CAR INSURANCE LIMITATION ON LAWSUIT OPTION THE BAD SELECTION

CAR INSURANCE LIMITATION ON LAWSUIT OPTION THE BAD SELECTION

Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Don't give up!Our Law Office can provide experienced attorney representation if you are injured.
In order to recover damages mostly in a car Personal Injury case, the plaintiff must prove by a preponderance of the evidence that he/she sustained injuries which fit into one or more of the following categories:

1. Death;
2. Dismemberment;
3. Significant disfigurement or significant scarring;
4. Displaced fracture;
5. Loss of a fetus;
6.A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.

If the injuries caused by the accident do not come within one of these categories, the jury verdict must be for the defendant. If the injuries caused by the accident do come within one of these categories, the verdict must be for the plaintiff.

B. Permanent Injury (Type 6) In this case, the plaintiff alleges that he/she suffered a permanent injury as a result of the motor vehicle accident. An injury shall be considered permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment.

C. Serious Activity Impact In addition to proving an injury and permanency, the plaintiff must also prove that the injury has had a serious impact on their life. This means that the plaintiff must prove that the injury has seriously affected one or more activities, which were a significant and important component of the plaintiff's way of life. In other words, the injury must be such that the plaintiff is no longer able to attend to [his] [her] regular routine activities, whatever they may be. [He] [She] must be deprived of the physical ability to engage in a social or recreational activity, which had previously been important to their way of life.

D. Sample Interrogatories to Jurors (Limitation on Lawsuit Option)

(Category 4) Has the plaintiff sustained a displaced fracture as a result of this accident?

___ Yes ___ No

(Category 5) Has the plaintiff sustained the loss of a fetus as a result of this accident?

___ Yes ___ No

(Category 6) Has the plaintiff sustained a permanent injury as a result of this accident?

___ Yes ___ No

(Damages) What amount of money will fairly and reasonably compensate plaintiff for pain and suffering, disability and impairment, and loss of enjoyment of life due to injuries proven to be proximately caused by this accident?

$______________________

[1] See N.J.S.A. 39:6A-8a. Though not numbered in the statute, the Limitation on Lawsuit Option within the Automobile Insurance Cost Reduction Act of 1998 (L.1998, c. 21 and c. 22), the categories are: (1) death; (2) dismemberment; (3) significant disfigurement or significant scarring; (4) displaced fractures; (5) loss of a fetus; (6) a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. The effective date of this provision of AICRA is March 22, 1999. Therefore, the Limitation on Lawsuit Option shall apply to individuals who are insured under automobile liability insurance policies issued after March 22, 1999 who seek compensatory damages for non-economic losses for injuries sustained in a motor vehicle collision which occurs after the AICRA policy was issued. By way of example, if an individual is involved in a motor vehicle collision on March 23, 1999 but is still covered under a policy issued before the effective date of the statute, he or she will be subject to the verbal threshold charge applicable to L.1988, c.119 effective January 1, 1989.

[3] See James v. Torres, 354 N.J. Super 586 (App. Div. 2002) cert. den. 175 NJ 547 (2003) which holds that the legislature intended to require that an injury be both permanent and serious to cross the amended verbal threshold.

Conclusion For clients who suffer an injury in a car accident such as a herniated disc, pinched nerve, or protrusion/slipped disc, we want to provide assistance and instructions. If you have questions or concerns regarding these instructions, we encourage you to feel free to contact the office at any time. CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 for an appointment




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Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large. While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that you case will receive the same degree of dedication and hard work that went into each of these prior cases.

In direct contrast to the hard-hitting approach we take toward the insurance companies is the “soft” approach we take toward our clients. I am proud of my compassionate staff as I am of the outstanding financial results they have achieved. For many years, I have watched them treat our clients with patience, dignity and respect. I would have it no other way.

Many years ago, I attended a seminar sponsored by the American Bar Association on Law Practice Management. This was to help insure that each of our clients is always treated like a person -- not a file! We recognize that you are innocent victims and that you have placed your trust in us. Please understand that we understand what you are going through. Feel comforted that we are here to help you.

If you retain KENNETH VERCAMMEN to represent you, we will give you the same advice we give each of our clients -- concentrate on your life, you family and your health. We will take care of everything else. Leave all of the work and worry about your legal rights to us. Trust us. Believe in us. Have faith in us as your attorneys. Understand that we will always to do what we believe is best for you and your case. Helping you is our job. In fact, it is our only job -- guiding injury victims like you through one of the most difficult times of your lives, with care and concern -- while fighting aggressively to the limits of the law to obtain compensation and justice for each of you!

Print our Personal Injury Questionnaire on our Website, Fill it out and Fax back, so we can determine if we can help you obtain an injury settlement. We would welcome an opportunity to prove to you what we have proven to thousands of injured clients -- that you can feel comfortable and secure in the fact that KENNETH VERCAMMEN - Trial Attorney We Fight To Win.

When you have been injured in an accident or collision, you are worried about who is going to pay your medical bills, lost wages, and other damages. The last thing you want is to be taken advantage of by an insurance company. If you don’t protect your rights, you may not be able to make a claim.

Insurance companies have attorneys and adjusters whose goal is to pay you as little as they can. You need a New Jersey personal injury lawyer to fight for you. I am dedicated to helping your recover as much money as possible under the law.

You need an attorney who will work hard to protect your rights, maximize your insurance settlement and minimize the hassles of dealing with the insurance companies. You need an experienced and aggressive New Jersey trial lawyer with PROVEN RESULTS who will fight for you. Having an experienced Oregon personal injury lawyer can make the difference between getting what you deserve and getting nothing.

Without the threat of a lawyer who is willing to go to trial and seek a big jury verdict, why would an insurance company pay you what your claim is really worth? Lawsuits can be expensive, and many people do not have the money to pursue their claim. In every case, I advance all costs associated with pursuing your case and I do not ask you for a penny until we recover from the other side.

I am an experienced aggressive trial lawyer and a 3rd degree Black Belt. I am not afraid to take your case to trial if that is what it takes to maximize the amount of money your recover for your personal injury. I offer one-on-one service, and I will not hand your case off to an inexperienced lawyer or a paralegal.

Reduce the stress of making a claim.

Personal injury accidents can turn your life upside down. Making a personal injury claim can be difficult and time consuming. Once I take your case, you can stop worrying about dealing with the insurance companies and focus on recovering from your injuries. I take care of all of the paperwork, phone calls, and negotiations, so you can get on with your life.

p.s. For those clients who are afraid or reluctant to go to Court, KENNETH VERCAMMEN also offers a special -- “For Settlement Only” -- program. This means that if we are unable to settle with the insurance company, we will not go any further -- unless you want us to. You have my personal assurance that there will be absolutely no pressure and no obligation.

We handle personal injury cases on a contingency fee basis.

This means:
YOU DON’T OWE ME A LEGAL FEE UNLESS I RECOVER MONEY FOR YOU.

Call our office to schedule a "confidential" appointment 732-572-0500

Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appears in Courts throughout New Jersey each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.

Admitted In NJ, NY, PA, US Supreme Court and Federal District Court.

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The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation.