Understanding Expert Testimony and Comparative Negligence

Expert Witness

A specialist testifying on liability and damages.

Probable Certainty

More likely than not, a medical certainty.

Expert Witness

A specialist testifying on liability and damages.

Probable Certainty

More likely than not, a medical certainty.

Expert Qualification

Training and experience, not necessarily college education.

Comparative Negligence

Jury compares plaintiff's and defendant's actions.

Negligence Percentage

Assigning responsibility percentages to each party.

Court Verdict Molding

Adjusting awards based on plaintiff's negligence.

Jury Assessment

Determining financial responsibility in negligence cases.

Expert Testimony Cost

Expert witnesses can charge thousands of dollars.

Liability Testimony

Experts provide opinions on responsibility for damages.

Judicial Authority

Judge manages courtroom and expert testimony validity.

Plaintiff's Responsibility

In New Jersey, up to 50% can be collected.

Verdict Calculation

Total damages minus plaintiff's assigned negligence.

Zero Recovery Rule

Plaintiff gets nothing if over 50% responsible.

Expert Opinion Basis

Testimony based on depositions and scene investigations.

Injury Assessment

Experts evaluate injuries for probable medical certainty.

Damages Testimony

Expert assesses financial impact of injuries.

Jury Verdict Example

$100,000 award minus plaintiff's negligence share.

Unfair Verdict Outcomes

51% responsibility leads to zero recovery in New Jersey.

Expert Experience Impact

Experience influences credibility and testimony quality.

Judicial Discretion

Judges decide on expert witness admissibility.

Testimony Relevance

Experts must provide relevant opinions to the case.

Testimony Limitations

Experts cannot testify on legal possibilities.

Expert Witness Role

Provide informed opinions to assist jury understanding.

Comparative Negligence

Responsibility shared between parties in an accident.

51% Rule

In New Jersey, 51% negligence bars recovery.

New York Negligence Standard

Collect up to 99% responsibility for damages.

Arbitration

Alternative dispute resolution outside of court.

ADR

Alternative Dispute Resolution, including arbitration.

Arbitrator

Neutral party who decides arbitration outcomes.

Arbitration Award

Decision made by arbitrator after hearing evidence.

Pre-Trial Conference

Informal meeting in judge's chambers for case discussion.

Demand in Settlement

Plaintiff's initial request to settle a case.

Defendant's Offer

Amount proposed by defendant to settle case.

Settlement Negotiation

Process of discussing terms to resolve a case.

No Payage Judge

Defendant's declaration of no payment in settlement.

Spike Heels Case

Example of negligence involving personal attire and injury.

Municipal Court

Court handling minor criminal and civil cases.

Civil Court

Court for resolving non-criminal disputes.

Negligence Case

Legal action based on failure to exercise reasonable care.

Testimony

Witness statements given during legal proceedings.

Informal Proceedings

Non-recorded discussions between attorneys and judge.

Settlement Range

Difference between plaintiff's demand and defendant's offer.

Arbitration Cost

Fees paid to initiate arbitration process.

Judicial Discretion

Judge's authority to make decisions in court.

Case Value

Estimated worth of a legal claim.

Judicial Chambers

Private office where judges meet with attorneys.

Arbitrator

A neutral party resolving disputes outside court.

Pretrial Conference

Meeting to discuss case issues before trial.

Jury Selection

Process of choosing jurors for a trial.

Peremptory Challenge

Excusing a juror without providing a reason.

Jury Summons

Official notice to appear for jury duty.

Trial Duration

Time estimated for a trial to conclude.

Knowledgeable Witnesses

Experts providing testimony based on expertise.

Judges' Opinion

Judicial perspective influencing case discussions.

Jury Panel

Group of jurors selected to hear a case.

Jury Exemptions

Categories of individuals excused from jury duty.

One Day, One Trial

Jury system minimizing time commitment for jurors.

Jury List

Roster of potential jurors from licenses and voting.

Trial Conclusion

Final phase of a trial after jury deliberation.

Jury Deliberation

Process where jurors discuss and decide a verdict.

Court File

Official documents related to a court case.

Jury Compensation

Payment jurors receive for serving on a jury.

Judicial Discretion

Judges' authority to make decisions in court.

Trial Challenges

Objections raised against jurors during selection.

Jury Duty

Civic responsibility to serve as a juror.

Trial Witnesses

Individuals providing evidence during a trial.

Judicial System

Framework of courts and legal procedures.

Case Resolution

Final outcome or settlement of a legal case.

Jury Verdict

Decision made by a jury at trial.

Voire Dire

Process of questioning jurors for selection.

Empaneling

Selecting jurors to form a jury.

Personal Injury Case

Legal case involving harm to an individual.

Opening Statements

Initial remarks outlining each side's case.

Direct Examination

Questioning of a witness by the calling party.

Cross Examination

Questioning of a witness by the opposing party.

Fact Witness

Individual with direct knowledge of the case.

Expert Witness

Specialist providing opinion based on expertise.

Credibility

Believability or trustworthiness of a witness.

Physical Evidence

Tangible items presented in court for consideration.

Mockup

Model used to illustrate evidence in court.

Juror Challenges

Objections to specific jurors during selection.

Plaintiff

Party initiating a lawsuit in court.

Defendant

Party accused or sued in a court case.

Surgical Nurse

Nurse specializing in assisting during surgeries.

Orthopedic Surgeon

Doctor specializing in bone and joint surgery.

Spouse of Consortium Claim

Claim for loss of companionship due to injury.

MRI

Magnetic Resonance Imaging, used for medical diagnosis.

CAT Scan

Computed Axial Tomography, imaging technique for diagnosis.

Pet Scan

Positron Emission Tomography, imaging for detecting diseases.

Closing Statements

Final arguments summarizing each side's case.

Jury Room

Private space where jurors deliberate on a verdict.

Personal Injury Claims

Requests for compensation due to personal harm.

Closing Statements

Final arguments presented to the jury by attorneys.

Plaintiff

The party who brings a lawsuit in court.

Defendant

The party being accused in a lawsuit.

Charging the Jury

Judge instructs jurors on legal standards.

Jury Framework

Guidelines provided by the judge for deliberation.

Fair Compensation

Amount awarded to plaintiff for damages.

Jury's Best Judgment

Jury's subjective assessment of damages.

Personal Injury Awards

Compensation for physical or emotional harm.