2C:52-2 Expungment of Indictable offenses in 5 years where defendant proves great character

2C:52-2  Expungment of Indictable offenses in 5 years where defendant proves great character ...........Notwithstanding the provisions of the preceding paragraph, a petition may be filed and presented, and the court may grant an expungement pursuant to this section, although less than 10 years has expired in accordance with the requirements of the preceding paragraph where the court finds:

(1)less than 10 years has expired from the satisfaction of a fine, but the 10-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or

(2)at least five years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; the person has not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant's character and conduct since conviction.

In determining whether compelling circumstances exist for the purposes of paragraph (1) of this subsection, a court may consider the amount of the fine or fines imposed, the person's age at the time of the offense, the person's financial condition and other relevant circumstances regarding the person's ability to pay.

Although subsequent convictions for no more than two disorderly or petty disorderly offenses shall not be an absolute bar to relief, the nature of those conviction or convictions and the circumstances surrounding them shall be considered by the court and may be a basis for denial of relief if they or either of them constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought.

b.Records of conviction pursuant to statutes repealed by this Code for the crimes of murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery, or a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting or concealing persons accused of the foregoing crimes, shall not be expunged.

Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement: N.J.S.2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in N.J.S.2C:11-5; N.J.S. 2C:13-1 (Kidnapping); section 1 of P.L.1993, c.291 (C.2C:13-6) (Luring  or Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking); N.J.S.2C:14-2 (Sexual Assault or Aggravated Sexual Assault); N.J.S.2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor, N.J.S.2C:14-3b (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, N.J.S.2C:13-2 (Criminal Restraint) or N.J.S.2C:13-3 (False Imprisonment); N.J.S.2C:15-1 (Robbery); N.J.S.2C:17-1 (Arson and Related Offenses); N.J.S.2C:24-4a. (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child); N.J.S.2C:24-4b(4) (Endangering the welfare of a child); N.J.S.2C:24-4b. (3) (Causing or permitting a child to engage in a prohibited sexual act); N.J.S.2C:24-4b.(5)(a) (Distributing, possessing with intent to distribute or using a file-sharing program to store items depicting the sexual exploitation or abuse of a child); N.J.S.2C:24-4b.(5)(b) (Possessing items depicting the sexual exploitation or abuse of a child); N.J.S.2C:28-1 (Perjury); N.J.S.2C:28-2 (False Swearing); N.J.S.2C:34-1b.(4) (Knowingly promoting the prostitution of the actor's child); section 2 of P.L.2002, c.26 (C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c.26 (C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices); and conspiracies or attempts to commit such crimes.

Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office, position or employment.

c.In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes involve:

(1)Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less;

(2)Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less; or

(3)Any controlled dangerous substance provided that the conviction is of the third or fourth degree, where the court finds that expungement is consistent with the public interest, giving due consideration to the nature of the offense and the petitioner's character and conduct since conviction.

d.In the case of a State licensed physician or podiatrist convicted of an offense involving drugs or alcohol or pursuant to section 14 or 15 of P.L.1989, c.300 (C.2C:21-20 or 2C:21-4.1), the court shall notify the State Board of Medical Examiners upon receipt of a petition for expungement of the conviction and records and information pertaining thereto.

Store, Mall, Business and Bar Liability for Criminal Attack Based on Inadequate Security

