State: New Jersey
Link to State Law: New Jersey Statutes
The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to New Jersey state law, contact an experienced attorney.
Statute of Limitations: According to New Jersey law, a medical malpractice action must be commenced within two years from the date of the act or omission giving rise to the complaint, or two years from the date the injury was or reasonably should have been discovered. A medical malpractice claim based on a birth injury must be filed by a child's thirteenth birthday. In any other medical malpractice cases involving minors, the statute of limitations begins to run on the minor's eighteenth birthday.
Minimum Qualifications of Expert Witnesses: In New Jersey, an medical malpractice expert witness must be licensed and practicing in the same specialty as the defendant, and must be authorized to administer the treatment at issue in the medical malpractice case.
Limitations on Monetary Damages: Medical malpractice punitive damages are limited to five times the actual damages or $350,000, whichever is greater.
Limitations on Attorney Fees: Attorney fees in New Jersey medical malpractice cases are limited to one third (1/3) of the first $500,000 recovered, 30% of the next $500,000, 25% of the next $500,000, and 20% of the next $500,000. Fees are limited to 25% for actions where the plaintiff is a minor or is incompetent.