Can I still sue if an injury happened 2 years ago?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I still sue if an injury happened 2 years ago?
The doctor cut a nerve in my leg during surgery.
Asked on September 19, 2013 under Malpractice Law, New Jersey
Answers:
Anne Brady / Law Office of Anne Brady
Answered 11 years ago | Contributor
The statute of limitation in New Jersey (as well as in Arizona) for medical malpractice is two years from when a person knew or should have known of the malpractice. Since here the injury occurred during the surgery, you knew immediately, so if the surgery was more than two years ago, it is too late to sue unless you were a minor at the time of the surgery. If you were a minor, the statute of limitations is tolled (put on hold) until you turn 18.
Anne Brady / Law Office of Anne Brady
Answered 11 years ago | Contributor
The statute of limitation in New Jersey (as well as in Arizona) for medical malpractice is two years from when a person knew or should have known of the malpractice. Since here the injury occurred during the surgery, you knew immediately, so if the surgery was more than two years ago, it is too late to sue unless you were a minor at the time of the surgery. If you were a minor, the statute of limitations is tolled (put on hold) until you turn 18.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.