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. Our website njpersonalinjurylawcenter.com provides information on civil cases we can be retained to represent people.
Edited by Kenneth Vercammen
Many people are injured when attacked on a business property, when the property owner fails to provide adequate security. Injured persons may be able to recover damages plus payment of medical bills. The New Jersey Supreme Court in Kuzmicz v. Ivy Hill Park Apartments, 147 N.J. 510. (1997) recently reviewed liability for injuries suffered by people attacked. The duty of landowners for injuries that occur on their premises, the analysis no longer relies exclusively on the status of the injured party. Instead "[t]he issue is whether, in light of the actual relationship between the parties under all of the surrounding circumstances, the imposition of a duty on the landowner is fair and just." Brett v. Great Am. Recreation, 144 N.J. 479, 509 (1996) (quoting Hopkins v. Fox & Lazo Realtors, 132 N.J. 426, 438 (1993)). For off-premises liability, the issue is substantially the same. In both contexts, however, the analysis is fact-sensitive. Hopkins, supra, 132 N.J. at 439. Ultimately, the determination of the existence of a duty is a question of fairness and public policy. Snyder v. American Assn of Blood Banks, 144 N.J. 269, 292 (1996); Crawn v. Campo, 136 N.J. 494, 501 (1994); Dunphy v. Gregor, 136 N.J. 99, 108 (1994); Kelly v. Gwinnell, 96 N.J. 538, 544 (1984); Goldberg v. Housing Auth., 38 N.J. 578, 583 (1962). Foreseeability of injury to another is important, but not dispositive. Snyder, supra, 144 N.J. at 292; Carter Lincoln-Mercury v. EMOR Group, 135 N.J. 182, 194 (1994). Fairness, not foreseeability alone, is the test. Relevant to the determination of the fairness of the imposition of a duty on a landowner is the nature of the risk, the relationship of the parties, the opportunity to exercise care, and the effect on the public of the imposition of the duty. Dunphy, supra, 136 N.J. at 108; Hopkins, supra, 132 N.J. at 439; Goldberg, supra, 38 N.J. at 583.
Landlord liable to Tenant Consistent with that analysis, the Court has found a landlord liable to a tenant for damages resulting from a burglary when the landlord failed to replace a broken dead-bolt lock on the tenants apartment. See Braitman v. Overlook Terrace Corp., 68 N.J. 368 (1975). The apartment house was in an area where break-ins were common, and the landlord had assured the tenant that it would repair the lock. Id. at 371-73. Furthermore, a regulation of the Department of Community Affairs required the landlord to furnish a working lock. Id. at 383-84. In that context, the Court held, "[a] residential tenant can recover damages from his landlord upon proper proof that the latter unreasonably enhanced the risk of loss due to theft by failing to supply adequate locks to safeguard the tenants premises after suitable notice of the defect." Id. at 383. The Court likewise have imposed liability on a landlord who provides inadequate security for common areas of rental premises for the failure to prevent a criminal assault on a tenant. See Trentacost v. Brussel, 82 N.J. 214 (1980). In Trentacost, the apartment was in a high crime area. Id. at 218-19. Burglars and other unauthorized persons previously had broken into the building. Id. at 219. Contrary to an administrative regulation, the landlord had not installed a lock on the front entrance. Id. at 222. On those facts, the Court held that "[b]y failing to do anything to arrest or even reduce the risk of criminal harm to his tenants, the landlord effectively and unreasonably enhanced that risk." Ibid. The Court relied in part on the implied covenant of habitability in the lease and stated that "[t]he premises which the landlord must secure necessarily encompass the common areas of multiple dwellings." Id. at 228. In both Braitman and Trentacost, the criminal act resulting in the imposition of liability on the landlord occurred in the apartment house. Supermarket Liability Similarly, the Court has held that the owner of a supermarket may be liable to a customer who is mugged at night in the markets parking lot. See Butler v. Acme Markets, Inc., 89 N.J. 270 (1982). In Butler, unknown to the customer, seven muggings had occurred in the lot during the preceding year, five in the evenings during the four months preceding the attack in question. Id. at 274. To combat the muggings, the market had hired off-duty policeman. Ibid. At the time of the attack, however, the only guard was inside the market; no one was on duty in the parking lot. Id. at 275. In that setting, the Court held that the market had a duty to protect the customer from foreseeable criminal activity. Id. at 284. Uniting Braitman, Trentacost, and Butler is the premise that landlords and business owners should be liable for foreseeable injuries that occur on their premises. The underlying rationale is that they are in the best position to control the risk of harm. See Butler, supra, 89 N.J. at 284. Ownership or control of the premises, for example, enables a party to prevent the harm. Accord Steinmetz v. Stockton City Chamber of Commerce, 214 Cal. Rptr. 405, 408 (Ct. App. 1985) (reasoning that duty is grounded in possession of premises and right to control and manage premises); LaFleur v. Astrodome-Astrohall Stadium Corp., 751 S.W. 2d 563, 565 (Tex. Ct. App. 1988) (holding that duty to provide protection arises from defendants power of control). Usually there is no liability in off - premise assault. Courts from other states likewise have refused to impose liability on commercial landowners for off-premises murder or assault. See, e.g., Steinmetz, supra, 214 Cal. Rptr. at 408 (declining to impose liability because of difficulty in defining scope of any duty owed by landowner off premises and not controlled by him); Wofford v. Kennedys 2nd St. Co., 649 S.W. 2d 912, 914 (Mo. Ct. App. 1983) (declining to impose liability on tavern owner for injuries suffered by patron assaulted on adjacent public street because otherwise "line which would cut off the landowners liability becomes nearly impossible to draw"). Generally, a possessor of land is not liable for off-premises injuries merely because those injuries are foreseeable. See, e.g., MacGrath v. Levin Properties, 256 N.J. Super. 247 (App. Div. 1992), certif. denied, 130 N.J. 19 (1992); Simpson v. Big Bear Stores Co., 652 N.E.2d 702, 705 (Ohio 1995); see generally Restatement (Second) of Torts § 314A comment c (1965) (indicating possessor of land is not under duty to person endangered or injured when one has ceased to be an invitee). That general rule protects an abutting property owner from liability for injuries that occur on a public way. See Restatement (Second) of Torts § 349 (1965); see also MacGrath, supra, 256 N.J. Super. at 251-52 (noting court follows Restatement § 349 unless exception applies). Sidewalk Fall down Liability A narrow exception imposes liability on commercial landowners for injuries to pedestrians on abutting sidewalks. See Stewart v. 104 Wallace St., Inc., 87 N.J. 146 (1981). The duty to maintain the sidewalks flows from the economic benefit that a commercial landowner receives from the abutting sidewalk and from the landowners ability to control the risk of injury. Id. at 158; Davis v. Pecoreno, 69 N.J. 1, 8 (1975) (holding gas station owner liable for injury caused by packed snow and ice on abutting sidewalk because "traffic was directly beneficial to his business and enured to his economic benefit"). Several decisions of the Appellate Division delineate the appropriate limits of a commercial property owners liability for off-premises injuries. Critical to those decisions is the premise that a landowners liability may extend beyond the premises for activities that directly benefit the landowner. Thus, the owner of a shopping center was not liable to a woman who fell on a dirt path leading from the shopping center to a parking lot. See Chimiente v. Adam Corp., 221 N.J. Super. 580 (1987). In Chimiente, sidewalks provided a safe alternative route. Id. at 584. The dirt path conferred no direct economic benefit on the shopping center. Ibid. Similarly, a shopping center on Route 22 was not liable to a customer who was struck by a car while crossing the highway. See MacGrath, supra, 256 N.J. Super. at 250-51, 253. A restaurant that provided parking on the opposite side of the street, however, had a duty to provide safe passage from the lot to the restaurant. See Warrington v. Bird, 204 N.J. Super. 611 (1985), certif. denied, 103 N.J. 473 (1986). The restaurant knew that its patrons would cross the street, and derived a direct economic benefit from their use of the path. Id. at 617. Finally, a caterer was found liable for the death of a business invitee who was killed crossing a county highway after parking her car in a lot the caterer knew or should have known the invitee would use. See Mulraney v. Aulettos Catering, 293 N.J. Super. 315, certif. denied, _ N.J. _ (1996). Prominent among the reasons for the imposition of liability was the proposition that the use of the lot furthered the caterers economic interest. Id. at 321. Critical to the imposition of liability is a direct economic benefit to the commercial landowner from the path taken by the injured party and the absence of an alternative route. Courts from other states likewise have concluded that a landowner does not owe a duty to protect people from criminal activity on adjacent premises that the landowner does not own or control. See, e.g., Donnell v. California W. Sch. of Law, 246 Cal. Rptr. 199, 201 (Ct. App. 1988) (holding law school not liable merely because it took no action to remedy dangerous condition on adjoining property); Steinmetz, supra, 214 Cal. Rptr. at 408-09 (holding tenant in industrial park not liable to business invitee who was mugged a block away from tenants premises but within park); National Property Investors, II, Ltd. v. Attardo, 639 So.2d 691 (Fla. Dist. Ct. App. 1994) (holding no duty for store owner to protect customer from assault in apartment premises when assailant followed customer from convenience store to apartment house across street); Simpson, supra, 652 N.E.2d 702 (holding supermarket owners duty to warn or protect business invitees from foreseeable criminal activity extends to premises in possession and control of owner and therefore owner not liable for injuries suffered by patron attacked in common area of shopping center). Southland Corp. v. Superior Court, 250 Cal. Rptr. 57 (Ct. App. 1988), is consistent with that premise. In Southland, three assailants attacked a customer from a convenience store in a parking lot ten feet away from the stores property line. 250 Cal. Rptr. at 58. The customer sued the lessee and sub-lessee, who were the franchisor and franchisee of the store. Id. at 59. The master lease provided that the store could use the adjacent lot for parking, and the injured customer believed that the store controlled the lot. Id. at 58 n.1, 59. Many customers parked in the lot. Id. at 58. The lessees did not erect a fence or do anything else to discourage the customers from using the lot. Id. at 59. Denying summary judgment for the lessee and sub-lessee, the court relied on the fact that the store controlled the lot and "realized a significant commercial benefit from their customers use of the lot . . . ." Id. at 62-63. Absent a landlords control of an adjacent lot or realization of "a significant commercial benefit" from tenants use of the lot, the landlord does not owe a duty to warn tenants of the risk of criminal assault on the lot. See Ibid. Conclusion There is a possibility of imposing on a landlord a duty to pay a tenant for injuries sustained in a criminal attack on its property to help compensate the tenant. In appropriate circumstances, property owners may be liable if they negligently conduct activities that expose others to foreseeable criminal attacks. Contact a Civil Trial Attorney to discuss your rights.

