New Jersey Medical Malpractice Lawyers Review Statute of Limitations for New Jersey Medical Malpractice Lawsuits

Home/medical malpractice/New Jersey Medical Malpractice Lawyers Review Statute of Limitations for New Jersey Medical Malpractice Lawsuits

New Jersey Medical Malpractice Lawyers Review Statute of Limitations for New Jersey Medical Malpractice Lawsuits

Medical malpractice can result in catastrophic personal injuries that are immediately obvious and devastating. Sometimes, however, consequences of medical malpractice remain hidden for months or even years.  When it becomes clear to you that your physician, surgeon or other healthcare provider has injured you or a family member as a result of physician negligence, misdiagnosis or failure to diagnose, the clock begins to tick on the period of time you have to file a claim to recover just compensation for your injuries. The time-frame within which a medical malpractice claim must be brought is governed by New Jersey’s Statute of Limitations, N.J.S.A 2A:14-2.

New Jersey’s “Two Year” Rule for Medical Malpractice Claims

In New Jersey, the general rule is that any personal injury lawsuit, including a medical malpractice action, must be filed within two years of the date the “cause of action” accrued.  The cause of action does not accrue until the injured party becomes reasonably aware of the existence of the injury, or that the injury is the result of the negligence of another party.  Therefore, if the injury is immediately obvious, the injured party must file a medical malpractice claim within two years; however, if the injury is not obvious, the clock on the two year limitation does not start until the injury is detected or should have been detected under reasonable circumstances. If the malpractice injury results in death, the wrongful death claim must be filed within two years from the date of death.

Exceptions for Injuries to Children & Birth Injuries

There are exceptions to New Jersey’s general “two year” rule with regard to children injured by medical malpractice.  For minors, a medical malpractice claim must be brought within two years of the injured child’s 18th birthday, unless the injury occurred at birth.  If a child sustained an obvious birth injury as the result of the medical malpractice, a medical malpractice lawsuit must be filed by the child’s 13th birthday. For minors, the statute of limitations applies to wrongful death actions and a claim must be filed within two years of the child’s death resulting from the physician’s negligence.

Call New Jersey Medical Malpractice Lawyers of Eichen Crutchlow Zaslow, LLP

Medical malpractice claims are factually complex and procedurally complicated.  When you or a family member has been injured by the negligence of a physician or other healthcare provider, you need the assistance of a New Jersey medical malpractice lawyer who has the knowledge and resources to sort through the medical facts of your situation and develop a case that will properly and adequately address your injuries and the obtain the best possible recovery on your behalf.  New Jersey medical malpractice lawyers of Eichen Crutchlow Zaslow, LLP., possess the knowledge to navigate through the procedural issues that arise in a medical malpractice claim, such as the running of the Statute of Limitations, contributory or comparative negligence issues, and questions of joint and several liability.  Contact New Jersey medical malpractice lawyers today to discuss your potential claim and how our medical malpractice attorneys can assist you in obtaining the recovery you deserve to compensate you for your injuries. Call 732-384-1331 or fill out the online contact form to make an appointment for a free consultation.

Related Articles

Free Consultation

Testimonials

I also WON lifelong FRIENDS!

"The list is LONG of the wonderful things that I can say about Barry, Maria (his assistant) & the rest of the folks that I had the HONOR of spending time with during my case. I brought my case to another lawyer that told me that I have no case, yet Barry was not only able to WIN, but he WON a substantial amount! Lawyers have awful reputations, but Barry defies every single one of them! Barry Eichen genuinely CARES about his clients!! NOTHING was too much to ask for – there was no such thing as too many phone calls! Without a doubt, I was in the BEST HANDS with Barry as my attorney! I not only WON my lawsuit, but I also WON lifelong FRIENDS!"

~ Client

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-22T00:29:45+00:00

~ Client

"The list is LONG of the wonderful things that I can say about Barry, Maria (his assistant) & the rest of the folks that I had the HONOR of spending time with during my case. I brought my case to another lawyer that told me that I have no case, yet Barry was not only able to WIN, but he WON a substantial amount! Lawyers have awful reputations, but Barry defies every single one of them! Barry Eichen genuinely CARES about his clients!! NOTHING was too much to ask for – there was no such thing as too many phone calls! Without a doubt, I was in the BEST HANDS with Barry as my attorney! I not only WON my lawsuit, but I also WON lifelong FRIENDS!"

I have to say he is a great person.

