New Jersey Medical Malpractice Fees and Civil Damage Act Introduced

Senate Bill 3343, introduced in the New Jersey State Senate on December 1, 2022, would limit attorney contingent fee arrangements in certain medical malpractice cases to the following: 25% if settled before a civil complaint or demand for arbitration is filed and 33% if settled, arbitrated, or adjudged after a civil complaint or demand for arbitration is filed. If an action is tried or arbitrated, the plaintiff would be permitted to file a motion for a contingency fee over these percentages. Currently, New Jersey does not have a limit to the amount that can be recovered for noneconomic loss. This Bill would establish a $250,000 cap for actions not involving wrongful death and $500,000 for actions involving wrongful death. The Bill would provide for annual increases to these limitations.

For more information, contact:
John D. Fanburg, Chair | 973.403.3107 | jfanburg@bracheichler.com
Edward Hilzenrath | 973.403.3114 | ehilzenrath@bracheichler.com
Vanessa Coleman | 973.364.5208 | vcoleman@bracheichler.com