Spine Injuries in Accidents

Persons who are in car accidents or fall down often do not feel pain in their back until the next day. Testing for back injuries could include: muscle conduction tests, MRI, CT scan, and X-ray. A person concerned about a knee injury should probably consult an orthopedic doctor who can order and read most of the above tests. Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies often will not help. Don't give up! Our Law Office can provide experienced attorney representation if you are injured in an accident and suffer a back injury.
Even in a low impact accident, there can be a back injury. According to medical journal excerpts:
1) The truth is that all driving can be dangerous. More than 80 percent of all car crashes occur at speeds less than 40 mph. Fatalities involving non-belted occupants of cars have been recorded at as low as 12 mph. Thats about the speed youd be driving in a parking lot.
Seat belt safety pamphlet, number D)T HS 802 152, distributed by the U.S. Department of Transportation, National Highway Traffic Safety Administration.
2) The amount of damage to the automobile bears little relation to the force applied to the cervical spine of the occupants. The acceleration of the occupants head depends on the force imparted, the moment of inertia of the struck vehicle, and the amount of collapse of force dissemination by the crumpling of the vehicle. The inertia of the struck vehicle is related to the weight and the relative ease with which the vehicle rolls or moves forward.
Charles Caroll, M.D., Paul McAfee, M.D., Lee Riley, Jr., M.D.: Objective findings for diagnosis of whiplash. Journal of Musculoskeletal Medicine, March, 1986, pp. 57-74.
3) The accident does not need to be severe in order to generate cervical trauma. Using the brakes when the light suddenly turns red and when the neck is too relaxed is enough to cause trauma. The neck may projected backwards even though not violently. The head, which weighs five kilograms and is balanced over the cervical spine, being supported by only two small articular surfaces no greater than a thumbnail, is also thrown backwards pulling the cervical spine with it. In addition, a sudden reflex contraction of the flexors on the neck occurs with a certain delay. We shall not describe all the details of the mechanism of the production of these whiplash injuries...
It is easy to imagine that the joint injuries are not the same if during a collision, or any other accident, the head is directed along the axis of the impact or if the head is rotated or if the impact is directed laterally. In the final analysis, it is the result of the injury which is important.
Robert Maigne, M.D., Orthopedic Medicine - A New Approach to Vertebral Manipulations, CC. Thomas, 1972, p. 196.
4) The position of the head at the moment of collision influences the type of injury. This is particularly true of the degree of rotation in relationship to the direction of the impact...the foramen are open equally when the head faces forward but are narrowed on the side toward which the head is laterally flexed or to which the head is turned. Not only will the already narrowed foramen be compressed ligaments will be far more damaging. Rotating the head at the time of collision increases the possibility of more serious injury.
Rene Cailliet, M.D., Neck and Arm Pain, 1972, Davis Company, p. 69.
Although no specific studies are available for analysis, some medical authors have suggested the possibility that perhaps collisions that produce little physical damage place the occupants at GREATER risk of injury. The crumpling of metal during a collision is believed to absorb some of the force generated by the impact. Where little damage is produced, it may suggest that none of the force was absorbed by the metal, leaving it to pass through the automobile, thereby exposing the occupants to the full force of the impact.
In early 1989, Dr. Francis Navin, a professor of Civil Engineering at the University of British Columbia and a scientific team of investigators conducted simulated low-speed rear impact studies at the UBC Accident Research Facility in Vancouver to assess vehicle damage and occupant injury from this type of collision. The investigators set up a simulated experiment in which a heavy pendulum was swung at speeds lower than 20 km/h to strike the rear bumper of a Volkswagen Rabbit carrying bolted crash dummies. Later that year, Dr. Navin published his findings at an international conference on experimental safety vehicles in Gothenburg, Sweden.
The results of their studies showed that the test occupants were flung forward and rotated at higher speeds than impact in an attempt to catch up with the car.
According to Dr. Navin, It was observed that the resulting deflection of the seat-back, with subsequent rebound tends to pitch the occupant forward during impact with the shoulder displacement leading the head. The relative head to shoulder motion is the likely source of whiplash injury.
The investigators also noticed an absence of structural damage to the rear bumper of the Rabbits when struck by the pendulum at speeds of up to 15 km/h. This led Dr. Navin to the same conclusion of earlier American studies which demonstrated that rear-end collisions, unlike most other types of collisions, frequently result in minor car damage with major bodily harm.
Dr. Navins findings are fully explained in the proceedings of the 12th International Conference of Experimental Safety Vehicles, May 29 - June 1, 1989, Gothburg, Sweden, in the article Low Speed Rear Impacts and the Elastic Properties of Automobiles, as well as in the Proceedings of the Multi-disciplinary Road Safety Conference VI, June 5-7, 1989, Fredricton, New Brunswick, in the article An Investigation Into Vehicle and Occupant Response Subjected to Low-Speed Rear Impacts.
1) Long-term studies show that aches and pains with no evident physical cause persist in 20% to 45% of patients with significant whiplash injuries.
Roentgenographic studies show that degenerative problems develop after injury in 39% of patients. By comparison only 6% of the general population over age 30 develops degenerative changes over a comparable time. Thus, it would seem that whiplash injuries predispose patients to cervical degenerative osteoarthritis.
Charles Caroll, M.D., Paul McAfee, M.D., Lee Riley, Jr., M.D.: Objective findings for diagnosis of whiplash. Journal of Musculoskeletal Medicine, March, 1986, pp. 57-74.
2) From the discussion of the natural history of the degenerative process, it will be appreciated that this process is often a continuing one and therefore we cannot expect a permanent cure from manipulation or from any modality, including operation.
W.H. Kirkaldy-Willis, M.D., Managing Low Back Pain, 1983, Churchill Livingstone, pp. 183.
3) In addition there are long term effects of injuries [automobile accidents] which do not become evident until years after the insult, for example with osteoarthrosis of joints and epileptic seizures.
Aldman B., Mellander H., Mackay M., The Structure of European Research into the Bio-mechanics of Impacts, in the quarterly journal of the American Association For Automotive Medicine, April, 1986, p. 26.
4) If the displacement (post-traumatic disc protrusion) is left where it is to get larger or smaller as fortune dictates, it will sometimes take the latter course. Even so, the longer the protrusion lasts, the more time it has to stretch the posterior longitudinal ligament, perhaps irretrievably, thus enhancing the likelihood of further attacks. The prevention of eventual pressure on a root or the spinal cord is clearly the reduction of the displacement (manipulation) when it first appears.
James Cyriax, M.D., Textbook of Orthopedic Medicine, Tindall, 8th edition, 1982, p.103.
5) Disk disruption in milder cervical trauma may be the cause of acute as well as chronic pain syndrome...This type of pain pattern can become chronic over many years without resolving. The areas affected by pain include the neck, inner part of the scapula, shoulder, and arm. This pain is relieved by rest, immobilization, and traction. The pain recurs when the patient becomes active again.
Bohlman HH: Musculoskeletal Disorders, ed. by Robert D. DAmbrosia, M.D., 1977, J.B. Lippencott Company, pp. 220-222.
This points out that the fear that symptoms associated with traumatic soft-tissue injury will return in the future is an opinion shared by many respected medical authorities, and reported in numerous medical texts, journals and professional papers. The sequela of post-traumatic injury, especially as it relates to joint function, are well established in the medical literature, and carry a significant predisposition for further dysfunction and painful syndromes. Financial Recovery for persons suffering back injuries and seriously injured in accidents, both car accidents and fall downs:
1. 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 you now wish to prosecute a claim against an opposing party. As the attorney of record, I can bring an action for the injured person. Therefore, I request that all clients do as much as possible to cooperate and help in every way. The purpose of this article is to describe the procedure that we may follow and give you sufficient instructions to enable you to assist us in this undertaking. Needless to say, helping us is just another way of helping yourself.
2. Clients should provide my office with the following 1. Any bills 2. All hospital or doctor records in your possession 3. Car Insurance Declaration Sheet if you were in a car accident 4. Car Insurance Policy if car accident 5. Photos of damage to any property 6. Photos of accident site 7. Major Medical Insurance Card 8. Paystub if lost time from work
3. Attorney- Client Confidential Relationship First, I want to thank our clients for giving me the opportunity to assist them in their case. I am a legal professional and have great pride and confidence in the legal services that I perform for clients during our relationship as attorney-client. If you have concerns about your case, please call my office at (732) 572-0500. We feel that this case is extremely important-not only to you, but to this office as well. This is not simply a matter of obtaining just compensation for you, although that is very important. We take professional pride in guiding our clients carefully through difficult times to a satisfactory conclusion of their cases.
4. Submission of Bills to Car Insurance and Major Medical If you are in a car accident, you should submit your medical bills to your own car insurance company first. Your car insurance is required by New Jersey law to provide PIP (Personal Injury Protection) benefits under the No Fault Law. This means your car insurance company, not the careless driver, pay the majority of medical bills. If you do not own a car, but live with someone who owns a car, we can try to help you submit medical bills to their car insurance company.
If this is not a car accident, submit all bills immediately to your major medical.
Please provide car and major medical insurance information to each doctor, MRI facility and treatment provider. Please request they submit bills and attending physician reports to car insurance and major medical. There is now minimum deductibles under the PIP Law. There is an initial $250.00 deductible, and thereafter your car insurance company pays 80% of medical bills under a medical fee schedule established by the State Dept. of Insurance. Your primary treating doctor must also follow Care Path. Submit portions of bills the car insurance does not pay to your major medical carrier (ex- Blue Cross, Connecticut General). The Law Office of Kenneth Vercammen can provide a more detailed brochure explaining how car insurance works.
