What is the statue of limitations for medical malpractice claims in New Jersey?

New Jersey malpractice laws, like medical malpractice laws in all states, contain distinct statutes of limitations applicable to all cases originating within the state of New Jersey. In short, a plaintiff’s ability to recover compensation for damages in a given case, if the statutes of limitations have expired, is greatly curtailed, save for the possibility of filing claims under another cause of action or in the event of other case-specific considerations.

New Jersey statues of limitations applicable to medical malpractice cases are as follows:

• Any medical malpractice lawsuit must commence within two (2) years from the exact date of negligence giving cause of action to file suit.

• While the statutes state accrual of the statutes begins on the date of negligence, New Jersey case laws has rendered a Discovery Rule, which essentially dictates that the statutes of limitations period commences from the discovery of negligence, damages or harms.

• Individuals under the age of twenty-one (21) or who are found insane, adhere to a statute of limitations period, which begins accrual only at the date the individual reaches the age of majority or losses mental disability.

• Any wrongful death related claims involving medical malpractice must commence within two (2) years from the date of death.

To determine how your specific case may be influence by New Jersey statutes of limitations applicable to medical malpractice cases, it is imperative you consult with a medical malpractice lawyer in the state of New Jersey.