NJ Laws Email Newsletter E285

Kenneth Vercammen, Attorney at Law

October 22, 2008

In This Issue
_______________
1. GOT KIDS? Estate Planning is Recommended

2. $1.7M Award for Head Injury from 1995 Crash

3. $486K Jury Award for Permanent Back and Leg Pain

4. $2.4M Settlement in Fall from Faulty Railing

5. In Driving While Suspended / DWS, Uncounseled Prior Plea Cannot Enhance Jail. State v. Thomas 401 NJ Super. 180 (Law Div. 2007)

6. South Brunswick Boys Soccer #1

7. If You Are Hurt In An Accident, We Can Help

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Greetings Kenneth Vercammen,

1. GOT KIDS? ESTATE PLANNING IS RECOMMENDED

If you have minor children and do not have a will, one author wrote you are doing them a great disservice bordering on child neglect. If you do not name a guardian for your minor children think of the worst relative you have and thats who will get the kids. Makes you shudder, doesnt it?

Weve finished the graduation season and kids have started college. Do you have a recent high school grad? Is your son or daughter over 18 and heading off to college? Did you remember that your child is now an adult and your control over them is limited? For example, if your daughter becomes ill while at school and is admitted to the hospital or student health center, you are NOT legally entitled to know about it-or about her condition; even if you are paying for everything.

So, heres the plan. Have your college son or daughter prepare a HIPAA authorization form. This allows your child to name the parents as the persons to discuss health care matters with medical personnel. Without it, you cannot legally learn anything. Its something that most parents never think about.

It may also be prudent for your child to execute the basic documents listed above, including the Durable Power or Attorney and Advance Directives. Once a child turns 18, your legal connection is irrevocably changed.

REAL ESTATE

Do you own real estate? How is it titled? Is it a survivorship deed? Have you considered a transfer on death deed? Some states permit those and they work very well. Do you have a second home? Is it outside your home state? What are the laws in that state regarding the inheritance of property? Schedule an appointment with your attorney.

2. $1.7M AWARD FOR HEAD INJURY FROM 1995 CRASH

Armed with a New Jersey Supreme Court decision loosening a six-year statute of limitations, a 32-year-old woman has been awarded $1.7 million by an arbitration panel for her injuries in a car crash when she was 18. In 1995, Jennifer Lake was the passenger in a car that went off a road in Pittsgrove and struck one tree, then another. She received extensive treatment for head injuries during 10 days in the hospital, and for the next several years continued to have physical and emotional problems. An initial claim against the driver was settled within his policy limits of $100,000, but afterward when an underinsured motorist claim was filed with New Jersey Manufacturers Insurance Co., it was turned down because there was a "failure to toll the statute of limitations." A legal malpractice case was brought against Lakes first law firm, but in 2005 the Supreme Court decided Price v. New Jersey Manufacturers,which allowed an equitable tolling of the statute of limitations. Lake v. New Jersey Manufacturers thenwent to an arbitration panel consisting of Robert G. Harbeson, George A. Prutting and Maury K. Cutler, which awarded the $1.7 million.

Source: NJ Lawyer Daily Briefing 10-7-08

3. $486K JURY AWARD FOR PERMANENT BACK AND LEG PAIN

A driver whose nervous system was permanently damaged by a rear-end crash, resulting in eight months of lost wages and a struggle with chronic back and right-leg pain, was awarded $486,000 by a Cumberland County jury in Saduk v. Huckleberry. Superior Court Judge Michael Brooke Fisher reduced the award to $450,000 because Joanne Saduk already had received some wage disability payments through her employment-based insurance. Saduk was waiting to turn left on a Port Elizabeth street in 2004 when James Huckleberry struck her from behind, blowing out the back window of her car and leaving her unconscious. Tests eventually revealed that her nerve damage was permanent and could only be controlled by medication.

Source: NJ Lawyer Daily Briefing 10-10-08
4. $2.4M SETTLEMENT IN FALL FROM FAULTY RAILING

A man injured after he leaned against a second-story railing that gave out has settled his personal injury suit in Middlesex County for $2.4 million. John Rojas was helping a friend move out of his Chester apartment in March 2006 when he fell, fracturing his elbow and femur. He now walks with a limp. The property owner, 76 Main Street LLC, will pay $1 million toward the settlement reached before Superior Court Judge Jessica R. Mayer. Cafaro Brothers, Inc., which installed the railing, will pay $500,000. Plus, $900,000 will be covered by AIG, which sold an excess-damages policy to 76 Main Street.

Source: NJ Lawyer Daily Briefing 10-14-08

5. IN DRIVING WHILE SUSPENDED / DWS, UNCOUNSELED PRIOR PLEA CANNOT ENHANCE JAIL. State v. Thomas 401 NJ Super. 180 (Law Div. 2007)

No defendant may be sentenced to an increased period of incarceration for any offense on the basis of a prior un-counseled conviction.

Source: 192 N.J.L.J. 574.

6. SOUTH BRUNSWICK BOYS SOCCER #1

The Vikings clinched their 3rd Straight Red Division Title With a Win Against Edison. This is the first time in school history the boys soccer program has won any championship 3 years in a row. Congratulations gentleman on this great accomplishment. South Brunswick is seeded #1 in the Middlesex County Soccer Tournament. Brendan V is forward on the varsity team.

7. IF YOU ARE HURT IN AN ACCIDENT, WE CAN HELP

If you are hurt in a car, slip and fall or other type of accident, please call us. We are dedicated to providing the highest quality of legal representation to accident victims. We represent accident victims only - Not insurance companies. We Will fight for your rights and try to resolve your claim as fast as possible, with the goal being to obtain the maximum compensation for you. We offer a free, no-obligation consultation.

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Editors Note and Disclaimer:

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

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Edison, NJ 08817

(Phone) 732-572-0500

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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 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, US Supreme Court and Federal District Court.

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