Never give a signed statement to the claims adjuster representing the other drivers insurance company. The same goes for a phone recording. They may be used against you in court to deny your claim. Speak with your personal injury attorney first.
WHILE YOUR PERSONAL INJURY CASE IS PENDING:
It is important that you -- 1. DO NOT discuss your case with anyone except your doctors and attorney. 2. DO NOT make any statements or give out any information. 3. DO NOT sign any statements, reports, forms or papers of any kind. 4. DO NOT appear at police or other hearings without first consulting with your attorney. INFORM YOUR ATTORNEY PROMPTLY of any notice, request or summons to appear at any such hearings. 5. Refer to your attorney, anyone who asks you to sign anything or to make any statement or report or who seeks information concerning your case. 6. Direct your doctor and other treatment providers not to furnish or disclose any information concerning your case to any entity other than your insurance company without YOU AND YOUR ATTORNEYS WRITTEN PERMISSION. 7. You may have insurance coverages such as liability, collision, accident, Blue Cross, Blue Shield or Major Medical which require prompt attention. However, be sure to have your treatment providers send bills immediately to all of your insurance companies. 8. Notify your attorney promptly of any new developments. Small things may be important. Keep your attorney informed. 9. Maintain accurate records of all information and data pertaining to your case. 10. If you or any witnesses should move, be sure to notify your attorney of the new address.
5. Diary We want you to keep a diary of your experiences since your accident. In addition to this daily record, we also ask you to start describing a single day in the course of your life. In other words, describe what you do when you get up in the morning, the first thing you do after you go to work, what type of work and effort you put into your employment, what activities you engage in after work, etc. In other words, we need you to describe the changes in your working life, your playing life, your life as a husband, wife, child or parent. In your written description of your day, we would appreciate your explanation in the greatest detail possible and in your own words how the accident and subsequent injuries have affected your life, your personality, and your outlook. And remember that suffering does not entail mere physical pain; suffering can be emotional and can be transmitted to your family, friends, and co-workers. When you have completed this description, please return it to this office in the enclosed envelope. Keep a diary of all matters concerning this accident, no matter how trivial you think it may be. You should include notes on the treatments you receive, therapy, casts, appliances, hospitalization, change of doctors, change of medication, symptoms, recurrence, setbacks, disabilities and inconveniences. If you have any doubt about the propriety of including some particular information, please call the office and let us assist you.
6. Record expenses You can also begin to set up a system for recording the expenses incurred in conjunction with your claim in minute detail. Medical and legal expenses are a strong part of the value of your lawsuit, so good records of these expenses must be kept at all times. From time to time, however, there will be expenses incurred that you must keep track of yourself. We ask you to make every effort to avoid any possible error or inaccuracy as jurors have a relentless reverence for the truth. Keep your canceled checks and your list of expenses together, for we will need them at a later date. Your attorney will keep track of your legal expenses, which may include costs of filing, service of process, investigation, reports, depositions, witness fees, jury fees, etc.
7. Investigation and Filing of Civil Complaint in Superior Court Procedurally, the following events occur in most personal injury cases. First, your attorney must complete our investigation and file. This will involve the collection of information from your physician, your employer, and our investigator. We will need your doctors to provide us with copies of all bills, medical records and possibly a medical report. 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.
8. Interrogatory Questions and Discovery The Answer is followed by a request for written interrogatories. These are questions that must be answered by each party. The Superior Court has set up certain Form Interrogatories which are contained in the Rules of Court. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question. The deposition is just as important as the trial itself. In the event you are deposed during the course of this action, you will receive detailed instructions as to the procedure and will be requested to watch a videotape. After taking depositions, the case will be set down for an Arbitration. If the parties do not settle after the Arbitration, the case will be given a trial call date. Altogether, these procedures may take from six months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.
9. Doctor/Treatment It will help your case to tell us and your doctors about any injury or medical problems before or after your accident. Good cases can be lost by the injured persons concealing or forgetting an earlier or later injury or medical problem. Insurance companies keep a record of any and all claims against any insurance company. The insurance company is sure to find out if you have ever made a previous claim. Tell your doctors all of your complaints. The doctors records can only be as complete as what you have given. Keep track of all prescriptions and medicines taken accompanied by the bills. Also save all bottles or containers of medicine.
10. Bills Retain all bills which relate to your damages, including medical expenses, hospital expenses, drugs, medicines, therapy, appliances, and anything needed to assist you in your recovery. If possible, pay these bills by check or money order, so that a complete record may be kept. If this is not possible, be certain to obtain a complete receipt with the bill heading on it, to indicate where the receipt came from and the party issuing it.
11. Evidence Be certain to keep anything that comes into your possession which might be used as evidence in your case, such as shoes, clothing, glasses, photographs, defective machinery, defective parts, foreign substances which may have been a factor in your accident, etc. Be sure to let the office know that you have these items in your possession.
12. Photographs Take photographs of all motor vehicles, accident site, etc., that may be connected directly or indirectly with your accident. Again, be sure to let the office know that you have such photographs.
13. Keep your attorney advised Keep this office advised at all times with respect to changes in address, important changes in medical treatment, termination of treatment, termination of employment, resumption of employment, or any other unusual change in your life.
14. Lost wages Keep a complete record of all lost wages. Obtain a statement from your company outlining the time you have lost, the rate of salary you are paid, the hours you work per week, your average weekly salary, and any losses suffered as a result of this accident. Where possible, also obtain other types of evidence such as ledger sheets, copies of time cards, canceled checks, check stubs, vouchers, pay slips, etc.
15. New information In the event that any new information concerning the evidence in this case comes to your attention, report this to the Attorney immediately. This is particularly true in the case of witnesses who have heretofore been unavailable.
16. Do not discuss the case The insurance company may telephone you and record the conversation or send an adjuster (investigator) who may carry a concealed tape recorder. You should not discuss your case with anyone.
Obviously, we cannot stress too strongly that you DO NOT discuss this matter with anyone, but your attorney or immediate trusted family. You should sign no documents without the consent of this office. Remember that at all times you may be photographed and investigated by the opposition. If you follow the simple precautions which we have set out in your checklist, we feel that we will be able to obtain a fair and appropriate amount for your injuries. If you get any letters from anyone in connection with your case, mail or fax them to your attorney immediately.
17. Questioning If any person approaches you with respect to this accident without your attorneys permission, make complete notes regarding the incident. These notes should include the name and address of the party, a description of the person, and a narrative description of what was said or done. Under no circumstances should you answer any question(s). All questions should be referred to your attorneys office.
18. Investigation by Defendant Insurance Company Permit us to reiterate at this time that the oppositions insurance company will in all probability have a team of lawyers and investigators working diligently to counter your claim. During the course of their investigation, it is quite possible that they may attempt to contact you through various (and sometimes, devious) methods. Please do not make their jobs any easier for them by answering their questions.
We cannot emphasize too strongly that you should refrain at all times from discussing this matter with anyone, and that includes your employer, your relatives, your neighbors, and even your friends. Of course, there are exceptions to this rule.
If there are friends, neighbors or relatives who know all of the facts and circumstances surrounding the accident and can be of assistance to you, then they should be referred to this office so that their natural sympathy can be channeled into an effective asset for you.
Insurance companies pay money to claimants when they are satisfied there are both liability and damages that support a recovery. They can be expected to thoroughly investigate the facts of the accident and any past injuries or claims. The insurance company will obtain copies of all of the claimants past medical records.
19. The value of a case depends on the permanent injury, medical treatment and doctors reports Undoubtedly, you have questions as to how much your case is worth. We are going to be frank: The fact of the matter is there can be no answer to this question until we have completed the investigation in your case. Once we complete our investigation, of course, we can make a determination as to the amount of the defendants liability, if any, and even at that we will only be at a starting point. After that, we must obtain all necessary information concerning your lost wages, your disability, your partial disability, your life changes, and your prognosis. You may rest assured of one thing, however, and that is the fact that your case will not be settled below its true value, that is the fair compensation for the injuries you have received. You may also rest assured that no settlement agreement will be entered into without your consent.
Conclusion We appreciate that this is a great deal of information to absorb. We also appreciate that our requests for clients assistance have been numerous. However, we are certain that our clients appreciate having this information from the outset. Each request and bit of information given here represents an important part in recovering full value for your injury. Therefore, we respectfully request your full cooperation. If you have questions or concerns regarding these instructions, we encourage you to feel free to contact the office at any time.
CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 for an 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. KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030

