New Jersey (NJ) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in New Jersey.
Damage Cap
No cap on damages
Statute of Limitations
2 years from the date the malpractice occurred or from the date of reasonable discovery
Discovery Rule
New Jersey applies the discovery rule broadly — the statute begins when the patient discovers or reasonably should discover the injury and its connection to the treatment.
Pre-Filing Requirements
Plaintiffs must file an affidavit of merit from a qualified medical professional within 60 days of the defendant's answer.
Average Settlement
$275,000 - $600,000
Average Verdict
$450,000 - $1,800,000
Key Facts About New Jersey Medical Malpractice Law
- 1New Jersey requires an affidavit of merit from an appropriately licensed expert within 60 days of the defendant's answer.
- 2The state follows a modified comparative negligence system with a 51% bar.
- 3There are no caps on economic, non-economic, or punitive damages in medical malpractice cases.
- 4Punitive damages are capped at five times compensatory damages or $350,000, whichever is greater, under the Punitive Damages Act (applies to all torts, not just malpractice).
Need Help with a New Jersey Medical Malpractice Case?
If you believe you have a medical malpractice claim in New Jersey, it is important to act quickly. The statute of limitations in New Jersey is 2 years from the date the malpractice occurred or from the date of reasonable discovery. Most medical malpractice attorneys offer free initial consultations.