COMPARATIVE NEGLIGENCE

Comparative Negligence:

Jury compares the acts of the plaintiff with the acts of the defendant.

The jury assigns?

a percentage to each party (Example plaintiff 20% defendant 80%)

In New Jersey the plaintiff may collect up to?

50% responsibility for the accident. The court molds the verdict.

(Example: Jury verdict of $100,000.00. Plaintiff is 50% negligent so he/she is assessed 50% of the verdict or $50,000.00. Plaintiff receives $50,000.00)

the plaintiff receives no jury award If?

the jury determines that the plaintiff is greater than 50% responsible for the accident

Plaintiff may collect up to?

99% negligence

Arbitration:

• parties agree to submit disputes to a neutral third-party arbitrator

• The court system sends most cases to arbitration prior to a trial. Arbitration is done in front of an attorney who is experienced in that area of law.

Arbitration is fairly informal or formal?

Informal

Limited testimony by?

the witnesses

Either party is free to?

reject the award and request a trial De Novo with 30 days and a payment of  a fee.

Pretrial conference are done in?

The judges chambers

The pretrial conference is an attempt to?

Attempt to get case settled by hearing the judge’s assessment of it

Judge hears

1. what the plaintiff’s Demand to settle is

2. what the defendant’s Offer is

Judge attempts

• to get the parties to narrow their demand and offer and settle the case

Points out all the?

weaknesses of each case

Parties have heard?

what judge has to say and it may lead to fruitful settlement discussions