New Jersey Statute of Limitations

What are New Jersey’s statute of limitations regarding personal injury lawsuits and lawyer caps?

There are no caps or monetary settlement levels on medical malpractice wrongful death personal injury lawsuits.

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The statute of limitation for filing a wrongful death lawsuit in New Jersey is two years. This is the maximum amount of time that the victim’s family can wait to pursue a wrongful death lawsuit.

In product liability wrongful death lawsuits, awards as based on a sliding scale, not to exceed one third of the first $500,000; 30 percent of next $500,000; 25 percent of third $500,000; and 20 percent of fourth $500,000. There is a 25 percent limit for minor or incompetent plaintiffs.

Product liability - Determination of award; limitations; exceptions

a. Before entering judgment for an award of punitive damages, the trial judge shall ascertain that the award is reasonable in its amount and justified in the circumstances of the case, in light of the purpose to punish the defendant and to deter that defendant from repeating such conduct. If necessary to satisfy the requirements of this section, the judge may reduce the amount of or eliminate the award of punitive damages.

b. No defendant shall be liable for punitive damages in any action in an amount in excess of five times the liability of that defendant for compensatory damages or $ 350,000, whichever is greater.

Minors Rights (minors tolling) - Except in cases of medical malpractice injuries suffered at birth, the statute of limitations begins to run on the minor’s 18th birthday.

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Resource – New Jersey Association of Trial Lawyers of America
150 W. State Street - Trenton, NJ 08608
609.396.0096

Resource – New Jersey State Police
P.O. Box 7068
West Trenton, NJ 08628
609.882.2000