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New Jersey · Medical malpractice claims: harm and next steps

Medical malpractice claims: harm and next steps in New Jersey

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Filing deadline2 years from act or discovery; Affidavit of Merit requiredN.J.S.A. § 2A:53A-27

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in New Jersey?

N.J.S.A. § 2A:14-2: 2-year SOL. No explicit repose. Affidavit of Merit required within 60 days of defendant's answer (N.J.S.A. § 2A:53A-27). A lawyer can confirm yours.

2 years from act or discovery; Affidavit of Merit required

Minors: tolled until age 18 (N.J.S.A. § 2A:14-21); birth-injury claims must be brought before the child's 13th birthday (N.J.S.A. § 2A:14-2(a)).

Source: N.J.S.A. § 2A:53A-27

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

New Jersey has a 2-year statute of limitations for medical malpractice from the date of the act or from when the patient knew or should have known. New Jersey has no cap on non-economic malpractice damages, making it one of the most favorable states for catastrophic injury claims. New Jersey requires an Affidavit of Merit from a physician in the same specialty to be filed within 60 days of the defendant's answer.

Medical facilities in New Jersey

  • Robert Wood Johnson University Hospital — Level I Trauma Center

  • Hackensack University Medical Center

How this works nationally

For the overall process and updates, read the Medical malpractice claims: harm and next steps overview. This page covers the local information available for New Jersey.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in New Jersey? Read what applies in your state.

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Sources

  1. N.J.S.A. § 2A:53A-27