New Jersey — Medical Malpractice SOL
2 years
Governing statute: §2A:14-2; §59:8-8
The rule at a glance
- Baseline
- 2-year statute of limitations from the act or injury.
- Discovery rule
- recognized (no hard repose).
- Statute of repose
- No statute of repose (discovery rule uncapped).
- Minor tolling
- tolled until 18 (13yr max for birth injury)
- Government-entity notice of claim
- 90-day notice required before suing a government entity.
- Statutory reference
- §2A:14-2; §59:8-8
Common pitfalls in New Jersey
Missing the SOL is the #1 malpractice claim against plaintiff attorneys. The most common New Jersey pitfalls:
- Assuming the discovery rule extends the deadline when this state's rule is "recognized (no hard repose)" — verify the current statute.
- Missing the separate notice-of-claim deadline for government-entity defendants (VA hospitals, county facilities, state universities).
- Miscalculating minor tolling — the rule ("tolled until 18 (13yr max for birth injury)") has carve-outs specific to med-mal.
- Ignoring the statute of repose cap where one exists (none).
Calculate your New Jersey case deadline
Enter incident date, discovery date, minor flag, and government-entity flag. Get the deadline in 10 seconds.
Calculate my deadline →
Need more than a deadline?
MedLegal AI runs the same SOL analysis against your actual case files — then keeps going: chronology, damages model, demand letter, discovery drafting, expert opinion. 23 tools, single login, starts at $49/mo. Zero hallucinated citations.