NJ Laws Directions to Ken Vercammen and Associates Ken Vercammens Resume Ken Vercammen articles

Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs

2053 Woodbridge Ave.
Edison NJ 08817
732-572-0500
1-800-655-2977

Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
68 South Main St.
Cranbury, NJ 08512
By Appointment Only
Toll Free 800-655-2977


Civil Model Jury Charge 2.34 MITIGATION OF ECONOMIC DAMAGES

Civil Model Jury Charge2.34MITIGATION OF ECONOMIC DAMAGES - FRONT PAY

[Plaintiff] also seeks to recover earnings that will be lost in the future.He/she has a right to be compensated for any earnings which you find will probably be lost and proximately caused by the injuries brought about by defendants alleged wrongdoing.[1]This type of damages is called front pay.

Front pay projects and measures the ongoing economic harm, continuing after the final day of trial, which may be experienced by a plaintiff who has been wrongfully discharged in violation of anti-discrimination laws.[2]

A plaintiff has the burden to prove all of his/her damages claims by a preponderance of the evidence and that burden extends to front pay.Here, [Plaintiff] must prove, by a preponderance of the evidence, (1) what s/he would have earned had s/he not suffered the wrong allegedly committed by [Defendant], (2) how long s/he would have continued to receive those earnings, and (3) a reasonable likelihood that s/he will not be able to earn that amount in the future, such as through alternative employment.[3]

As to the first element, what [Plaintiff] would have earned had s/he not suffered the wrong allegedly committed by [Defendant], [Plaintiff] has the burden to prove, by a preponderance of the evidence, his/her gross income and the probable loss of future earnings.[4]In deciding what [Plaintiffs] future losses are, the law does not require of you mathematical exactness.The law requires that you must use sound judgment based on reasonable probability.[5]Any award of front pay, therefore, cannot be based upon speculation.[6]

As to the second element, how long s/he would have continued to receive those earnings, you cannot automatically presume that [Plaintiff] would have worked for [Defendant] for the remainder of his/her life if the alleged discrimination [or other improper conduct] had not occurred, unless there are facts or circumstances to warrant such a presumption.On the other hand, it is equally illogical to presume that [Plaintiff], absent alleged discrimination [or other improper conduct], would not have continued to work for [Defendant] for some period of time after the date of trial, unless there are facts or circumstances to warrant such a presumption.[7]

As to the third element, a reasonable likelihood that s/he will not be able to earn that amount in the future, [Plaintiff] has the burden of proving that the damages s/he claims were caused by [Defendants] alleged unlawful discrimination [or other wrongful conduct] are either permanent or will last for a reasonably determinable time.You must take into consideration whether the position with [Defendant] would have ended for an unrelated reason or [Plaintiff] would have left the company on his/her own accord in the absence of discrimination [or other wrongful conduct] or [Plaintiff] could earn more in the future, through more diligent effort, than the earnings that s/he projects.[8]

As part of discharging its burden to prove [Plaintiffs] failure to mitigate his/her damages leading up to the time of trial, [Defendant] must present credible evidence which leads you to believe that it is more likely than not that [Plaintiff] failed to mitigate or minimize his/her damages. [Defendant] may establish this by proving that it is more likely than not that (1) [Plaintiff] failed to make reasonable efforts to secure comparable employment, and (2) other employment opportunities were available that were comparable to the position [Plaintiff] (lost/was denied).[9]If you determine that [Defendant] has proven that [Plaintiff] failed to undertake reasonable measures to mitigate her alleged back pay damages and that there were comparable employment opportunities available to [Plaintiff], then you should reduce the front pay damages by the amount that you find that [Plaintiff] would have earned if plaintiff had used reasonable measures to obtain the available replacement employment.[10]

Because the future is uncertain and unknown, neither party must prove that [Plaintiff] will or will not definitively mitigate his/her lost wages in the future.[11][Defendant] does not have the burden to prove the unknown, where the unknown largely turns upon [Plaintiffs] own post-trial decisions and matters substantially within his/her own volition and control.[12]You must, therefore, use your sound judgment to assess all of the evidence to determine the likelihood of such mitigation throughout the future period of time during which [Plaintiff] seeks to recover lost income.

If you decide from the evidence that it is reasonably probable that [Plaintiff] will lose income in the future, because [either] he/she has not been able to return to work, [or] he/she has not been able to keep the same job, [or] he/she will be able to work for a shorter period of time only, then you should include an amount to compensate for those lost earnings.In deciding how much your verdict should be to cover future lost earnings, think about those facts discussed regarding past earning losses, including the nature, extent and duration of injury.Consider [Plaintiffs] age today, the level of [Plaintiff]s former job with [Defendant], the level of compensation that [Plaintiff] earned from [Defendant], [Plaintiff]s general state of health before his/her employment with [Defendant] ended, how long you reasonably expect the loss of income to continue, and how much [Plaintiff] can earn in any available job that he/she physically will be able to work.Obviously, the older the plaintiff is, the higher level the plaintiffs job was, and the more the plaintiff earned, the longer it is likely to take the plaintiff to find comparable replacement employment.However, the time period covering [Plaintiffs] future lost earnings cannot go beyond that point when it was expected that he/she would stop working because of retirement, had he/she not been injured.[13]

If you decide from the evidence that [Plaintiff]s employment with [Defendant] would have ended at some point in the future for reasons other than [Defendant]s unlawful conduct, you should limit any award for future economic losses to the date on which you find that [Plaintiff] would have stopped working for [Defendant].Similarly, if you find that by using reasonably diligent measures, [Plaintiff] should have been able to find another job or that [Plaintiff] should have been able to find a job earlier than s/he did or that [Plaintiff] should have been able to find a higher-paying job than the one s/he found, you should reduce any award for future economic losses by the amount that you find that plaintiff would have earned if she had used reasonably diligent measures to find comparable replacement employment.

