Medical malpractice claims in New Jersey, explained
A New Jersey malpractice case has an early extra step. Within 60 days after each defendant answers, it must get an affidavit from an appropriate licensed professional that the care likely fell outside accepted standards. The general deadline to sue is 2 years. A child's birth injury claim must be filed before age 13. Checked October 11, 2026.
Sources: N.J.S.A. 2A:53A-27; N.J.S.A. 2A:14-2(a); N.J.S.A. 2A:14-21The affidavit of merit
In a malpractice case, each defendant must get an affidavit from an appropriate licensed professional. It says there's a reasonable probability the care fell outside acceptable professional standards.
- Affidavit dueN.J.S.A. 2A:53A-2760 days after each answer
- One more period, for good causeN.J.S.A. 2A:53A-27Up to 60 days
The deadlines
- Sue, in generalN.J.S.A. 2A:14-2(a)2 years
- A child's injury at birthN.J.S.A. 2A:14-21Before age 13
- Wrongful deathN.J.S.A. 2A:31-32 years after the death
- A public hospital or agencyN.J.S.A. 59:8-8Notice within 90 days
What lawyers can charge
New Jersey's court rule caps contingent fees in cases based on another's wrongful conduct: 33⅓% of the first $750,000, stepping down above that, figured after case costs.
Source: R. 1:21-7(c), (d); R. 1:21-7(c)Sources
- N.J.S.A. 2A:53A-27Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 2A:14-2(a)Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 2A:14-21Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 2A:31-3Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 59:8-8Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 59:8-9Justia, 2025 New Jersey Revised Statutes. Checked .
- R. 1:21-7(c), (d)New Jersey Court Rules, via State Rules (as amended September 1, 2024). Checked .
- R. 1:21-7(c)New Jersey Court Rules, via Court Rules Network. Checked .
General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.
What to do next
- Next questionYour first injury lawyer consultation in New JerseyWhat to bring and ask on the first call with a firm.
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Questions people ask
What is an affidavit of merit in New Jersey?
A sworn statement from an appropriate licensed professional that there's a reasonable probability the care fell outside acceptable standards. Each defendant must get one within 60 days of its answer.
How long do I have to file a medical malpractice claim in New Jersey?
Generally 2 years. A child's claim for injuries at birth must be filed before the child turns 13.
How much do medical malpractice lawyers charge in New Jersey?
A court rule caps contingent fees at 33⅓% of the first $750,000 recovered, stepping down above that, figured after case costs.
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