Sidewalk Liability for Fall Downs on Sidewalks of Commercial Premises

Settlements of Minors Personal Injury Cases

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 plaintiffs attorney will prepare the following: 1. Order Approving Minors Settlement 2. Doctors 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 childs status and, if a minor, the age, the parents 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 petitioners nominee. A conflict of interest between the petitioner and the minor or alleged mentally incapacitated person shall be good cause for rejection of the petitioners 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 Partys 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 Courts 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 courts 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 physicians 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 MINORS 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 claimants attorney or on its own motion, may approve the expenses incident to the litigation, including attorneys fees. If the fees of the attorney representing the guardian ad litem are to be paid by the defendant, the defendant shall upon the courts request make available to it defendants 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 MINORS 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 plaintiffs 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 infants 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.

Self Defense

The United States Constitution and our State laws permit us to protect ourselves. As a homeowner, there are legal measures that can be used to keep out intruders. The Second Amendment to the US Constitution provides that we have the right to bear arms. Obviously, civilized society is permitted to have certain restrictions on gun and weapon use.
The basic question many people have is if they defend themselves and the attacker claims they are hurt, can you be liable. There are two vastly different grounds for liability: criminal liability and civil liability.
Self-Defense and Avoiding Criminal Responsibility
A person may use force against another person if he reasonably believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person. Such justifiable use of force is commonly call "self-defense." The provisions for self-defense to protect citizens from criminal charges is found in the criminal code at NJSA 2C-3-4(a), which states in part:
"... The use of force upon or toward another person is justifiable when the actor reasonably believes that such force is immediately necessary for the purpose of protecting himself against the unlawful force by such other person on the present occasion."
In other words, self defense is the right of a person to defend against any unlawful force. Self defense is also the right of a person to defend against seriously threatened unlawful force that is actually pending or reasonably anticipated.
When a person is in imminent danger of bodily harm, the person has the right to use force or even deadly force when that force is necessary to prevent the use against (him/her) of unlawful force. The force used by the defender must not be significantly greater that and must be proportionate to the unlawful force threatened or used against the defender.
Unlawful force is defined as force used against a person without the persons consent in such a way that the action would be a civil wrong or a criminal offense.
If the force used by the defender was not immediately necessary for the defenders protection or if the force used by the defender was disproportionate in its intensity, then the use of such force by the defendant was not justified and the self defense claim in a criminal prosecution falls.
Deadly Force and Criminal Prosecution
The use of deadly force may be justified only to defend against force or the threat of force of nearly equally severity and is not justifiable unless the defendant reasonably believes that such force is necessary to protect (himself/herself) against death or serious bodily harm. By serious bodily harm, we mean an injury that creates substantial risk of death or which causes serious permanent disfigurement or which causes a protracted loss or impairment of the function of any bodily member or organ.
One cannot respond with deadly force to a threat of or even an actual minor attack. For example, a slap or an imminent threat of being pushed in a crowd would not ordinarily justify the use of deadly force to defend against such unlawful conduct.
In addition, one can under limited instances use force in the protection of others (NJSA 2C:35-5). Limited force under certain instances is also afforded in the criminal code for the defense of personal property (NJSA 2C:3-6C).
Defense of Real Property (Your Home) and Criminal Liability
A section of our criminal law provides that:
"the use of force upon or toward the person of another is justifiable when the actor is in possession or control of premises or is licensed or privileged to be thereon and he reasonably believes such force necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of a criminal trespass by such other person in or upon such premises."
A person commits a criminal trespass if, knowing that (he/she) is not licensed or privileged to do so, (he/she) enters or surreptitiously remains in any structure or separately secured or occupied portion thereof.
Our criminal law further provides that, in defense of your home:
"the use of force is justifiable...only if the actor first requests the person against whom such force is used to desist from his interference with the property, unless the actor reasonably believes that (a) such request would be useless; (b) it would be dangerous to himself or another person to make the request or (c) substantial harm will be done to the physical condition of the property which is sought to be protected before the request can effectively be made."
"The use of deadly force is not justifiable in the defense of premises unless the actor reasonably believes that:
(a) The person against whom the force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or
(b) The person against whom the force is used is attempting to commit or consummate arson, burglary, robbery or other criminal theft or property destruction; except that
(c) Deadly force does not become justifiable under subsections (a) and (b) unless
(i) The person against whom it is employed has employed or threatened deadly force against or in the presence of the actor; or
(ii) The use of force other than deadly force to prevent the commission or the consummation of the crime would expose the actor or another in his presence to substantial danger of serious bodily harm."
These are taken from portions of the Model Jury Charges - Criminal, Third Edition, published by the New Jersey Institute for Continuing Legal Education. It should be noted that these are defenses to criminal charges which will be brought against you if you defended yourself.
Even if the County Prosecutor or Police decide not to bring criminal charges against you or if you are successful in proving that you were protecting yourself as permitted under certain provisions of the criminal code, the attacker if injured still may attempt to bring a civil suit to recover for any medical expenses or injuries incurred.
Defenses to Civil Liability
Ordinarily, if someone is injured as a result of the intentional or negligent act of another, they can recover monetary damages to reimburse them for medical bills and injuries suffered. However, this is not always so when the person was injured while attacking someone else or attempting to steal from that person.
The judge in a civil case will instruct jurors in the following easy to read language: "No person has a lawful right to lay hostile and menacing hands on another. However, the law does not require anyone to submit meekly to the unlawful infliction of violence upon him. He may resist the use or threatened use of force upon him. He may meet force with force, but he may use only such force as reasonably appears to him to be necessary under all the circumstances for the purpose of self protection.
One is not ordinarily expected to exercise the same refined degree of judgment at times of great stress or excitement that he would under more placid circumstances.
Deadly Force and Civil Duty to Retreat
A deadly force is not justifiable when an opportunity to retreat with complete safety is known by the defender to be at hand. The use of such force is not justifiable if the defender knew that it could have been avoided with complete safety to himself by retreating. Where these conditions are present, the defender has a duty to retreat, and his use of a deadly force under these circumstances cannot be justified as an act of self defense.
Defense of Others
One may justifiably intervene in defense of any person who is in actual or apparent imminent danger of death or serious bodily harm, and in so doing he may use such force as he has reason to believe, and does believe, necessary under the circumstances. The defender must be reasonable in his belief that the third party is in dire peril of death or serious bodily harm. He must also have a reasonable basis to believe that the force he uses is necessary to protect the apparent victim from the threatened harm.
The defender has the burden of proving to the jurors that he inflicted the injuries complained of while acting in defense of the third party within the foregoing principles.
One is not permitted to set up traps to kill or maim individuals who attempt to trespass on their property. There is a responsibility to warn trespassers of dangerous conditions and an intenant risk of injuries. You cannot have a deep pit to catch trespassers or electric wire with one million volts of electricity to kill a trespasser.
Liability for Dog Bites
If someone hops your fence, trespasses on your land, and your dog bites him, you are not liable. However, New Jersey does impose strict liability if your dog bites someone if it is loose or if the person bitten was in a public place or permitted on your property. NJSA 4:19-16 provides,
"The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owners knowledge of such viciousness.
"For the purpose of this section, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof."
Thus, in New Jersey, a dog does not get two bites.
A person can even be liable if your dog injures someone although not biting it. Being jumped on or chased by a dog could be grounds for a civil liability. It is also strict liability if any of your dangerous animals injure someone, i.e. pet, buffalo or tiger.
Conclusion
Self defense has been recognized in both the criminal code and civil liability cases. It is common sense under the circumstances that usually controls liability. For more detailed information on self defense, you should carefully read the New Jersey statutes dealing with criminal responsibility and self defense.
It is also important to note that in intentional acts usually your insurance company will not defend you or pay another person who is injured on your property as a result of intentional acts. You should personally speak with your homeowners insurance broker to ask them to show you specifically in your policy where you are covered for injuries to someone.

