NJ Professional Negligence: Your Legal Rights & What You Need to Know

When you seek help from a professional—whether it’s a doctor, lawyer, accountant, or financial advisor—you expect a certain level of expertise and care. But what happens when that trust is broken due to negligence? In New Jersey, professionals are legally required to meet specific standards of care. When they fail to do so, it can result in financial losses, personal injury, or other damages.

If you believe you have been harmed due to professional negligence, understanding your legal rights is crucial. In this guide, we’ll explain what constitutes professional negligence, how to prove it, and the legal options available to New Jersey residents.

What Is Professional Negligence?

Professional negligence, also known as professional malpractice, occurs when a licensed professional fails to meet the standard of care expected in their industry, resulting in harm to a client or patient. Unlike general negligence, professional negligence applies specifically to industries that require certification, licensing, or specialized training.

Examples of professionals who can be held accountable for negligence include:

• Medical professionals (doctors, nurses, pharmacists)
• Lawyers
• Accountants
• Architects
• Engineers
• Real estate agents
• Financial advisors

What Is the Duty of Care?

The duty of care is the legal obligation professionals have to provide services at a level expected within their field. This standard varies by profession but generally requires professionals to act as reasonably competent individuals in their industry under similar circumstances. Failure to meet this duty may result in professional negligence claims.

New Jersey law requires that plaintiffs provide an Affidavit of Merit (N.J.S.A. 2A:53A-27) from a qualified expert in the same field as the defendant, stating that there is a reasonable basis for the claim. This prevents frivolous lawsuits and ensures that only valid claims move forward.

How Do You Prove Professional Negligence?

To prove professional negligence in New Jersey, four key elements must be established:

• Duty of Care – The professional had a legal obligation to provide competent services.
• Breach of Duty – The professional failed to meet the required standard of care.
• Causation – The breach directly resulted in harm or damages.
• Damages – The client suffered financial loss, physical injury, or other forms of harm due to the negligence.

The statute of limitations varies depending on the type of professional negligence claim:

• Medical malpractice: 2 years from the date of injury or discovery (N.J.S.A. 2A:14-2).
• Legal malpractice: 6 years from the date of the negligent act (N.J.S.A. 2A:14-1).
• Accounting malpractice: 6 years from the date of the wrongful act (N.J.S.A. 2A:14-1).

Exceptions apply under the discovery rule, which allows victims to file after the standard deadline if they could not have reasonably discovered the negligence earlier.

Common Examples of Professional Negligence in New Jersey

Medical Malpractice

A New Jersey surgeon leaves a foreign object inside a patient after surgery, leading to severe complications. The patient may have grounds for a medical malpractice lawsuit under N.J.S.A. 2A:14-2, which provides a two-year statute of limitations for medical negligence claims.

Legal Malpractice

A lawyer misses a critical filing deadline in a personal injury case, causing their client to lose the opportunity to sue. Under New Jersey Rule of Professional Conduct 1.1, attorneys are required to provide competent representation.

Accounting Malpractice

An accountant provides incorrect tax advice, resulting in a client owing thousands in penalties. Under New Jersey law, accountants must adhere to generally accepted accounting principles (GAAP), and failure to do so can lead to liability.

Steps to Take If You Are a Victim of Professional Negligence

If you believe you’ve suffered due to professional negligence in New Jersey, take the following steps:

• Document Everything – Keep records of contracts, communications, and any evidence of negligence.
  
• Seek a Second Opinion – If dealing with medical, legal, or financial negligence, consult another professional to evaluate your claim.
  
• Obtain an Expert Opinion – In New Jersey, an Affidavit of Merit is required for professional negligence lawsuits.
  
• Contact a Lawyer – A skilled New Jersey professional negligence attorney can assess your case and advise you on the next steps.

How a Professional Negligence Attorney Can Help

• Case Evaluation: This involves Determining if you have a valid claim.
• Gathering Evidence: Working with industry experts to strengthen your case.
• Negotiating Settlements: Seeking compensation before trial.
• Litigation: Representing you in court if necessary.

A New Jersey professional negligence lawyer ensures you get the compensation you deserve. If you believe you have a claim, don’t wait. The statute of limitations could prevent you from taking action.

At Rosengard Law Group, we offer a free case evaluation to help you understand your legal options. Call us today to discuss your case with an experienced New Jersey professional negligence lawyer.