new jersey medical malpractice : Comparative Or Contributory Negligence

2008-05-14 15:40:23

( Legal )



Are you faced with malpractice new jersey then you don’t need a new jersey criminal lawyer but rather a new jersey medical malpractice lawyer.

What are the statutes of limitation for new jersey medical malpractice?

Like any other personal injury action, a medical malpractice action has to be made within a two year period from when the cause of action took place. However in new jersey, the courts have added a discovery rule – i.e. that the cause of action is not counted if someone is reasonably unaware of the injury or that the injury has been the fault of someone who is identifiable.

If at the time of the injury, the claimant was insane or underage, the time of accrual only begins to run once the disability is removed.

New jersey medical malpractice – comparative or contributory negligence?

In new jersey there is a policy of modified comparative negligence. This means that your action as a claimant is barred if your negligence is more than the negligence or all the defendants combined. Otherwise the recovery of the claimant is diminished according to the percentage of negligence.

New jersey medical malpractice – several and joint liability.

In the case of new jersey negligence action, the tier of fact determines the negligence of each party seen as a percentage of the total negligence of all the parties. If the defendant is negligent by 60% or more he is severally and jointly liable for the entire damages of the claimant. If he is negligent by less than 60% he only becomes severally liable to the part of the total damages of the claimant that equals the percentage of his negligence.

New jersey medical malpractice – contribution

The state of new jersey has put limits on the contingent fee for attorneys for many years. Fees cannot exceed specific amounts or alternatively a reasonable amount which the court approves for an excess over a couple of million dollars.


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