AVERY & AVERY
Attorneys at Law · Ridgefield, NJ · Est. 1976
(201) 943-2445 DIRECT LINE · BY APPT.
As recognized by
SUPER
LAWYERS2024
Independent peer-recognition program (Thomson Reuters)
3d Cir.Reported
Third Circuit reported case — Delvoye v. Lee, 329 F.3d 330 (3d Cir. 2003)
AVVO10 yrs
AVVO “Top Attorney” rating — sustained 10+ years

Vol. L · No. I FOL. LArticles

Avery & Avery, Esqs. Ridgefield, NJ Robert W. Avery, Esq.

What a NJ Personal Injury Attorney Should Do for You

RW·A

By Robert W. Avery, Esq.

Founding Partner · Former Mun. Ct. Judge

By Robert W. Avery, Esq.

A NJ personal-injury attorney’s job is more than “submit a claim and wait.” The plaintiff-side workflow involves PIP coordination within days of the injury, treatment-physician selection that generates clean diagnostic and permanency evidence, lien-resolution across multiple potential subrogors, demand-package authoring built around the verbal-threshold standard, mediation preparation, and trial readiness when negotiation fails. This post walks through the complete service.

Plaintiff-side PI workflow walkthrough. Not legal advice. Free consultation: (201) 943-2445.

Day-One Intake

The plaintiff-side intake covers:

  • Incident reconstruction — what happened, where, when, who was involved
  • Treatment status — emergency room, follow-up, scheduled appointments
  • Insurance posture — auto policy coverage, health insurance, employer disability
  • Liability narrative — who is at fault, can it be proven
  • Witness identification — names, contact, statements
  • Documentary preservation — photographs, dashcam, surveillance, cell-phone evidence

The first 30 days set the case up; mistakes in the first 30 days are hard to reverse later.

PIP Coordination

NJ PIP under N.J.S.A. 39:6A-4 pays for:

  • Medical bills (subject to deductible and co-pay)
  • Lost wages
  • Essential services
  • Funeral expenses (in death cases)

PIP is the plaintiff’s own carrier — not the at-fault driver’s. The plaintiff-side attorney coordinates PIP submission, dispute resolution under PIP arbitration, and lien-coordination for subrogation.

Treatment-Physician Network

Plaintiffs need treating physicians who:

  • Document objective findings (MRI, EMG, range-of-motion)
  • Provide permanency certifications meeting the N.J.S.A. 39:6A-8(a) standard
  • Communicate with the plaintiff’s lawyer on prognosis
  • Are willing to testify if required

The attorney coordinates with the physician network to ensure appropriate referrals.

Demand Package

The demand to the at-fault driver’s bodily-injury carrier includes:

  • Liability narrative with supporting evidence
  • Medical summary with all bills and reports
  • Permanency certification under 39:6A-8(a)
  • Lost wages with employer documentation
  • Future medical prognosis
  • Pain-and-suffering valuation with comparable case reference points

A well-built demand package signals the case quality and supports realistic carrier negotiation.

Lien Resolution

Multiple potential lien-holders:

  • PIP carrier — subrogation under N.J.S.A. 39:6A-9.1
  • Health insurer under federal MSP (Medicare/Medicaid) and ERISA-plan rules
  • Workers’ Compensation under N.J.S.A. 34:15-40 in third-party-recovery cases
  • NJ Charity Care in some hospital-care matters

The lien-resolution process can claim 25-50% of a gross recovery without careful negotiation.

Mediation and Arbitration

Most NJ matters resolve through:

  • R. 4:21A non-binding arbitration for matters under $150K
  • Court-ordered mediation for complex matters
  • Private mediation with retired-judge mediators for major cases

The attorney prepares the mediation packet, attends the mediation, and negotiates within client authority.

Trial Preparation

When mediation fails, trial preparation:

  • Discovery: depositions of every witness, expert exchange, document production
  • Expert engagement: treating-physician fact witnesses, reconstruction expert, life-care planner where appropriate
  • Voir dire script
  • Opening, examination outlines, closing
  • Exhibits and demonstratives

NJ civil trials are jury trials in the Law Division. The attorney’s trial readiness is the leverage that supports negotiation.

Frequently Asked Questions

How are NJ personal-injury attorneys paid?

Contingency fee — typically one-third of the gross recovery, adjusted by court rule for very large recoveries. R. 1:21-7 schedules.

How long does a NJ PI case take?

Typical timeframe is 12-24 months from filing through resolution. Complex matters longer.

What’s the statute of limitations?

Two years for most NJ tort claims under N.J.S.A. 2A:14-2. Special rules apply to Tort Claims Act matters (governmental defendants — 90-day notice + 2-year filing).

Can I switch attorneys mid-case?

Yes. Successor counsel handles the transition. The discharged attorney typically asserts a quantum-meruit lien on any ultimate recovery.

Free Consultation

For NJ personal-injury matters: