| If a child
is seriously injured in a car accident, fall down, dog bite or other
case arising out of the negligence of another, a Complaint must be
filed in the Superior Court. If someone is injured, they should consult
a personal injury attorney immediately. If Kenneth Vercammen's Law
office accepts a Personal Injury case, we must complete the investigation.
This will involve the collection of information from your physician,
your Family, and our investigator. We will need your doctors to provide
us with copies of all bills, medical records and a mandatory medical
report.
Financial Recovery for minors injured- Kenneth Vercammen Helps
Injured persons A person who is injured as a result of the negligence
of another person is what we in the legal profession refer to as
a personal injury claimant. In other words, they have been injured
as a result of an accident, and now wish to prosecute a claim against
an opposing party. When we feel that we have sufficient information
to form an opinion as to the financial extent of your damages, we
will commence negotiations with the opposition for a settlement.
If the insurance company will not make an adequate offer, then a
Complaint and Case Information Statement is prepared by your attorney.
It is filed in the Superior Court, Law Division. Your attorney then
will prepare a Summons and have the defendants personally served
with the Summons and Complaint. The defendant, through their insurance
company, must file an "Answer" within 35 days. Usually,
one of the parents is appointed as the Guardian Ad Litem on behalf
of the minor child. In our Complaint, we include the following language
that has been approved by the court in many of our prior personal
injury cases:
GUARDIAN AD LITEM CERTIFICATE
I, __________________________, hereby certify as follows:
1. The plaintiff, **, is an infant of the age of nine years.
2. ** is the Father of the infant plaintiff.
3. ** does not have any interest in this action, contrary to the
interest of the said infant plaintiff. 4. The said ** has consented
to act as Guardian ad Litem of the said ** in this action.
5. I certify that the foregoing statements made by me are true.
I am aware that if any of the foregoing statements made by me are
willfully false, I am subject to punishment.
Dated: ____________________________ If the case is settled prior
to trial, the Court must hold a "Friendly hearing." Kenneth
Vercammen's Legal fee will be reduced from 33% to 25% if he is able
to settle the case prior to trial.
The plaintiff's attorney will prepare the following: 1. Order
Approving Minor's Settlement 2. Doctor's Certification 3. Release
4. Settlement Statement 5. Child support/ Charles Jones search form
6. Correspondence to Court and defendants' attorneys
The following are the Court Rules requiring a family member to
act on behalf of the minor: 4:26-2. Minor or Mentally Incapacitated
Person
(a) Representation by Guardian. Except as otherwise provided by
law or R. 4:26-3 (virtual representation), a minor or mentally incapacitated
person shall be represented in an action by the guardian of either
the person or the property, appointed in this State, or if no such
guardian has been appointed or a conflict of interest exists between
guardian and ward or for other good cause, by a guardian ad litem
appointed by the court in accordance with paragraph (b) of this
rule. (b) Appointment of Guardian Ad Litem.
(1) Appointment of Parent in Negligence Actions. In negligence
actions, unless the court otherwise directs, a parent of a minor
or mentally incapacitated person shall be deemed to be appointed
guardian ad litem of the child without court order upon the filing
of a pleading or certificate signed by an attorney stating the parental
relationship, the child's status and, if a minor, the age, the parent's
consent to act as guardian ad litem and the absence of a conflict
of interest between parent and child.
(2) Appointment on Petition. The court may appoint a guardian ad
litem for a minor or an alleged mentally incapacitated person, upon
the verified petition of a friend on his or her behalf. In an action
in which the fiduciary seeks to have the account settled or has
a personal interest in the matter, the petition shall state whether
or not the guardian ad litem therein nominated was proposed by the
fiduciary or the fiduciary's attorney. Each petition shall be accompanied
by the sworn consent of the proposed guardian ad litem, stating
his or her relationship to the minor or alleged mentally incapacitated
person and certifying that he or she has no interest in the litigation,
or if such interest exists, setting forth the nature thereof, and
that he or she will with undivided fidelity perform the duties of
guardian ad litem, if appointed. The court shall appoint the guardian
ad litem so proposed unless it finds good cause for not doing so,
in which case it shall afford the petitioner opportunity to file
a new petition seeking the appointment of another person within
10 days of the rejection. If such new petition is not filed within
such time, or if filed, is not granted, the court, when designating
some other person as guardian ad litem, shall state for the record
its reasons for rejecting petitioner's nominee. A conflict of interest
between the petitioner and the minor or alleged mentally incapacitated
person shall be good cause for rejection of the petitioner's nominee.
