Does New Jersey law recognize the principle of comparative negligence?
Yes. New Jersey recognizes adapted comparative negligence. In case of medical malpractice, if a patient’s negligence exceeds the combined negligence of all defendants, then the patient’s claim is barred by the doctrine of comparative negligence. What are joint and several liabilities? In New Jersey, the liability towards payment of damages is determined on the basis of each party’s negligence proportionate to the combined negligence of all defendants. If the percentage of an individual defendant is more than 60% or more, then such a defendant is both jointly and severally accountable for the payment of plaintiff’s entire compensation amount. If the percentage of an individual defendant’s negligence is less than 60%, then such a defendant is only severally accountable for that portion of the claimant’s total damages that is equal to his/or her percentage of negligence. Does New Jersey Law grant Punitive damages? Yes. The New Jersey courts grant punitive damages. As per New Jersey Law, p
