Statute of Limitations and tolling
b.
In the event that an
action by or on behalf of a minor that has accrued for medical
malpractice for injuries sustained at birth is not commenced by the minor's
parent or guardian prior to the minor's 12th birthday, the minor or a person 18
years of age or older designated by the minor to act on the minor's behalf may
commence such an action. For this purpose, the minor or designated person
may petition the court for the appointment of a guardian ad litem to act on the
minor's behalf.
L.1951 (1st SS), c.344;
amended 2004, c.17, s.3.
2A:14-2
Actions for injury caused by wrongful act negligence, appointment of guardian ad litem.
2A:14-2
. a. Every action at law
for an injury to the person caused by the wrongful act, neglect or default of
any person within this State shall be commenced within two years next
after the cause of any such action shall have accrued; except that an action by
or on behalf of a minor that has accrued for medical malpractice for injuries
sustained at birth shall be commenced prior to the minor's 13th birthday.
2A:14-2. a. Every action at law
for an injury to the person caused by the wrongful act, neglect or default of
any person within this State shall be commenced within two years next
after the cause of any such action shall have accrued; except that an action by
or on behalf of a minor that has accrued for medical malpractice for injuries
sustained at birth shall be commenced prior to the minor's 13th birthday.b.In the event that an
action by or on behalf of a minor that has accrued for medical
malpractice for injuries sustained at birth is not commenced by the minor's
parent or guardian prior to the minor's 12th birthday, the minor or a person 18
years of age or older designated by the minor to act on the minor's behalf may
commence such an action. For this purpose, the minor or designated person
may petition the court for the appointment of a guardian ad litem to act on the
minor's behalf.L.1951 (1st SS), c.344;
amended 2004, c.17, s.3.
2A:14-2.1. 2 years; action by parent or other person for injury
to minor child; joinder with action on behalf of minor child
Where a parent or
other person has a claim for damages suffered by him because of an injury to a
minor child caused by the wrongful act, neglect or default of any person within
this State, an action at law upon such claim may be commenced by the said
parent or other person within the same period of time as provided by law in the
case of the said minor child so injured, provided that, if an action is
commenced by or on behalf of the said minor child, the said claim of the parent
or other person shall be asserted and maintained in such action brought on
behalf of the injured minor child either as a plaintiff or third party plaintiff
and if not so asserted shall be barred by the judgment in the action
brought on behalf of said injured minor child.
L.1964, c. 214, s. 1.
2A:14-3. 1 year; libel or slander
Every action at
law for libel or slander shall be commenced within 1 year next after the
publication of the alleged libel or slander.
Section:
2A:14-21: Disabilities affecting limitation; action on behalf of minor.
2A:14-21.
If a person entitled to commence an action or proceeding specified in N.J.S.2A:14-1
to 2A:14-8 or N.J.S.2A:14-16 to 2A:14-20 or to a right or title of entry under
N.J.S.2A:14-6 is under the age of 18 years or a person who has a mental
disability that prevents the person from understanding his legal rights or
commencing a legal action at the time the cause of action or right or title
accrues, the person may commence the action or make the entry, within the time
as limited by those statutes, after reaching majority or having the mental
capacity to pursue the person's lawful rights. Notwithstanding the provisions
of this section to the contrary, an action by or on behalf of a minor that has
accrued for medical malpractice for injuries sustained at birth shall be
commenced prior to the minor's 13th birthday, as provided in N.J.S.2A:14-2.
