When a careless driver, property owner, or business leaves you hurt, our Toms River personal injury lawyer at The Law Offices of Peter N. Davis & Associates, LLC is here to hold them responsible. A serious injury affects more than your body, since it can upend your work schedule, your finances, and your plans for the months ahead.
The insurance company is often working on your claim before you have even left the emergency room. Within days, an adjuster may ask for a recorded statement or offer a quick check that looks generous until the next round of bills shows up.
Waiting can quietly weaken your case. Surveillance footage gets erased, witnesses forget details, and the clock on New Jersey’s filing deadlines never stops.
Our office at 1400 Hooper Avenue brings experienced injury representation to the heart of Ocean County. For more than three decades, our firm has stood up to insurers on behalf of injured people across New Jersey.
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Do you have a potential personal injury claim in Toms River?
If your injury happened because someone else was careless, you may be entitled to compensation. To win your case, we need to show four things under New Jersey law:
- Duty of care: The person or business responsible had a legal obligation to act safely. Drivers on Route 37, store owners along Hooper Avenue, landlords, and contractors all owe this duty to the people around them.
- Breach of duty: They failed to meet that obligation. Texting behind the wheel, leaving a spill on a supermarket floor, or ignoring a broken railing are typical examples.
- Causation: Their mistake directly caused your injury. Medical records, scene photos, police reports, and expert opinions help us draw that line.
- Damages: You suffered real losses as a result. These include medical bills, lost income, and the pain and disruption the injury has brought to your life.
Expect the insurance company to argue that you share the blame. Under N.J.S.A. 2A:15-5.1, New Jersey’s comparative negligence law, you can still recover as long as your share of fault is not greater than the other party’s, though your award is reduced by your percentage.
Hypothetical scenario: A driver heading east on Route 37 toward the barrier island bridges on a summer Saturday was sideswiped by a car that drifted into her lane. The other driver’s insurer argued she had changed lanes without signaling, but her dashcam video showed she had stayed in her lane the entire time.
Even if a jury decided she was 20% at fault, for example for driving slightly over the speed limit, she could still collect 80% of her damages. That is why we push back hard on every attempt to shift fault onto our clients.
Damages you can recover
What your claim is worth depends on how serious your injuries are and how they have changed your daily life. New Jersey generally allows three types of damages:
- Economic damages: Any loss with a dollar figure attached, such as emergency care, hospital stays, surgery, physical therapy, prescriptions, and lost paychecks. If your injury affects your ability to work long term, this can also include future medical costs and lost earning capacity.
- Non-economic damages: Compensation for the human cost of an injury, including pain, emotional distress, sleepless nights, and lost enjoyment of life. In car accident cases, drivers with the “limitation on lawsuit” option on their auto policy generally must show a permanent or serious injury listed in N.J.S.A. 39:6A-8 to recover these damages.
- Punitive damages: These are reserved for rare cases where the defendant acted with actual malice or wanton and willful disregard for others. N.J.S.A. 2A:15-5.14 generally caps them at five times compensatory damages or $350,000, whichever is greater.
Every case is different, but our past recoveries show what persistent advocacy can achieve. Here are a few results our firm has secured for injured clients:
- $800,000: Auto accident.
- $700,000: Leg injury.
- $450,000: Herniated disc with surgery.
Prior results cannot promise the same outcome in your case. What they do show is that we do not settle cheaply when the evidence points to a higher value.
How to get in touch with our Toms River personal injury lawyer
Reaching our team is easy, and we are available around the clock:
- Telephone: Call (973) 279-7246 at any hour, including weekends and holidays.
- Online form: Fill out the free case review form below, and a member of our team will follow up with you.
- In person: Visit our Toms River office at 1400 Hooper Avenue, Toms River, New Jersey 08753.
A conversation with us costs nothing, so schedule your free consultation today.