Only one guardian ad litem shall be appointed for all minors or
alleged mentally incapacitated persons unless a conflict of interest
exists.
(3) Appointment on Party's Motion. On motion by a party to the
action, the court may appoint a guardian ad litem for a minor or
alleged mentally incapacitated person if no petition has been filed
and either default has been entered by the clerk or, in a summary
action brought pursuant to R. 4:67 or in a probate action, 10 days
have elapsed after service of the order. Notice of the motion shall
be served at least 10 days before the return date fixed therein
upon the appropriate persons designated in R. 4:4-4(a)(1)(2)(3)
or (c) either personally, at the time of service of process or thereafter,
or by registered or certified mail, return receipt requested. The
court on ex parte motion may, in lieu thereof, fix such notice of
the motion, given to such persons in such manner as it deems appropriate.
(4) Appointment on Court's Motion. The court may appoint a guardian
ad litem for a minor or alleged mentally incapacitated person on
its own motion. 4:44-1. Venue; Filing
Actions brought in the Superior Court on behalf of a minor or
mentally incapacitated person, instituted without process, for the
purpose of obtaining the court's approval of a settlement shall
be brought in any county in which the venue might be laid under
R. 4:3-2, and in such actions in the Superior Court, the papers
shall, unless the court otherwise orders, be filed with the deputy
clerk of the Superior Court in the county of venue before the hearing
on the application for approval.
4:44-2. Medical Testimony at the Friendly hearing is required
Medical testimony as to the injuries of a minor or mentally incapacitated
person given in proceedings to obtain the approval of a settlement
shall be that of the attending or consulting physician and may be
submitted by affidavit unless the court, for good cause shown, permits
the testimony of other medical experts or in its discretion requires
the physician's personal appearance.
The following is a portion of a form Kenneth Vercammen's Law office
successfully used in a car accident leg fracture case:
KENNETH A. VERCAMMEN 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500
Attorney for Plaintiff
_________ , Guardian ad Litem for _________ Plaintiff
vs.
_________ Defendants SUPERIOR COURT OF NEW JERSEY LAW DIVISION:
MIDDLESEX COUNTY
DOCKET NO. MID-L-_________ Civil Action ORDER APPROVING MINOR'S
SETTLEMENTS
STATE OF NEW JERSEY: SS: COUNTY OF ___________________: I, _________,
being duly sworn says: 1. I am a permanent resident of this State
and a physician licensed to practice medicine in the State of New
Jersey. I am and have been in the actual practice of medicine since
__________, which includes my residency training. I graduated from
_______________________ and have been licensed in New Jersey for
______ years. 2. I am not a relative either through blood or marriage
of the plaintiff. 3. I treated the plaintiff for injuries arising
out of an accident on _________ 4. The diagnosis from my records
is: _________ 5. The injury has healed well. 6. The plaintiff has
been released and is no longer treating. 7. There is no prognosis
of permanent injury. 8. A copy of my bill is attached listing the
dates I performed services. The bill was submitted to insurance
and I have been paid.
I certify that the foregoing statements made by me are true. I
am aware that if any of the foregoing statements made by me are
willfully false, I am subject to punishment.
____________________________ Sworn and subscribed to before me
this day of ,
_____________________________ notary
Letter to Doctor March 11, 2004
Dr. ___________
Re: Name of injured person/ plaintiff: ___________ Name of defendant:
___________ Date of Accident: M___________ Docket No.: ___________
Friendly hearing Affidavit needed.
Dear ___________ :
Please be advised that I represent ___________ , who was your
patient. Pursuant to the Rules of Court, I must obtain the Affidavit
of the physician verifying that the minor is finished with treatment.
I hereby request that you execute the enclosed Affidavit. Please
sign same and have your signature notarized.
Please further be advised that I am under Court deadline to submit
your Affidavit to the court.
Please contact my office to confirm that you will be able to execute
the enclosed Affidavit.
Very truly yours,
KENNETH A. VERCAMMEN KAV/ Enclosure:
4:443. Friendly Hearing; Order; Expenses All proceedings to
enter a judgment to consummate a settlement in matters involving
minors and mentally incapacitated persons shall be heard by the
court without a jury. The court shall determine whether the settlement
is fair and reasonable as to its amount and terms. In the case of
a structured settlement providing for deferral of all or part of
the proceeds thereof, the court shall also satisfy itself, based
on the financial security of the obligor or surety and such other
relevant facts as may be adduced, of the reasonable certainty that
all future payments will be made as proposed by the settlement.
