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Guide · Hiring a lawyer · New Jersey

Your first injury lawyer consultation in New Jersey

Updated By Spencer, editorEvery fact cites a source

Bring your insurance papers, medical records and bills, proof of missed work, and what the insurers sent. Ask who will handle your case and what it costs. In New Jersey, the fee agreement must be in writing and signed by you both, and the lawyer must first offer a fee based on the work's reasonable value. Checked October 11, 2026.

Sources: R. 1:21-7(b), (g); RPC 1.5(c)
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What do you want to know?

Pick a question. It shows why it matters, the New Jersey rule behind it, and how to ask.

What it will cost meAsk every firm
What it is
The contingent fee, and who pays case costs.
Why it matters
The fee is figured on what's left after case costs come out.
The rule
In an injury case, a contingent fee is capped at 33⅓% of the first $750,000 recovered, and less above that.
How to ask it

What's your percentage, and who pays the case costs if we lose?

Source: R. 1:21-7(c), (d); R. 1:21-7(c)
Whether I can pay another wayThe lawyer must offer it
What it is
A fee based on the reasonable value of the work.
Why it matters
You get to choose before you sign a contingent fee agreement.
The rule
A lawyer may not enter a contingent fee arrangement without first offering a fee based on the reasonable value of the services.
How to ask it

Can you explain the other way to pay, and how it would compare?

Source: R. 1:21-7(b), (g); RPC 1.5(c)
What I'm signingRead it first
What it is
The written contingent fee agreement.
Why it matters
It sets the percentage and how expenses come out.
The rule
It must be in writing, signed by you and the lawyer, and you get a signed copy. It must say whether expenses come out before or after the fee.
How to ask it

Can I take the agreement home and read it before I sign?

Source: R. 1:21-7(b), (g); RPC 1.5(c)
Who will handle my caseAsk every firm
What it is
The lawyer and staff who would work on it.
Why it matters
The firm signs you, but a person runs your case.
The rule
The New Jersey Supreme Court certifies attorneys in civil trial law through its Board on Attorney Certification.
How to ask it

Who handles my case day to day? Is anyone on it certified in civil trial law?

Source: New Jersey Supreme Court Board on Attorney Certification
How much time I haveAsk at the first call
What it is
Your filing deadline.
Why it matters
Some claims have a much shorter notice deadline.
The rule
An injury lawsuit generally must be filed within 2 years. A claim against a public entity needs written notice within 90 days.
How to ask it

When is my deadline, and is any deadline sooner?

Source: N.J.S.A. 2A:14-2(a); N.J.S.A. 59:8-8; N.J.S.A. 59:8-9
What happens at the endAsk before you sign
What it is
The closing statement.
Why it matters
It shows what came out of the recovery and what's left for you.
The rule
When a case ends with a recovery, the lawyer must give you a signed closing statement.
How to ask it

Will you walk me through the closing statement before the money is paid out?

Source: R. 1:21-7(b), (g); RPC 1.5(c)

What to bring

Bring what you have. A firm can tell you what else it needs.

  1. Your auto insurance papersThe declarations page and your coverage selection form. They show your PIP amounts and whether you chose the lawsuit limit, which is in writing.Source: N.J.S.A. 39:6A-4; N.J.S.A. 39:6A-8.1(a)
  2. Medical records and billsEvery visit, test and bill, and what PIP has paid.Source: N.J.S.A. 39:6A-4; N.J.S.A. 39:6A-4.3; N.J.S.A. 39:6A-5(g)
  3. Proof of missed workPay stubs and a note of the days you missed. A standard policy's PIP pays some lost income.Source: N.J.S.A. 39:6A-4(b), (c), (e); N.J.S.A. 39:6A-4.3(b); N.J.S.A. 39:6A-10; New Jersey Department of Banking and Insurance, Auto Insurance New Jersey Buyer's Guide
  4. Everything the insurers sentLetters, emails, claim numbers, and any offer or release.
  5. What you know about the crashThe police report number, photos, and names of witnesses.

The fee agreement, in plain words

In a New Jersey injury case, the fee agreement must be in writing and signed by you and the lawyer. You get a signed copy.

NJHow the fee is figured

The agreement must state the method and the percentages for settlement, trial or appeal.

Source: R. 1:21-7(b), (g); RPC 1.5(c)
NJWhen expenses come out

It must say whether expenses come out before or after the fee is figured. The fee cap applies to what's left after costs.

Source: R. 1:21-7(b), (g); RPC 1.5(c); R. 1:21-7(c), (d); R. 1:21-7(c)
NJAnother way to pay

Before a contingent fee, the lawyer must offer a fee based on the reasonable value of the work.

Source: R. 1:21-7(b), (g); RPC 1.5(c)
NJA statement at the end

When the case ends with a recovery, you get a signed closing statement.

Source: R. 1:21-7(b), (g); RPC 1.5(c)

Before you sign

  • Don'tSign with a firm that promises you a dollar amount. New Jersey's model jury charge says the law gives no table or formula for pain and suffering.
  • Don'tAccept a fee above the court rule's cap, or one figured before costs come out.
  • Don'tSign without a written agreement, and a signed copy for you.
  • Don'tSign before you know who will work on your case.
  • DoTake the agreement home and compare it with another firm's.
Source: Model Civil Jury Charge 8.11E (revised May 2017); R. 1:21-7(c), (d); R. 1:21-7(c); R. 1:21-7(b), (g); RPC 1.5(c)

Sources

General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.

What to do next

Questions people ask

What should I bring to a personal injury consultation?

Your auto insurance declarations page, medical records and bills, proof of missed work, and everything the insurers sent, including any offer or release.

What questions should I ask a personal injury lawyer?

Who will handle your case day to day, what the fee is and whether it's figured after costs, who pays costs if you lose, and when your deadline is.

Does a contingency fee agreement have to be in writing in New Jersey?

Yes. In an injury case, the agreement must be in writing, signed by the lawyer and the client, and the client gets a signed copy.

Do I have to agree to a contingency fee in New Jersey?

No. Before a contingent fee arrangement, a New Jersey lawyer must offer you a fee based on the reasonable value of the services.

What is a closing statement from a lawyer?

When a New Jersey case ends with a recovery, the lawyer must give the client a signed closing statement of the outcome.

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