Types of cases we handle
As personal injury lawyers in Toms River, NJ, we handle everything from rear-end collisions on Hooper Avenue to serious crashes on the Garden State Parkway. Every case type comes with its own rules and evidence, so we tailor our approach to the facts of your accident:
- Back & spinal cord injuries
- Bike accidents
- Brain injury
- Car accidents
- Dog bites
- Motorcycle accidents
- Pedestrian accidents
- Rideshare accidents
- Slip and fall
- Soft tissue injuries
- Truck accidents
- Workers’ comp
- Wrongful death
Back & spinal cord injuries
Spine injuries range from herniated discs that make it hard to stand or sleep to spinal cord damage that permanently limits movement. Treatment often involves injections, surgery, and long stretches of rehabilitation.
Insurers frequently argue that your back problems existed before the accident. Our back and spinal cord injury lawyers work closely with your doctors to show what changed after the crash, and our guide on how pre-existing injuries affect New Jersey injury claims explains why an earlier condition does not end your case.
Bike accidents
From the streets near downtown Toms River to the roads leading out to the barrier island, cyclists share space with heavy seasonal traffic. A driver who passes too close or turns without looking can leave a rider with broken bones, road rash, or a head injury.
New Jersey’s Safe Passing Law requires drivers to change lanes when it is safe to do so, or leave at least four feet of space when passing a cyclist. Our bike accident lawyers use this law, along with witness statements and video evidence, to prove the driver was at fault.
Brain injury
A brain injury is not always obvious in the moments after an accident. Headaches, memory gaps, mood changes, and trouble focusing can surface days later, even if you never lost consciousness.
These symptoms can affect your ability to work and enjoy family life for years. Our brain injury lawyers work with medical specialists to document the full long-term cost of your injury, from ongoing care to lost earning potential.
Car accidents
Car accidents are the most common cases we handle, and New Jersey’s no-fault system often catches drivers off guard. Your own Personal Injury Protection (PIP) coverage pays your initial medical bills regardless of fault, but your right to sue for pain and suffering depends on the lawsuit option you chose on your policy.
Our car accident lawyers review every available policy, from the at-fault driver’s liability coverage to your own underinsured motorist protection. For a step-by-step look at the claims process, see our guide on how a car accident lawsuit works in New Jersey.
Dog bites
New Jersey’s dog bite statute, N.J.S.A. 4:19-16, holds owners responsible for bite injuries even if their dog never showed signs of aggression. The law protects victims who were in a public place, such as a park or sidewalk, or lawfully on private property.
Dog attacks can cause deep puncture wounds, infections, nerve damage, and permanent scarring, especially in children. Our dog bite lawyers pursue compensation from the owner, typically through a homeowner’s or renter’s insurance policy.
Motorcycle accidents
Warm-weather months bring plenty of riders onto Ocean County roads, and many drivers simply fail to see them. Under N.J.S.A. 39:6A-2, motorcycles are generally not treated as automobiles for PIP purposes, so riders usually cannot rely on no-fault benefits after a crash.
Instead, riders often turn to health insurance or optional medical payments coverage for early treatment. Our motorcycle accident lawyers go after the negligent driver for medical expenses, lost wages, and pain and suffering, and we push back when insurers unfairly blame the rider.
Pedestrian accidents
Pedestrians in Toms River face real risks along busy commercial stretches like Route 37 and Hooper Avenue, where people cross between shopping plazas, bus stops, Ocean County College, and the Ocean County Mall. Preliminary New Jersey State Police data shows that 7 of the 31 people killed in Ocean County traffic crashes in 2026, through October 1, were pedestrians.
If a driver hit you in a crosswalk, a parking lot, or along the shoulder of the road, our pedestrian accident lawyers work to prove who was responsible. We also help you access PIP benefits so your medical care is covered while your claim moves forward.
Rideshare accidents
During the summer season, Uber and Lyft drivers carry a steady stream of visitors between Toms River, the Seaside Heights boardwalk, and nearby shore towns. If a rideshare driver causes a crash, the available coverage depends on whether the app was off, on and waiting for a request, or in use for an active trip.
Our rideshare accident lawyers determine which insurance applies and deal directly with the rideshare company’s carrier. Passengers, other motorists, cyclists, and pedestrians can all bring these claims.
Slip and fall
Property owners in New Jersey have a legal duty to keep their premises reasonably safe. Wet floors, uneven pavement, broken steps, poor lighting, and icy walkways are common causes of falls at shopping centers, restaurants, rental properties, and parking lots.