Self Defense statute 2002: 2C:3-1. Justification an affirmative defense; civil remedies unaffected a. In any prosecution based on conduct which is justifiable under this chapter, justification is an affirmative defense.
b. The fact that conduct is justifiable under this chapter does not abolish or impair any remedy for such conduct which is available in any civil action.
L.1978, c. 95, s. 2C:3-1, eff. Sept. 1, 1979.
2C:3-2. Necessity and other justifications in general a. Necessity. Conduct which would otherwise be an offense is justifiable by reason of necessity to the extent permitted by law and as to which neither the code nor other statutory law defining the offense provides exceptions or defenses dealing with the specific situation involved and a legislative purpose to exclude the justification claimed does not otherwise plainly appear.
b. Other justifications in general. Conduct which would otherwise be an offense is justifiable by reason of any defense of justification provided by law for which neither the code nor other statutory law defining the offense provides exceptions or defenses dealing with the specific situation involved and a legislative purpose to exclude the justification claimed does not otherwise plainly appear.
L.1978, c. 95, s. 2C:3-2, eff. Sept. 1, 1979.
2C:3-3. Execution of public duty a. Except as provided in subsection b. of this section, conduct is justifiable when it is required or authorized by:
(1) The law defining the duties or functions of a public officer or the assistance to be rendered to such officer in the performance of his duties;
(2) The law governing the execution of legal process;
(3) The judgment or order of a competent court or tribunal;
(4) The law governing the armed services or the lawful conduct of war; or
(5) Any other provision of law imposing a public duty.
b. The other sections of this chapter apply to:
(1) The use of force upon or toward the person of another for any of the purposes dealt with in such sections; and
(2) The use of deadly force for any purpose, unless the use of such force is otherwise expressly authorized by law.
c. The justification afforded by subsection a. of this section applies:
(1) When the actor reasonably believes his conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; and
(2) When the actor reasonably believes his conduct to be required or authorized to assist a public officer in the performance of his duties, notwithstanding that the officer exceeded his legal authority.
L.1978, c. 95, s. 2C:3-3, eff. Sept. 1, 1979. 2C:3-4 Use of force in self-protection.
2C:3-4. Use of Force in Self-Protection. a. Use of force justifiable for protection of the person. Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward another person is justifiable when the actor reasonably believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.
b.Limitations on justifying necessity for use of force.
(1)The use of force is not justifiable under this section:
(a)To resist an arrest which the actor knows is being made by a peace officer in the performance of his duties, although the arrest is unlawful, unless the peace officer employs unlawful force to effect such arrest; or
(b)To resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:
(i)The actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest;
(ii)The actor has been unlawfully dispossessed of the property and is making a reentry or recaption justified by section 2C:3-6; or
(iii) The actor reasonably believes that such force is necessary to protect himself against death or serious bodily harm.
(2)The use of deadly force is not justifiable under this section unless the actor reasonably believes that such force is necessary to protect himself against death or serious bodily harm; nor is it justifiable if:
(a)The actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself in the same encounter; or
(b)The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that:
(i)The actor is not obliged to retreat from his dwelling, unless he was the initial aggressor; and
(ii)A public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape is not obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed.
(3)Except as required by paragraphs (1) and (2) of this subsection, a person employing protective force may estimate the necessity of using force when the force is used, without retreating, surrendering possession, doing any other act which he has no legal duty to do or abstaining from any lawful action.
c. (1) Notwithstanding the provisions of N.J.S.2C:3-5, N.J.S.2C:3-9, or this section, the use of force or deadly force upon or toward an intruder who is unlawfully in a dwelling is justifiable when the actor reasonably believes that the force is immediately necessary for the purpose of protecting himself or other persons in the dwelling against the use of unlawful force by the intruder on the present occasion.
(2)A reasonable belief exists when the actor, to protect himself or a third person, was in his own dwelling at the time of the offense or was privileged to be thereon and the encounter between the actor and intruder was sudden and unexpected, compelling the actor to act instantly and:
(a)The actor reasonably believed that the intruder would inflict personal injury upon the actor or others in the dwelling; or
(b)The actor demanded that the intruder disarm, surrender or withdraw, and the intruder refused to do so.
(3)An actor employing protective force may estimate the necessity of using force when the force is used, without retreating, surrendering possession, withdrawing or doing any other act which he has no legal duty to do or abstaining from any lawful action.
Amended 1987, c.120, s.1; 1999, c.73.
2C:3-5. Use of force for the protection of other persons a. Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward the person of another is justifiable to protect a third person when:
(1) The actor would be justified under section 2C:3-4 in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect; and
(2) Under the circumstances as the actor reasonably believes them to be, the person whom he seeks to protect would be justified in using such protective force; and
(3) The actor reasonably believes that his intervention is necessary for the protection of such other person.
b. Notwithstanding subsection a. of this section:
(1) When the actor would be obliged under section 2C:3-4 b. (2)(b) to retreat or take other action he is not obliged to do so before using force for the protection of another person, unless he knows that he can thereby secure the complete safety of such other person, and
(2) When the person whom the actor seeks to protect would be obliged under section 2C:3-4 b. (2)(b) to retreat or take similar action if he knew that he could obtain complete safety by so doing, the actor is obliged to try to cause him to do so before using force in his protection if the actor knows that he can obtain complete safety in that way; and
(3) Neither the actor nor the person whom he seeks to protect is obliged to retreat when in the others dwelling to any greater extent than in his own.
L.1978, c. 95, s. 2C:3-5, eff. Sept. 1, 1979.
