Morris, Downing, Sherred LLP

Morris, Downing, Sherred LLP

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Frequently Asked Questions About Birth Injury Lawsuits in New Jersey

Posted Mar 6, 2023

  1. What is a birth injury lawsuit? A birth injury lawsuit is a legal action taken by parents or guardians of a child who has been injured during birth due to the negligence of a medical professional.
  2. What is the statute of limitations for birth injury lawsuits in New Jersey? In New Jersey, the statute of limitations for birth injury lawsuits is until the child victim is 13 years old. There may be exceptions so you should speak with an experienced birth injury lawyer to be sure whether or not you can still file a case.
  3. What damages can be recovered in a birth injury lawsuit in New Jersey? Damages that can be recovered in a birth injury lawsuit in New Jersey may include medical expenses, rehabilitation costs, future medical expenses, pain and suffering, and loss of earning capacity.
  4. How long does a birth injury lawsuit typically take to resolve in New Jersey? The length of time a birth injury lawsuit takes to resolve in New Jersey can vary depending on the complexity of the case, but it typically takes several months to a few years.
  5. How much does it cost to file a birth injury lawsuit in New Jersey? Most birth injury attorneys in New Jersey work on a contingency fee basis, which means that they do not charge any upfront fees and only receive a percentage of the compensation awarded if the case is successful.
  6. Can I file a birth injury lawsuit in New Jersey even if I live in a different state? Yes, you can file a birth injury lawsuit in New Jersey even if you live in a different state. However, it is recommended that you work with an experienced birth injury attorney who is licensed to practice law in New Jersey.
  7. What is the burden of proof in a birth injury lawsuit in New Jersey? In a birth injury lawsuit in New Jersey, the burden of proof is on the plaintiff to show that the medical professional’s negligence caused the child’s injury.
  8. What should I look for in a birth injury attorney in New Jersey? When choosing a birth injury attorney in New Jersey, look for someone with experience handling similar cases, a track record of success, and a compassionate and understanding approach.
  9. Can I still file a birth injury lawsuit in New Jersey if my child’s injury occurred several years ago? In New Jersey, the statute of limitations for birth injury lawsuits is two years from the date of the injury, or two years from the date the injury was discovered or should have been discovered. However, there are exceptions to this rule, so it is important to consult with an experienced birth injury attorney to determine if you still have legal options.
  10. What happens if I win my birth injury lawsuit in New Jersey? If you win your birth injury lawsuit in New Jersey, you may be awarded compensation for damages such as medical expenses, rehabilitation costs, pain and suffering, and loss of earning capacity. The exact amount of compensation will depend on the specific circumstances of your case.

Contact us

If you have any questions about this article or would like to consult with an experienced New Jersey birth injury lawyer about your case, please contact us at (973) 383-2700 for a free, confidential, no-obligation consultation.

We’re here to help.

Birth Injuries, Child Injury, Damages, Medical Malpractice, Personal Injury

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