Owners and their insurers often deny responsibility, arguing that the hazard was obvious or that they had no chance to fix it. Our slip and fall lawyers gather incident reports, maintenance logs, and surveillance footage to show the owner knew, or should have known, about the danger.
Soft tissue injuries
Sprains, strains, whiplash, and torn ligaments are some of the most common injuries after a car crash or fall. Because they do not show up on X-rays, insurance companies often try to dismiss them.
These injuries can cause lasting pain and stiffness that make everyday tasks difficult. Our soft tissue injury lawyers use detailed medical records and treatment histories to show how much your injury has really affected your life.
Truck accidents
Delivery vans, box trucks, and tractor-trailers travel Route 9, Route 37, and the Garden State Parkway to keep Ocean County’s stores, warehouses, and construction sites supplied. When a truck collides with a passenger vehicle, the difference in size often leads to devastating injuries.
Truck crash claims can involve the driver, the trucking company, the cargo loader, and the maintenance provider. Our truck accident lawyers act quickly to preserve electronic logging data, driver records, and inspection reports that federal regulations require carriers to keep.
Workers’ comp
Many people in Toms River work in healthcare, retail, construction, and seasonal hospitality jobs, where workplace injuries are common. New Jersey workers’ compensation covers medical treatment and part of your lost wages no matter who was at fault.
While you generally cannot sue your employer, a third party such as a property owner, subcontractor, or equipment manufacturer may also share responsibility. Our workers’ compensation lawyers manage your claim, challenge denials, and explore any third-party case that could add to your recovery.
Wrongful death
Losing a loved one in a preventable accident is devastating, and the financial strain can make that loss even harder to bear. New Jersey’s Wrongful Death Act allows the personal representative of the estate to seek compensation for lost income, lost household services, and funeral and burial costs.
A related survival action can also pursue damages for the pain your loved one experienced before passing. Our wrongful death lawyers handle the legal process with compassion so your family can focus on supporting each other.
No matter how your injury happened, request your free case review and we will walk you through your options.
How our Toms River personal injury law firm can help
When you hire us, we take on the burdens that make recovery harder:
- Recovering lost wages: We document your missed income with pay stubs and employer records, and we account for any impact on your future earnings.
- Help with medical bills: We coordinate PIP, health insurance, and other coverage so your providers get paid and the collection notices stop.
- Property damage: We seek payment to repair or replace your vehicle and any belongings damaged in the accident.
- Emotional recovery: We make sure the anxiety, fear, and mental toll of a serious injury are reflected in your claim.
- Finding every policy: Under New Jersey law, insurers must disclose policy limits within 30 days of a qualifying written request from an attorney, which shows us early how much coverage is available.
- Holding your own insurer accountable: The New Jersey Insurance Fair Conduct Act allows you to sue your own auto insurer for unreasonably delaying or denying an uninsured or underinsured motorist claim.
- Resolving liens: We negotiate medical liens and reimbursement claims down, so more of your settlement stays with you.
Important initial advice after being injured
What you do in the first few weeks after an accident can affect both your health and your claim. Keep these steps in mind:
- Follow your treatment plan: Whether you were first seen in the emergency department at Community Medical Center or by your own doctor, keep every appointment. Gaps in care give insurers an opening to argue that your injuries are not serious.
- Get a copy of the police report: The Toms River Police Department responds to crashes on local roads in the township, while the New Jersey State Police typically handle crashes on the Garden State Parkway. You can request State Police reports through the New Jersey State Police crash report portal, or our team can obtain any report for you.
- Stay off social media: Insurers look for posts and photos they can use to downplay your injuries. Avoid posting about your accident, your recovery, or your activities until your case is resolved.
- Do not accept the first offer: Early offers usually come before the full cost of your injuries is known. Once you sign a release, you typically lose the right to ask for more.
- Be careful what you say to insurers: Decline to give a recorded statement to the other driver’s insurance company. Even casual remarks like “I’m fine” can be twisted to undercut your claim.
- Keep a recovery journal: Write down your pain levels, missed events, and daily struggles. These notes help us show the real impact of your injury beyond what appears in your medical records.
