What is the Statute of Limitations to File a Medical Malpractice Lawsuit in NJ?

Posted on May 2, 2016 at 11:47am by

medical-malpractice-examplesA 2014 study published in the Journal of Patient Safety confirmed that as many as 440,000 people are killed by medical malpractice each year. Hundreds of thousands more are injured due to negligence or malice from their healthcare providers.

It is not uncommon for victims of medical malpractice to either not know about the injury or not make the decision to file a malpractice lawsuit until later. Unfortunately, the statute of limitations to file a medical malpractice suit has prohibited many victims from seeking compensation for their medical expenses, as well as pain and suffering.

Medical Malpractice Statute of Limitations in New Jersey

To clarify, a statute of limitations is the time limit you have to take legal action against another party after sustaining some sort of injury or wrongdoing. The clock generally starts at the time when the injury occurs. In most cases, if you try to file a lawsuit after the statute has passed, your case is likely to be dismissed.

In New Jersey, the statute of limitations is two years from the date when the injury occurred. In some cases, you may be able to successfully argue that the statute shouldn’t start until the date that you discovered, or could have reasonably discovered the injury. Otherwise, after two years, your case could be dead, making it especially crucial that you keep the statute in mind if you think you have been a victim of medical malpractice.

New Jersey has a unique rule regarding birth injury lawsuits. In birth injury cases, the statute of limitations is a little more forgiving. The statute states that a birth injury case should be filed prior to the baby’s 13th birthday.

If you or a loved one has been injured due to medical malpractice, call or fill out an online form today for a free consultation. The medical malpractice lawyers with Targan & Pender PC are here to help.



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