New Jersey · Nursing Home Abuse: Get Help and Check the Care

Nursing Home Abuse: Get Help and Check the Care in New Jersey

See If You Qualify

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Filing deadline2 years from date of injury (affidavit of merit required within 60 days of defendant's answer)N.J.S.A. § 2A:14-2

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?

New Jersey's personal injury SOL is 2 years (N.J.S.A. § 2A:14-2). The Nursing Home Act provides a 2-year limitations period. The New Jersey Affidavit of Merit Statute (N.J.S.A. § 2A:53A-27) requires filing an expert affidavit within 60 days of the defendant's answer in professional negligence cases — consult local counsel. A lawyer can confirm yours.

2 years from date of injury (affidavit of merit required within 60 days of defendant's answer)

Source: N.J.S.A. § 2A:14-2

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's Nursing Home Responsibilities and Residents' Rights Act (N.J.S.A. § 30:13-1 et seq.) provides a private right of action and attorney's fees. New Jersey follows modified comparative fault with a 51% bar. New Jersey has approximately 360 nursing facilities and one of the highest concentrations of nursing home residents per capita in the country.

New Jersey nursing-home neglect and abuse claims are filed in the Superior Court of New Jersey, Law Division, in the county where the facility is located. New Jersey's Nursing Home Responsibilities and Rights of Residents Act (N.J.S.A. 30:13-1 et seq.) gives residents an express private right of action for violations of their statutory rights, alongside common-law negligence and wrongful-death counts. The Department of Health's Division of Health Facilities Survey and Field Operations licenses and inspects facilities, and its survey deficiency reports and complaint investigations are core evidence. Where a claim sounds in professional negligence, an Affidavit of Merit from a qualified expert must be served within 60 days of the defendant's answer (N.J.S.A. 2A:53A-27). The general limitations period is two years (N.J.S.A. 2A:14-2), and New Jersey applies modified comparative negligence with a 51-percent bar. Families should preserve care plans, medication-administration records and wound-care documentation early, and may report suspected abuse to the state Long-Term Care Ombudsman.

Medical facilities in New Jersey

  • Cooper University Hospital — Level I Trauma

How this works nationally

For the overall process and updates, read the Nursing Home Abuse: Get Help and Check the Care 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.

Register your interest. If a participating law firm takes these cases, it may contact you.

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Sources

  1. N.J.S.A. § 2A:14-2