I think I may have a medical malpractice case, but it happend over a year ago. What is the due date to file for a medical lawsuit in NJ?
Whats the time limit to file a medical lawsuit in New Jersey?
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Answer: (1)
If your injury occurred a year ago, then you are still within the time limit. In New Jersey, you have two years from the date of the injury to file a medical malpractice lawsuit for negligence in the part of a doctor, nurse, dentist, hospital or any other medical professional.
If the injury is one that does not manifest itself for some time, then the time limit begins at the date of discovery, or the date when the injury should reasonably have been discovered. In either case, it is important to talk to a medical malpractice lawyer immediately, because it may take some time to investigate the case, and seek professional medical opinion regarding the merits of the claim.
New Jerseys medical malpractice laws generally favor the patient, compared to other states. For example, there is no cap on the amount of money a patient may recover for non-economin damages such as pain and suffering, so it's easier for a lawyer to take cases that do not merit large economic recovery.
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Posted by Staff Writer on 21 Jan 2010