2C:3-6. Use of force in defense of premises or personal property Use of Force in Defense of Premises or Personal Property. a. Use of force in defense of premises. Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward the person of another is justifiable when the actor is in possession or control of premises or is licensed or privileged to be thereon and he reasonably believes such force necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of a criminal trespass by such other person in or upon such premises.
b. Limitations on justifiable use of force in defense of premises.
(1) Request to desist. The use of force is justifiable under this section only if the actor first requests the person against whom such force is used to desist from his interference with the property, unless the actor reasonably believes that:
(a) Such request would be useless;
(b) It would be dangerous to himself or another person to make the request; or
(c) Substantial harm will be done to the physical condition of the property which is sought to be protected before the request can effectively be made.
(2) Exclusion of trespasser. The use of force is not justifiable under this section if the actor knows that the exclusion of the trespasser will expose him to substantial danger of serious bodily harm.
(3) Use of deadly force. The use of deadly force is not justifiable under subsection a. of this section unless the actor reasonably believes that:
(a) The person against whom the force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or
(b) The person against whom the force is used is attempting to commit or consummate arson, burglary, robbery or other criminal theft or property destruction; except that
(c) Deadly force does not become justifiable under subparagraphs (a) and (b) of this subsection unless the actor reasonably believes that:
(i) The person against whom it is employed has employed or threatened deadly force against or in the presence of the actor; or
(ii) The use of force other than deadly force to terminate or prevent the commission or the consummation of the crime would expose the actor or another in his presence to substantial danger of bodily harm. An actor within a dwelling shall be presumed to have a reasonable belief in the existence of the danger. The State must rebut this presumption by proof beyond a reasonable doubt.
c. Use of force in defense of personal property. Subject to the provisions of subsection d. of this section and of section 2C:3-9, the use of force upon or toward the person of another is justifiable when the actor reasonably believes it necessary to prevent what he reasonably believes to be an attempt by such other person to commit theft, criminal mischief or other criminal interference with personal property in his possession or in the possession of another for whose protection he acts.
d. Limitations on justifiable use of force in defense of personal property.
(1) Request to desist and exclusion of trespasser. The limitations of subsection b. (1) and (2) of this section apply to subsection c. of this section.
(2) Use of deadly force. The use of deadly force in defense of personal property is not justified unless justified under another provision of this chapter.
Amended by L. 1987, c. 120, s. 2. 2C:3-8. Use of force by persons with special responsibility for care, discipline or safety of others The use of force upon or toward the person of another is justifiable as permitted by law or as would be a defense in a civil action based thereon where the actor has been vested or entrusted with special responsibility for the care, supervision, discipline or safety of another or of others and the force is used for the purpose of and, subject to section 2C:3-9(b), to the extent necessary to further that responsibility, unless:
a. The code or the law defining the offense deals with the specific situation involved; or
b. A legislative purpose to exclude the justification claimed otherwise plainly appears; or
c. Deadly force is used, in which case such force must be otherwise justifiable under the provisions of this chapter.
L.1978, c. 95, s. 2C:3-8, eff. Sept. 1, 1979.
2C:3-9. Mistake of law as to unlawfulness of force or legality of arrest; reckless or negligent use of excessive but otherwise justifiable force; reckless or negligent injury or risk of injury to innocent persons a. The justification afforded by sections 2C:3-4 to 2C:3-7 is unavailable when:
(1) The actors belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest which he endeavors to effect by force is erroneous; and
(2) His error is due to ignorance or mistake as to the provisions of the code, any other provisions of the criminal law or the law governing the legality of an arrest or search.
b. (Deleted by amendment; P.L.1981, c. 290.)
c. When the actor is justified under sections 2C:3-3 to 2C:3-8 in using force upon or toward the person of another but he recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for such recklessness or negligence towards innocent persons.
L.1978, c. 95, s. 2C:3-9, eff. Sept. 1, 1979. Amended by L.1981, c. 290, s. 6, eff. Sept. 24, 1981.
2C:3-10. Justification in property crimes Conduct involving the appropriation, seizure or destruction of, damage to, intrusion on, or interference with, property is justifiable under circumstances which would establish a defense of privilege in a civil action based thereon, unless:
a. The code or the law defining the offense deals with the specific situation involved; or
b. A legislative purpose to exclude the justification claimed otherwise plainly appears.
L.1978, c. 95, s. 2C:3-10, eff. Sept. 1, 1979.
2C:3-11. Definitions Definitions. In this chapter, unless a different meaning plainly is required: a. "Unlawful force" means force, including confinement, which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actionable tort or would constitute such offense or tort except for a defense (such as the absence of intent, negligence, or mental capacity; duress, youth, or diplomatic status) not amounting to a privilege to use the force. Assent constitutes consent, within the meaning of this section, whether or not it otherwise is legally effective, except assent to the infliction of death or serious bodily harm.
b. "Deadly force" means force which the actor uses with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily harm. Purposely firing a firearm in the direction of another person or at a vehicle, building or structure in which another person is believed to be constitutes deadly force. A threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the actors purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute deadly force.
c. "Dwelling" means any building or structure, though movable or temporary, or a portion thereof, which is for the time being the actors home or place of lodging except that, as used in 2C:3-7, the building or structure need not be the actors own home or place of lodging.
d. "Serious bodily harm" means bodily harm which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ or which results from aggravated sexual assault or sexual assault.
e. "Bodily harm" means physical pain, or temporary disfigurement, or impairment of physical condition.
Amended by L. 1979, c. 178, s. 11; 1981, c. 290, s. 7; 1987, c. 120, s. 3.