"I had a bad accident back in June of 2015. My dad knows Barry. I have to say he is a great person. I was unsatisfied with some things that were happening with a previous lawyer and he made sure everything was fixed and I was satisfied. My lawyer Edward McElroy is great he answers emails in a timely matter even on weekends. I know they probably used to get annoyed with me calling all the time Lol. But I was just curious to what is going on with my case. Nicole, Ed’s secretary is great. She always responds back to my emails in a timely matter as well and even checks up on things with me from time to time. Barry recently became my mother and cousins Lawyer do to a bad accident they were involved in as well. I would highly recommend this firm. Thanks guys 🙂"

~ Client

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T17:42:12+00:00

~ Client

"I had a bad accident back in June of 2015. My dad knows Barry. I have to say he is a great person. I was unsatisfied with some things that were happening with a previous lawyer and he made sure everything was fixed and I was satisfied. My lawyer Edward McElroy is great he answers emails in a timely matter even on weekends. I know they probably used to get annoyed with me calling all the time Lol. But I was just curious to what is going on with my case. Nicole, Ed’s secretary is great. She always responds back to my emails in a timely matter as well and even checks up on things with me from time to time. Barry recently became my mother and cousins Lawyer do to a bad accident they were involved in as well. I would highly recommend this firm. Thanks guys 🙂"

Mr. Zaslow is truly the best.

"The loss of my husband due to malpractice was and is devastating, Daryl took on our case and said, “Unfortunately I can’t bring your husband back but I can make sure that you will be ok financially,” and that is what he did , with compassion and dedication and always made feel like he had time for me, I never felt rushed or unimportant, I cannot say enough about how professional yet caring this office has treated me . Mr. Zaslow is truly the best at what he does and I can’t say enough about his secretary who not only kept me informed but listened to me during the most painful time of my life , all I can say is what a great team . Thank you Daryl for helping me . Thank you Heather for listening."

~ C.C.

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T17:44:24+00:00

~ C.C.

"The loss of my husband due to malpractice was and is devastating, Daryl took on our case and said, “Unfortunately I can’t bring your husband back but I can make sure that you will be ok financially,” and that is what he did , with compassion and dedication and always made feel like he had time for me, I never felt rushed or unimportant, I cannot say enough about how professional yet caring this office has treated me . Mr. Zaslow is truly the best at what he does and I can’t say enough about his secretary who not only kept me informed but listened to me during the most painful time of my life , all I can say is what a great team . Thank you Daryl for helping me . Thank you Heather for listening."

Daryl Zaslow went to bat for him

"When, at age 44 my son suffered a massive Ischemic stroke, my greatest concern was how he would be able to live a normal life without the use of his speech and his arm. Daryl Zaslow went to bat for him and through his tireless efforts, his medical knowledge and his sincere concern for my son, Mr. Zaslow secured for my son a future not only without financial worries, but with hope and happiness. There are no words to express the thanks of our family to a great lawyer."

~ Client

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T17:48:36+00:00

~ Client

"When, at age 44 my son suffered a massive Ischemic stroke, my greatest concern was how he would be able to live a normal life without the use of his speech and his arm. Daryl Zaslow went to bat for him and through his tireless efforts, his medical knowledge and his sincere concern for my son, Mr. Zaslow secured for my son a future not only without financial worries, but with hope and happiness. There are no words to express the thanks of our family to a great lawyer."

Very very pleased with the service and professionalism.

"Very very pleased with the service and professionalism of this law firm. I really felt that my case was very important to them and went to every length to achieve the best outcome possible. Or attorney really went to bat for me and his staff was very professional and courteous. Highly recommended. Thank you again for a great outcome !!"

~ M.M.

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T17:51:39+00:00

~ M.M.

"Very very pleased with the service and professionalism of this law firm. I really felt that my case was very important to them and went to every length to achieve the best outcome possible. Or attorney really went to bat for me and his staff was very professional and courteous. Highly recommended. Thank you again for a great outcome !!"

This is a 5 star firm.

"Great firm took me right in and sat with me and understood my case, unlike other attorneys I had seen. This is a 5 star firm."

~ Client

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T18:04:32+00:00

~ Client

"Great firm took me right in and sat with me and understood my case, unlike other attorneys I had seen. This is a 5 star firm."

I would highly recommend his firm.

"Mr. Eichen handled a motorcycle accident for me in 2002, as well as various other cases since that time. I have permanent injuries from that accident and he was able to resolve my case for the full policy limits and get me compensation as quickly as possible. I would highly recommend his firm."

~ Client

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T18:07:23+00:00

~ Client

"Mr. Eichen handled a motorcycle accident for me in 2002, as well as various other cases since that time. I have permanent injuries from that accident and he was able to resolve my case for the full policy limits and get me compensation as quickly as possible. I would highly recommend his firm."
5
7
Text Us732-384-1331