What Is the Medical Malpractice Statute of Limitations in New Jersey?

When you’ve suffered harm due to a healthcare provider’s negligence, figuring out what to do next can be intimidating. However, it’s important to take action to preserve your rights, as a medical malpractice lawsuit must be filed before the statute of limitations runs out.

Our medical malpractice lawyers at Sarno da Costa D’Aniello Maceri Webb LLC, led by Paul M. da Costa, guide you through the process every step of the way and work tirelessly to help you achieve the best possible outcome for your case. Here, we’ll explain the medical malpractice statute of limitations in New Jersey and why it’s vital to consult with an experienced attorney as soon as possible after a medical injury.

Understanding the Medical Malpractice Statute of Limitations in New Jersey

Generally, the statute of limitations for filing a medical malpractice lawsuit in New Jersey is two years from the date the injury occurred.  In most cases, if you miss this deadline, you’ll lose the right to sue for damages. However, injuries caused by medical negligence aren’t always immediately apparent. For example, you may not know that your doctor made a surgical error or failed to diagnose a serious condition until much later. In these types of cases, the discovery rule may give you more time to file a lawsuit.

What Is the Discovery Rule?

The discovery rule is a legal principle that allows the statute of limitations to be prolonged in certain circumstances. In medical malpractice cases, the two-year clock doesn’t start at the time the negligent act occurred, but when the patient first knew or should have known about the injury and its potential link to medical negligence.

Other Exceptions to the Medical Malpractice Statute of Limitations in New Jersey

New Jersey law also has different rules and exceptions for minors and those who are mentally incapacitated. Typically, for minors the medical malpractice statute of limitations doesn’t begin to run until the child turns 18. At that point, they may file a lawsuit until the age of 20. However, for most birth injuries a medical malpractice lawsuit must be filed before the child turns 13.

If someone is deemed mentally incapacitated, the medical malpractice statute of limitations may be paused until they are legally capable of making decisions for themselves. Many different factors and nuances in the law can affect how the discovery rule and other exceptions are applied, so it’s crucial to hire an experienced medical malpractice attorney who is familiar with litigating these types of cases.

Why Time Is of the Essence in Medical Malpractice Cases

Medical malpractice cases are among the most complex types of personal injury claims. They require thorough investigation, exhaustive documentation, and the input and testimony of medical experts. Consulting with a medical malpractice lawyer as soon as you suspect negligence caused an injury or wrongful death helps preserve valuable evidence, ensures you meet the statute of limitations deadline, and increases your chances of building a successful claim.

Delaying action can impede your ability to gather comprehensive supporting documentation, make it more challenging to track down witnesses, and give medical providers and their insurers reasons to dispute the credibility of your claim.

Even if you’re unsure of whether negligence occurred, having a medical malpractice lawyer evaluate your case can help you better understand your situation and legal options for recovering compensation. Our medical malpractice lawyers offer free, no-obligation consultations and take cases on a contingency fee basis. This means you won’t pay any upfront costs, and we get paid only if we win your case.

Our Medical Malpractice Attorneys Have a Proven Record of Success

This area of personal injury law is extremely challenging and complicated. If you’re considering filing a medical malpractice claim in New Jersey, you need a lawyer who not only understands the medical malpractice statute of limitations but also has a proven ability to successfully obtain settlements and verdicts for their clients.

Paul and our other medical malpractice lawyers are Certified Civil Trial Attorneys who have built a strong reputation for winning complex medical malpractice cases both inside and outside the courtroom. Our team has obtained substantial medical malpractice settlements and verdicts for clients in many types of cases.

We understand the devastating physical, emotional, and financial impact a medical injury can have on your life. Or team provides legal guidance you can trust and handles every case with compassion, diligence, and tenacity. Whether your injury happened recently or you’ve only just discovered that you were harmed, our medical malpractice lawyers listen to your story, answer any questions you may have, and determine the most effective course of action to help you find justice. Paul and his team are dedicated to fighting for your rights and helping you get the compensation you need to heal and move on from this challenging time.

Contact Medical Malpractice Attorneys Near You in New Jersey

At Sarno da Costa D’Aniello Maceri Webb LLC, our team can help you understand how the medical malpractice statute of limitations may affect your case and pursue the compensation you deserve. Contact us or call 973-274-5200 to schedule a free, no-obligation consultation with Paul M. da Costa today. Our medical malpractice lawyers serve clients in several convenient locations near you in New Jersey, including Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.