Legal Question in Medical Malpractice in New Jersey

Re: Statute of Limitations

The answer of "two years" is not as useful to you as you may believe.

Do NOT act as your own lawyer regarding the interpretation of the Statute of Limitations for the following reasons:

1) An attorney needs time to investigate a claim. If an attorney does not have enough time to make an informed decision, including obtaining records and consultation with experts, they are less likely to be interested in investigating your case.

2) There are circumstances under which the time to act is effectively as short as NINETY DAYS (Tort Claims Act).

3) There are circumstances under which the time to act is longer, for example, minors, the discovery rule.

You need to contact an attorney as soon as possible, preferably today, if you believe you have a claim. Non-lawyers would be making a SERIOUS MISTAKE to RELY on the Statute of Limitations (2 years) as a reason to wait until they contact an attorney OR to believe that it is "too late" to contact an attorney.

Many (if not most) attorneys will talk to you about a possible malpractice case without charge. You may call my office, or look to this list, your local Yellow Pages or Bar Association to find an attorney to discuss your particular circumstances.

Any delay in discussing your case with an attorney lessens the chance that you may be successful in winning a malpractice award in court.

Re: Statute of Limitations

Generally, the statute of limitations is 2 years. However, there are number of situations that would allow the statute to be extended.

The best way to determine the the statute in your particular case is to consult with an attorney to discuss your particular circumstance.

I am on vacation, so you can send me an e-mail or call me on Tuesday after labor day. I would be happy to discuss your case, the statute of limitations and determine if we can help you. Best wishes.