New Jersey Birth Injury Lawyers

Search Lawyers by Cities (New Jersey)

New Jersey Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

N.J. Rev. Stat. §2A:14-2 Two years from when the cause of action accrues. Minors from birth: until age 13. In the event that an action by or on behalf of a minor is not commenced by the minor's parent or guardian prior to the minor's 12th birthday, the minor or a person 18 years of age or older designated by the minor to act on the minor's behalf may commence such an action. For this purpose, the minor or designated person may petition the court for the appointment of a guardian ad litem to act on the minor's behalf.

New Jersey Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

§2A:15-5.14. No defendant shall be liable for punitive damages in any action in an amount in excess of five times the liability of that defendant for compensatory damages or $350,000, whichever is greater.

Limits on Attorney Fees

Court Rules §1:21-7. Sliding scale, not to exceed 33-1/3 percent of first $500,000; 30 percent of next $500,000; 25 percent of third $500,000; 20 percent of fourth $500,000; on all amounts recovered in excess of the above by application for reasonable fee in accordance with the provisions of paragraph (f) hereof; and where the amount recovered is for the benefit of a client who was a minor or mentally incapacitated when the contingent fee arrangement was made, the foregoing limits shall apply, except that the fee on any amount recovered by settlement without trial shall not exceed 25 percent.

Periodic Payments

No applicable statute.

Patient Compensation or Injury Fund

None provided.

Medical or Peer Review Panels

§2A:84A-22.10. Professional review committees