Rights in Negligence Cases

In the Event that You or a Member of Your Family Suffers Serious Injury Due to the Negligence of Others.... Know Your Rights
INSURANCE COVERAGE: Some insurance industry figures estimate that over 20% of drivers are driving on our roads with no liability coverage! Many other drivers are underinsured for cases involving serious injuries. In New Jersey, you have the right to obtain uninsured/underinsured motorist coverage which protects you in the event that the at fault driver is not adequately insured. An attorney can explain the rights and obligations associated with each type of coverage, and can assist you in discovering all available insurance.
TIME LIMITATIONS: New Jersey law requires a victim to bring a claim within a specific time period, or legal action is barred forever. It is also critical to document and preserve important evidence related to a potential claim as soon as possible. An attorney can offer advice to ensure that your rights will not be jeopardized by the passage of time.
LEGAL ADVICE FROM INSURANCE COMPANIES: If an insurance adjuster asks you to sign a release or other legal document, attempts to obtain a recorded statement in person or by telephone, offers you legal advice or discourages you from speaking with a lawyer, BE CAUTIOUS! Insurance adjusters are not permitted to engage in the unauthorized practice of law. An injury attorney will offer advice that protects you, not the insurance company.

Documents an Injured Person Can Be Required to Provide to the Defendants Attorney

By Kenneth Vercammen An injured person and their attorney must answer Court Rule Interrogatory Questions Form A, plus supplemental questions propounded by the attorney for the defendant. The injured person is also required to provide photocopies of documents
The Court Rules require plaintiffs provide answers. If answers are not provided your case will be dismissed. Kenneth Vercammen's Law Office is sometimes hired by insurance companies to defend personal injury complaints. The following are some of the Request for documents we request from the plaintiff in a personal injury case.
REQUEST FOR PRODUCTION OF DOCUMENTS - CAR ACCIDENT TO PLAINTIFF
PLEASE TAKE NOTICE that the Plaintiff demands that the defendant produce for inspection and copying pursuant to Rule 4: 18-1, the following documents at the offices of Kenneth A. Vercammen, Esq., 2053 Woodbridge Avenue, Edison, New Jersey 08817, on ______[30 days from mailing date] at 9:05 a.m.:
RECORDS TO BE PRODUCED
1. All documents relating to the statements of witnesses to the occurrence alleged in your complaint including witnesses who were within sight or hearing of the occurrence or have knowledge from any source as to how it is thought to have occurred. 2. All documents relating to statements of any of the individual parties herein or officers or managing agents of any corporate parties herein. 3. All documents relating to the manner of the occurrence, the events giving rise or leading up to it and the cause thereof, other than any statements of witnesses or parties produced in response to any of the preceding requests. 4. All photographs of the scene of the occurrence. 5. All documents relating to the conditions at the scene of the occurrence (e.g., where appropriate, roadway, surface, weather, construction, traffic signals or signs) at the time of plaintiffs accident. 6. All documents relating to the investigation of the occurrence by or on behalf of any party herein other than those produced in response to any of the preceding requests. 7. All documents relating to the inspection or supervision of activities, if any, at the scene of the occurrence and at the time thereto. 8. All documents relating to complaints to defendant about the premises. 9. All documents in the nature of any expert reports concerning the explanation for or cause of the occurrence. 10. All documents relating to any claims that the Plaintiff sustained financial loss as a result of the occurrence in question, included, but not limited to, W-2 forms and tax returns. 11. All documents relating to the identity of any statute, ordinance or governmental code which it is alleged was violated by any party herein except as already produced in response to any preceding request. 12. Copies of any and all medical reports, bills, summaries, invoices, hospital discharge summaries and any other documents authored by any medical personnel relating to the treatment of the Plaintiff, diagnosis of any injuries and the prognoses of any recovery as a result of this incident. 13. Executed IRS Authorization in the form required by the Federal Government for the five years prior to the date of the incident or certified copies of all IRS tax returns for this period of time. 14. Plaintiffs W-2 forms for the five years prior to the date of the incident. 15. Executed Authorization to obtain personnel records from plaintiffs employer on the date of plaintiffs accident or copies of such personnel records. 16. Executed Authorization to obtain disability records or copies of disability records. 17. Executed Authorization to obtain workers compensation records or copies of such records. 18. Copies of reports of any and all laboratory tests, CT scans, EEGs, EKGs, X-rays and any other tests taken as a result of the injuries allegedly sustained in this accident. 19. All documents relating or referring to prior litigation plaintiff was involved in prior to or after plaintiffs present litigation, including, but not limited to, pleadings, deposition transcripts, interrogatory answers and expert witness reports.
____________________________________
REQUEST FOR PRODUCTION OF DOCUMENTS - FALL DOWN TO PLAINTIFF- RECORDS TO BE PRODUCED
1. All documents relating to the statements of witnesses to the occurrence alleged in your complaint including witnesses who were within sight or hearing of the occurrence or have knowledge from any source as to how it is thought to have occurred. 2. All documents relating to statements of any of the individual parties herein or officers or managing agents of any corporate parties herein. 3. All documents relating to the manner of the occurrence, the events giving rise or leading up to it and the cause thereof, other than any statements of witnesses or parties produced in response to any of the preceding requests. 4. All photographs of the scene of the occurrence. 5. All documents relating to the conditions at the scene of the occurrence (e.g., where appropriate, roadway, surface, weather, construction, traffic signals or signs) at the time of plaintiffs fall.
6. All documents relating to the investigation of the occurrence by or on behalf of any party herein other than those produced in response to any of the preceding requests. 7. All documents relating to the inspection or supervision of activities, if any, at the scene of the occurrence and at the time thereto. 8. All documents relating to complaints to defendant about the premises. 9. All documents in the nature of any expert reports concerning the explanation for or cause of the occurrence. 10. All documents relating to any claims that the Plaintiff sustained financial loss as a result of the occurrence in question, included, but not limited to, W-2 forms and tax returns. 11. All documents relating to the identity of any statute, ordinance or governmental code which it is alleged was violated by any party herein except as already produced in response to any preceding request. 12. Copies of any and all medical reports, bills, summaries, invoices, hospital discharge summaries and any other documents authored by any medical personnel relating to the treatment of the Plaintiff, diagnosis of any injuries and the prognoses of any recovery as a result of this incident. 13. Executed IRS Authorization in the form required by the Federal Government for the five years prior to the date of the incident or certified copies of all IRS tax returns for this period of time. 14. Plaintiffs W-2 forms for the five years prior to the date of the incident. 15. Executed Authorization to obtain personnel records from plaintiffs employer on the date of plaintiffs fall or copies of such personnel records. 16. Executed Authorization to obtain disability records or copies of disability records. 17. Executed Authorization to obtain workers compensation records or copies of such records. 18. Copies of reports of any and all laboratory tests, CT scans, EEGs, EKGs, X-rays and any other tests taken as a result of the injuries allegedly sustained in this accident. 19. All documents relating or referring to prior litigation plaintiff was involved in prior to or after plaintiffs present litigation, including, but not limited to, pleadings, deposition transcripts, interrogatory answers and expert witness reports. _____________________
COURT RULE 4:18. DISCOVERY AND INSPECTION OF DOCUMENTS AND PROPERTY, COPIES OF DOCUMENTS
4:18-1. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes; Pre-Litigation Discovery
(a) Scope. Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on behalf of that party, to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which information can be obtained and translated, if necessary, by the respondent through electronic devices into reasonably usable form), or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of R. 4:10-2 and which are in the possession, custody or control of the party upon whom the request is served; or (2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of R. 4:10-2.
(b) Procedure. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. A copy of the request shall also be simultaneously served on all other parties to the action. The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The party upon whom the request is served shall serve a written response within 35 days after the service of the request, except that a defendant may serve a response within 35 days after service of the summons and complaint upon that defendant. On motion, the court may allow a shorter or longer time. The written response, without documentation annexed but which shall be made available to all parties on request, shall be served by the party to whom the request was made upon all other parties to the action. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified. A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request. The party submitting the request may move for an order of dismissal or suppression pursuant to R. 4:23-5 with respect to any objection to or other failure to respond to the request or any part thereof or any failure to permit inspection as requested. (c) Persons not Parties. This rule does not preclude an independent action against a person not a party for production of documents and things and permission to enter upon land. Pre-litigation discovery within the scope of this rule may also be sought by petition pursuant to R. 4:11-1.