- Get in touch with our personal injury attorney in Toms River: We can take over communication with insurers and start preserving evidence right away.
Evidence fades fast, so reach out to our Toms River team today.
Your deadline for filing a claim
In most cases, New Jersey gives you two years from the date of injury to file a personal injury lawsuit under N.J.S.A. 2A:14-2. Some claims follow different timelines, and a few require action within just 90 days:
| Type of claim | Deadline | New Jersey law |
|---|---|---|
| Most personal injury claims | 2 years from the injury | N.J.S.A. 2A:14-2 |
| Wrongful death | 2 years from the date of death | N.J.S.A. 2A:31-3 |
| Claims against a public entity, such as Toms River Township, Ocean County, a state agency, or NJ Transit | Notice of claim within 90 days; lawsuit generally within 2 years | N.J.S.A. 59:8-8 |
| Workers’ compensation | 2 years from the accident or the last compensation payment | N.J.S.A. 34:15-51 |
| Injured minors | Generally 2 years after the 18th birthday | N.J.S.A. 2A:14-21 |
Hypothetical scenario: A cyclist was thrown from his bike after hitting a deep pothole on a county-maintained road in Toms River, and he waited four months before contacting a lawyer. Because the road belonged to a public entity, he had already missed the 90-day notice deadline under the New Jersey Tort Claims Act and would need to convince a judge that extraordinary circumstances justified filing late.
We track every deadline that applies to your case from the moment you call us. That way, a missed date never stands between you and the compensation you deserve.
Gathering evidence relating to your case
Strong evidence makes it much harder for an insurance company to deny or undervalue your claim. Because some proof disappears quickly, we begin gathering it as soon as you hire us:
- Police documentation: Crash and incident reports include the officer’s observations, diagrams, statements, and any tickets issued.
- Medical records: ER notes, imaging results, and follow-up treatment records link your injuries directly to the accident.
- Eyewitness statements: Witnesses, passengers, and other drivers can support your account before their memories fade.
- Photo and video evidence: Pictures of the scene, your injuries, and vehicle damage help tell the story. Footage from businesses, dashcams, and home security cameras can be valuable, but it is often recorded over within days.
- Financial records: Pay stubs, tax returns, receipts, and repair estimates document what the injury has cost you.
Tracking down evidence should not be your job while you recover. We handle every detail, from sending preservation letters to requesting medical records, so nothing important gets lost.
What can I expect to pay?
You will not pay anything upfront to hire our firm. We work on a contingency fee basis, so you owe us nothing unless we win.
Our fee is a percentage of your settlement or verdict, and New Jersey Court Rule 1:21-7 caps what personal injury attorneys can charge. The limit is 33 1/3% of the first $750,000 recovered, with lower percentages applying to larger amounts.
Your written fee agreement explains the percentage and how case costs are handled before you sign. You will know exactly what to expect from day one.
There is nothing to pay unless we win, so book your free consultation today.
Our process for handling your case
No two claims are identical, but most move through the same stages from your first call to your final check:
- Free case review: We listen to your story and explain your legal options at no cost.
- Investigation: We gather reports, records, photos, and witness statements. We also send letters demanding that the other side preserve key evidence.
- Insurance communications: We notify every insurance company that we represent you. From then on, adjusters must contact us instead of you.
- Coverage review: We request policy limits and track down every available source of insurance. That includes any uninsured or underinsured motorist coverage under your own policy.
- Medical treatment: You focus on getting better while we keep track of your bills and records. The full value of a case usually becomes clear once treatment is complete and your doctors provide final reports.
- Settlement demand: We prepare a detailed demand package that lays out who is liable and the full extent of your losses.
- Negotiation: We push back on low offers and blame-shifting using the evidence we have built.
- Filing a lawsuit: If the insurer refuses to pay fairly, we file suit in the Superior Court of New Jersey before your deadline. For accidents in Toms River, that is typically in Ocean County.
- Discovery: Both sides exchange documents, answer written questions, and take sworn testimony from witnesses in depositions.
- Arbitration or mediation: Many New Jersey injury cases go through court-ordered, non-binding arbitration or mediation before trial. A large number of cases settle at this point.