If the court approves the settlement it shall enter an order reciting
the action taken and directing the appropriate judgment in accordance
with R. 4:48A, whose provisions shall also apply to deferred payments
under structured settlements. The court, on the request of the claimant
or the claimant's attorney or on its own motion, may approve the
expenses incident to the litigation, including attorney's fees.
If the fees of the attorney representing the guardian ad litem are
to be paid by the defendant, the defendant shall upon the court's
request make available to it defendant's complete file in the action.
Form letter to court to schedule friendly:
Superior Court of New Jersey Law Division PO Box 2633 New Brunswick,
NJ 08903 ATTN. Civil Assignment Re: ________ Docket No. MID - L
________ Request for Friendly
Dear Civil: I am the attorney for the plaintiff in the above matter.
I spoke with _______ on March 4 regarding scheduling a Friendly
Hearing. Please schedule a Friendly Hearing for ________ We are
settling for the Policy limits, minus the cost of travel and air
fair from ________
Very truly yours,
KENNETH VERCAMMEN
KAV/
Form of Order submitted to the Court. The Court will make changes
to the form of Order:
KENNETH VERCAMMEN & ASSOCIATES, PC 2053 Woodbridge Ave. Edison,
NJ 08817 732-572-0500 Attorney for Plaintiff
____________ , Guardian ad Litem for ____________ Plaintiff
vs.
____________, Defendants SUPERIOR COURT OF NEW JERSEY LAW DIVISION:
MIDDLESEX COUNTY
DOCKET NO. MID-L-____________ Civil Action ORDER APPROVING MINOR'S
SETTLEMENTS
This matter having been presented to Court by Kenneth A. Vercammen,
Esq., attorney for the plaintiffs, and _______, Esq. attorney for
defendants _____________ and ____________ Esq. for defendant ____________,
and the Court having read the medical affidavit of ____________,
observed the photos of scars on the infant, and having heard testimony
regarding the injury and medical treatment, and having heard testimony
of the plaintiff's father, ____________, and the Court being satisfied
that the consent judgment is proper and appropriate; It is on this
_______ day of _____________________, ORDERED that judgment be entered
in favor of ____________, an infant, by his Guardian and Litem,
____________, in the amount of $4,000, against defendant ____________,
and further ORDERED that judgment be entered in favor of ____________,
an infant, by his Guardian and Litem, ____________, in the amount
of $96,000 , against defendant, __________.
Disbursements in the following amounts: SUPERIOR COURT OF NEW
JERSEY- $200
all to be deducted from the infant's portion of the judgment and
paid to the Law Office of Kenneth A. Vercammen, Esq., Attorney for
Plaintiff, is hereby approved. payment of $__________ shall be delivered
to the Law Office of Kenneth A. Vercammen by ___________________
IT IS FURTHER ORDERED that the funds shall be deposited with the
Middlesex County Surrogate to be held in that account until ____________
turns the age of eighteen (18) or further ordered by this court.
___________________________ , J.S.C If you have a personal injury,
call KENNETH A. VERCAMMEN, ESQ. 732-572-0500 for a confidential
in-office appointment
About Kenneth Vercammen:
Kenneth Vercammen is a Litigation Attorney in Edison, NJ, approximately
17 miles north of Princeton. He often lectures for the New Jersey
State Bar Association on personal injury, criminal / municipal court
law and drunk driving. He has published 125 articles in national
and New Jersey publications on municipal court and litigation topics.
He has served as a Special Acting Prosecutor in seven different
cities and towns in New Jersey and also successfully defended hundreds
of individuals facing Municipal Court and Criminal Court charges.
In his private practice, he 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 several
times each week on many personal injury matters, Municipal Court
trials, arbitrations and contested administrative law hearings.
Since 1985, his primary concentration has been on litigation matters.
Mr. Vercammen gained other legal experiences as the Confidential
Law Clerk to the Court of Appeals of Maryland (Supreme Court), with
the Delaware County, PA District Attorney Office handling Probable
Cause Hearings, Middlesex County Probation Dept as a Probation Officer,
and an Executive Assistant to Scranton District Magistrate Thomas
Hart in Scranton, PA.
|
