FB New Jersey Statute of Limitations for Birth Injuries, Medical Malpractice

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SOL for Medical Malpractice Claims (Minor Plaintiffs): 13 years

SOL for Medical Malpractice Claims (Parental Claims): 13 years for damages suffered as a result of malpractice on minor child – 2 years for direct malpractice

SOL for Wrongful Death Claims: 2 years

New Jersey Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

13 years: N.J. Rev. Stat. § 2A:14-2(a): an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor’s 13th birthday.

New Jersey Statute of Limitations for Medical Malpractice Claims (Parental Claims)

13 years for damages suffered as a result of malpractice on minor child – 2 years for direct malpractice: N.J. Rev. Stat. § 2A:14-2(a): Every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued. See also N.J. Rev. Stat. § 2A:14-2.1: Where a parent or other person has a claim for damages suffered by him because of an injury to a minor child caused by the wrongful act, neglect or default of any person within this State, an action at law upon such claim may be commenced by the said parent or other person within the same period of time as provided by law in the case of the said minor child so injured, provided that, if an action is commenced by or on behalf of the said minor child, the said claim of the parent or other person shall be asserted and maintained in such action brought on behalf of the injured minor child either as a plaintiff or third party plaintiff and if not so asserted shall be barred by the judgment in the action brought on behalf of said injured minor child.

New Jersey Medical Malpractice Claim Caps

No cap.

New Jersey Statute of Limitations for Wrongful Death Claims

2 years: N.J. Rev. Stat. § 2A:15-3: Every action brought under this chapter shall be commenced within two years after the death of the decedent…

New Jersey Wrongful Death Claim Caps

Not applicable for the state of New Jersey.


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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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