Kenneth Vercammen is a Middlesex County Trial Attorney who has published 130 articles in national and New Jersey publications on Criminal Law, Probate, Estate and litigation topics.

He was awarded the NJ State State Bar Municipal Court Practitioner of the Year.

He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters.

To schedule a confidential consultation, call us or New clients email us evenings and weekends via contact box www.njlaws.com.

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500

Monday, December 27, 2010

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

more info at http://kennethvercammen.com/CAR_INSURANCE_LIMITATION_ON_LAWSUIT_OPTION.html