In this issue:
1- Contesting Motor Vehicle Conviction MVC Suspensions [DMV Suspensions]
2- CAR INSURANCE- LIMITATION ON LAWSUIT OPTION- THE BAD SELECTION
3. The Word "Lawyer" in Foreign Languages
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1- Contesting Motor Vehicle Conviction MVC Suspensions [DMV Suspensions]
If a driver in New Jersey receives too many points after traffic violations or commits a moving violation while suspended, the Motor Vehicle Commission or "MVC" [formerly the Division of Motor Vehicles or "DMV"], will mail the driver a Scheduled Suspension Notice. The MVC/DMV notice will set forth the date the suspension is scheduled to start as well as the length of suspension. In addition, if you received a moving violation ticket while your drivers license was suspended, the MVC/DMV usually also schedules a suspension. If you receive a Scheduled Suspension Notice, it is important to immediately retain an experienced Criminal/Traffic Attorney to discuss possible ways to reduce the suspension.
A written request for hearing must be served on the MVC/DMV. If the written request for hearing is not received prior to the scheduled suspension, the MVC/DMV will automatically suspend your driver's license for the maximum period permitted.
Hearings are generally held in Trenton, Eatontown, Mahwah, and Deptford. Hiring an attorney to reduce license suspension often ranges in costs between $1,000.00-$1,500.00. There is no Public Defender or free attorney in MVC/DMV hearings. Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with driving while intoxicated, refusal and on driving while suspended.
After you retain an attorney, they will usually serve a written "Opposition to Suspension AND REQUEST FOR ALJ HEARING." Your attorney will request a hearing on any proposed suspensions or other administrative actions.
Demand will be made that the Motor Vehicle Commission/Division of Motor Vehicles provide your attorney with discovery pursuant to the New Jersey Administrative Code, NJAC 1:1-1 et seq. and NJAC 1:13-10. Your attorney’s letter needs to set forth legal issues and defenses he or she intends on raising at the hearing.
More information at our new article on our website: Contesting Motor Vehicle Conviction MVC Suspensions [DMV Suspensions]
http://www.njlaws.com/contesting_motor_vehicle_conviction_MVC_suspensions.htm
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2- CAR INSURANCE- LIMITATION ON LAWSUIT OPTION- THE BAD SELECTION
In order to recover damages in most car accident 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?
$______________________
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.
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.
More information on our new website article: CAR INSURANCE LIMITATION ON LAWSUIT OPTION- THE BAD SELECTION
http://www.njlaws.com/CAR_INSURANCE_LIMITATION_ON_LAWSUIT_OPTION.htm
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3. The Word "Lawyer" in Foreign Languages
Language Spelling
English lawyer
Afrikaans procureer
Bulgarian advokat
Czech pravnik
Danish advokat
Dutch avocaat
Farsi/Persian vakil
Finnish asianajaja
Flemish/Belgian advocat
French avocat
German rechtsanwalt
Greek dixnyoqos
Hungarian jogasz or ugyesz
Indonesian abugado
Italian avvocato (m)/avvocatessa (f)
Korean pyenho-sa
Norwegian jurist
Philippino abugado
Polish advokatas
Portuguese advogado
Romanian avocat
Russian jurist
Serbo-Croatian advokat
Spanish abogado
Swedish advokat
Turkish avukat
Ukrainian adokat
Vietnamese luat su
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Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
NEW PHONE 732-572-0500
New (Fax) 732-572-0030
website: www.njlaws.com
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