Every state limits the amount of time injury victims have to take legal action against the at-fault party. No matter what type of accident you were involved in, you only have a limited timeframe to file your insurance claim or civil lawsuit. The New Jersey statute of limitations for medical malpractice claims is no different.
However, for medical malpractice cases in particular, these deadlines can be extremely complex. It is crucial that you get clarity so your NJ medical malpractice lawyer with Rand Spear The Accident Lawyer can ensure your claim is filed before time runs out. Failing to file your medical malpractice suit in time could have devastating consequences on the outcome of your case and your ability to access maximum compensation for your damages.
New Jersey Imposes Deadlines for Medical Malpractice Claims
The state of New Jersey has strict rules for when medical malpractice and personal injury claims can be filed. The law requires claims to be filed before too much time passes, which could have an impact on the quality and availability of supporting evidence. It is also there to protect the defendant’s rights.
Sometimes, financial records or other financial documents can go missing or get destroyed. Other times, witness memories will fade, move, or die, which makes it impossible for you to support your case. With medical malpractice cases, deadlines must be met, and claims must be filed before the statute of limitations expires if you hope to recover the compensation you deserve.
The Statute of Limitations for New Jersey Medical Malpractice Lawsuits
Under New Jersey personal injury laws for medical malpractice claims, the statute of limitations expires in just two years. Unfortunately, this is not a significant amount of time to pursue a case. The countdown will typically start the day the medical error was made, but this may not always be the case.
In some instances, the statute of limitations cannot start counting down because you are unaware of the mistake or have yet to be diagnosed with a severe injury or illness related to medical negligence. If this is true for your case, you can expect the statute of limitations to start counting down from the date you discovered or were diagnosed with a medical condition caused by medical malpractice. This is commonly referred to as the discovery rule and temporarily pauses the expiration date of your claim.
We see this occur most often in instances of delayed diagnosis, surgical mistakes, and misdiagnosis. This is because these types of cases can take longer to diagnose. When you learn of your healthcare provider’s medical mistake, contact a dedicated personal injury attorney for help as soon as possible.
Waiting to File Your Malpractice Claim Could Have Adverse Consequences
Unfortunately, filing your medical malpractice claim before the statute of limitations deadline is non-negotiable. When injury victims miss the claim filing date, and the statute of limitations expires, they lose the right to move forward with the claim. The judge presiding will be legally obligated to refuse to hear your case in court.
Failure to get started as soon as possible could also make it challenging or impossible to build a case against the negligent healthcare provider or facility. We need to be able to access valuable supporting evidence. If we wait, this evidence could disintegrate or disappear, or we may not have enough time to collect it before the start of your trial.
We also need to be able to consult with medical experts, who may need to be given enough notice and time to review your medical records and the evidence at hand. The longer the wait to get a medical malpractice attorney working on your case, the more consequences you will face. While you recuperate, have your personal injury attorney start investigating and handling all necessary pre-trial requirements.
Minors May Not Follow the Same Statutes of Limitations Deadlines
When minor children suffer an injury or illness brought on by medical malpractice, the statute of limitations deadlines may be more complex. According to NJ Rev. Stat §2A:14-2, when a minor suffers injuries at birth, parents have until the child reaches the age of 13 to file a medical malpractice lawsuit. When a parent does not file suit before the child reaches the age of 12, the child, with help from a guardian ad litem, can then file the claim.
Minors will have until their 20th birthday to file a claim if their injury or illness occurred at any time in their youth. The statute of limitations will be tolled or temporarily paused until the child reaches the age of 18 and expires on their 20th birthday. This gives them ample time to pursue their medical malpractice case.
Additionally, if the medical malpractice victim is mentally incapable of pursuing the case, the statute of limitations may be paused until they become well and capable of pursuing the case. In some instances, the individual’s legal guardian may be able to file the claim on their behalf. You can find out exactly how much longer you have to file your claim when you contact your medical malpractice attorney for help.
Other Medical Malpractice Claim Limitations You Need to Know
It is not only claim filing deadline limitations you need to prepare for. New Jersey law also places a cap on the amount of compensation you can recover. There is no limit on how much you can be awarded for economic and non-economic damages.
However, there is a cap on punitive damages. When a healthcare provider’s negligence or misconduct turns your world upside down, New Jersey law caps punitive damages at a rate of $350,000 or five times the value of your economic and non-economic damages. Whichever figure is higher will set the maximum amount of punitive damages allowable in your case.
Demand Rand. Connect with New Jersey’s Leading Medical Malpractice Law Firm
Do not let negligent healthcare providers and big insurance companies escape financial liability for your damages and suffering. Rand Spear will use our extensive investigative skills and knowledge of New Jersey’s medical malpractice and tort laws to bring the liable party to justice. Rand Spear The Accident Lawyer will do everything possible to help your family get through these difficult times with maximum financial compensation.
Take action on your personal injury claim as soon as today. We work for you on contingency, so you do not have to worry about paying anything unless or until we win your case. Fill out our convenient contact form or call our office to schedule your free, no-obligation consultation.
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