if an attorney is retained in New Jersey in a civil case and at last minute decides to withdraw after everything was filed and the statute of limitations has run out due to the plaintiff not being able to travel to New Jersey due to orthopedic surgery and cancer surgery forthcoming what can a plaintiff do to keep the case ongoing? I live in Florida
4 Answers from Attorneys
hire a new lawyer
If your attorney filed the complaint prior to the tolling of the the statute of limitations it will not have run. If you call my office I will review your case and either take over or refer you to a new attorney. Best regards Keith A. Singer, Attorney At Law 732-749-3700
Hire new attorney and read
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.
Thank you for your inquiry. If everything was filed in a timely manner, and the Statute of Limitations only expired due to a failure to pursue the claim secondary to your disability (with an inability to perform the required tasks to continue the action), then you may be able to make an application through the Court to re-open your matter (if in fact it has been dismissed at this point). I welcome your call to further discuss this matter. (973)635-5400