- Trial: If a fair settlement is still not on the table, we present your case to a jury.
- Resolution: Once your case concludes, we pay any valid liens and costs and send you your share of the recovery.
Why choose us over other Toms River personal injury attorneys?
Before founding our firm, Peter N. Davis worked in private practice at a firm specializing in insurance defense. That experience gave him an insider’s view of how insurers evaluate and fight claims, and he puts it to work for our clients.
Insurance companies know we are ready and willing to take a case to trial. That reputation often leads to better offers, sooner.
We answer calls 24/7, and every client receives personal attention from a team that treats their case as a priority. Our clients have left more than 800 Google reviews, with an average rating of 4.9 stars.
The Law Offices of Peter N. Davis & Associates, LLC: your personal injury lawyer in Toms River
Attorney Peter N. Davis earned his Juris Doctor from Golden Gate University School of Law and his business administration degree from the University of Vermont. He is licensed in New Jersey, New York, and Colorado, and he is a Certified Contract Advisor with the National Football League Players Association.
You can also find our firm on these legal directories and review sites:
- Google: The Law Offices of Peter N. Davis & Associates, LLC in Toms River on Google
- Martindale: Attorney Peter Neil Davis on Martindale
Over the years, we have represented more than 18,000 injured clients. As Peter puts it:
“When you are on the side of right and you’re helping people, it feels good to me. And I’m a lawyer who likes to help people.”
We also believe in giving back, and we are proud to support these teams and programs across New Jersey and New York:
- Seton Hall Athletics: We recently completed our first season as a proud partner of Seton Hall Athletics, cheering on a Pirates program built on teamwork, discipline, and resilience.
- New Jersey Devils: As a proud partner of the New Jersey Devils, we join hockey fans from the Jersey Shore to North Jersey in supporting the team at the Prudential Center in Newark.
- Brooklyn Cyclones: Through our partnership with the Brooklyn Cyclones, our team hosts booths at games throughout the season at Maimonides Park. It is a chance to meet fans, connect with families, and share some free swag.
- Bucket City Basketball: We donated team shirts to this AAU youth basketball program in Garfield, and Peter delivered them in person at a team workout.
- Rise Above Scholarship: This scholarship helps students who have overcome adversity pursue a college education. Our most recent winner is attending Rutgers University.
Learn more about our firm or see the latest case results and community updates in our press releases.
Speak to a personal injury attorney in Toms River today!
Recovering from an injury is hard enough without battling an insurance company at the same time. Let us take on that fight while you focus on getting better.
Our Toms River office serves injured people throughout Ocean County, including Brick, Lakewood, Jackson, Berkeley Township, Manchester, and Seaside Heights. If it is more convenient, you can also meet with us at our Princeton or Elizabeth offices.
Call us 24/7 at (973) 279-7246 or contact us online for your free case review.
FAQs
I live out of state and was hurt while visiting the Jersey Shore. Can your firm still help?
Yes, visitors are injured in and around Toms River every summer, and an accident that happens in New Jersey can generally be pursued here even if you live elsewhere. Your own auto policy and home state can affect which coverage applies, and we can handle much of the case by phone, email, and video call.
Where would my Toms River personal injury lawsuit be filed?
Lawsuits from accidents in Toms River are usually filed in the Law Division of the Superior Court in Ocean County, which sits at the Ocean County Courthouse in Toms River. The right venue can also depend on where the parties live, and our attorneys handle every court filing for you.
Can a bar or restaurant be held responsible if a drunk driver hit me?
Possibly, under New Jersey’s Licensed Alcoholic Beverage Server Fair Liability Act, N.J.S.A. 2A:22A-1 et seq. A licensed establishment may be liable if it negligently served a visibly intoxicated person who then caused your crash, so we look into where the driver was drinking.
Will my case have to go to court?
Most personal injury cases settle without a trial. Insurance companies know we are prepared to go to court, and that willingness is often what leads them to a fair settlement.
What happens during my free case review?
We listen to what happened, ask about your injuries and treatment, and explain your options in plain terms. Bring any photos, medical paperwork, insurance details, or police report number you have, but do not worry if something is missing, since we can request most records for you.
