Traumatic Brain Injury Lawyer in New Jersey

New Jersey adds a specific hurdle to brain injury claims arising from motor vehicle accidents, and it is the first thing to resolve.

If your auto policy elected the limitation on lawsuit (verbal) threshold under N.J.S.A. 39:6A-8(a), you may recover for pain and suffering only if the injury falls within one of the statutory categories — for a brain injury, typically a permanent injury within a reasonable degree of medical probability, meaning a body part or organ that has not healed to function normally and will not with further treatment. That determination must be supported by a physician's certification, served within 60 days of the answer, based on objective clinical evidence. Pull your declarations page and confirm which option you selected before anything else is decided.

The proof of the injury itself follows the same pattern as elsewhere, and matters more here because of the certification requirement:

• Neuropsychological testing measuring memory, attention, processing speed and executive function
• Advanced imaging where clinically indicated
• Consistent treatment records from neurology, neuropsychology and rehabilitation medicine
• Before-and-after evidence from employment and school records and from people who knew the person previously

The rest of the framework:

• Two years to sue (N.J.S.A. 2A:14-2), and 90 days for a Tort Claims Act notice (N.J.S.A. 59:8-8) where a public entity is involved.
• PIP covers medical treatment regardless of fault, and the carrier's reimbursement interest is resolved at the end.
• Modified comparative negligence — no recovery above 50% fault (N.J.S.A. 2A:15-5.1).
• Most injury matters pass through R. 4:21A arbitration before a trial date is assigned.

General information, not legal advice.

Nothing upfront. New Jersey injury attorneys work on contingency, capped by Rule 1:21-7:

• 33⅓% of the first $1,000,000 recovered
• 30% of the next $1,000,000
• 25% of the next $1,000,000
• 20% of the next $1,000,000
• Above $4,000,000, a reasonable fee approved by the court on application
• 25% where the client is a minor or an incapacitated person and the matter settles without trial

The fee applies to the net recovery after case expenses, and in a brain injury case those are substantial: neuropsychological evaluation, neurology and physiatry reports, the physician's certification, life care planning, vocational and economic experts, transcripts, arbitration and filing fees. Confirm in the retainer who bears them if the case does not recover.

Reimbursement to PIP, health insurance, Medicare or Medicaid follows. Where the injury affects capacity, a special needs trust should be considered before the settlement is finalized, and any settlement for a minor or incapacitated person requires a friendly hearing before a Superior Court judge. Our consultation and referral cost nothing.

Because the verbal threshold, the 60-day certification, the 90-day Tort Claims notice and the 51% bar all operate at once, and each has ended cases that were medically strong.

• Free consultation; the referral costs you nothing.
• Available 24/7 at (800) 669-0060.
• English, Spanish, and Russian.
• Over 30 years matching injured people with attorneys across New Jersey and New York.
• Local case experience across New Jersey counties.
• Continued involvement after the introduction.

Attorneys in Michael Brook's network raise the same first question at every New Jersey brain injury intake: which tort option is on the policy? The answer decides whether the case is about damages or about clearing a threshold, and everything after that follows from it.

Disclaimer: Michael Brook Attorney Referral is not a law firm and provides no legal representation or legal advice. This is general information and does not replace advice from a licensed attorney about your specific situation. No result is guaranteed.