Consider the probabilities of increases in earnings resulting from raises for productivity or promotion and [Plaintiffs] life expectancy and work life expectancy.Any figures you have heard on life expectancy and work life expectancy are only statistical averages.They are not fixed rules; they are general estimates.Use them with caution.Use your sound judgment in taking them into account.[14]

A proper assessment of front pay requires sensitivity to the competing interests of [Plaintiff], on the one hand, in being made whole and [Defendant], on the other hand, in being spared the duty to subsidize a prospective windfall.[15]However, if you are addressing damages, that means that you have found that [Defendant] violated the law.In that regard, any uncertainties regarding the amount of damages should be resolved against [Defendant] as the wrongdoing party.[16]


[1]Coll v. Sherry, 29N.J. 166, 175 (1959)

[2]Donelson v. DuPont Chambers Works, 206N.J. 243, 251 n. 9 (2011);Quinlan v. Curtiss-

Wright Corp., 425N.J.Super. 335, 350 (App. Div. 2012).

[3]Quinlan v. Curtiss-Wright Corp., 425N.J. Super. 335, 364 (App. Div. 2012).

[4]Caldwell v. Haynes, 136N.J. 422, 436 (1994).

[5]By analogy to future income loss in a wrongful death case,see Tenore v. NuCar Carriers, Inc., 67 N.J.466, 494 -495 (1975).See alsoFriedman v. C. S. Car Service, 108N.J. 72, 78-79 (1987).

[6]Pomerantz Paper Corp. v. New Cmty. Corp., 207N.J.344, 375 (2011);Lane v. Oil Delivery, Inc., 216N.J. Super. 413, 420 (App.Div.1987); see also Model Jury Charge (Civil) 1.12(O), Damages (1998) (Damages may not be based on conjecture or speculation).

[7]Quinlan v. Curtiss-Wright Corp., 425N.J .Super. 335, 352 (App. Div. 2012).

[8]Quinlan v. Curtiss-Wright Corp., 425N.J. Super. 335 (App. Div. 2012)

[9]Goodman v. London Metals Exchange, Inc., 86N.J. 19, 41 (1981);Wade v. Kessler Inst., 343N.J. Super. 338, 355 (App. Div. 2001); see also Model Civil Jury Charge (Civil) 2.33, Mitigation of Economic Damages Back Pay (2013).

[10]Quinlan v. Curtiss-Wright Corp.,425N.J. Super. 335, 369 (App. Div. 2012).

[11]Quinlan v. Curtiss-Wright Corp.,425N.J. Super. 335, 369 (App. Div. 2012).

[12]Quinlan v. Curtiss-Wright Corp.,425N.J. Super. 335, 362 (App. Div. 2012).

[13]The collateral source rule (see cases under Model Civil Charge 8.11A applies to loss of earnings as well as to medical and hospital expenses.Plaintiff may recover damages for loss of earnings although having been paid wages or their equivalent by employer pursuant to sick or annual leave benefits or retirement on half salary under a pension contract.Rusk v. Jeffries, 110N.J.L. 307, 311 (E. & A. 1933).P.L. 1987,c. 326 eliminates the collateral source rule as to causes of action arising on or after December 18, 1987.Deduction of benefits, less premiums, is done by the court, not the jury.See alsoN.J.S.A. 59:9-2(3) for similar effect of New Jersey Tort Claims Act.

[14]This concept should be charged if there is appropriate evidence received on the subject.See Charge 8.11G regarding life expectancy.

[15]Quinlan v. Curtiss-Wright Corp., 425N.J. Super. 335, 353 (App. Div. 2012).

[16]V.A.L. Floors, Inc. v. Westminster Communities, Inc., 355N.J. Super. 416, 427 (App. Div. 2002).

   
FOR POTENTIAL CLIENTS TO CONTACT US DURING NON-BUSINESS HOURS, PLEASE FILL OUT THE FORM.
Name:
Cell Phone:
E-Mail Address


If You Do Not Include a Complete E-Mail Address, Network will not Forward Your Contact Form to the Law Office.

Details of the Case
Agree
By typing " agree" into the box you are confirming that you wish to send your information to the Law Office of Kenneth Vercammen

kenv
Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

New Article of the Week

Meet with an experienced Attorney to handle your important legal needs.
Please call the office to schedule a confidential "in Office" consultation.
Attorneys are not permitted to provide legal advice by email.

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 dont 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 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 DONT 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 appeared 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, US Supreme Court and Federal District Court.

Contact the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
for an appointment.

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.

.Ken Vercammen articles

Ken Vercammens Resume
Directions to Ken Vercammen and Associates




Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised or guaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on information at this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies with the New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entity unless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader, inclusion of a link should not be construed as an endorsement.

Copyright 2018. Kenneth Vercammen & Associates, P.C.