CERTIFICATE OF MERIT UNDER car accident 6A 8 A

Cert. of Merit article

         We send the Cert. of Merit to clients:

         Your insurance declaration sheet indicates you selected the Lawsuit Threshold/Verbal Threshold.  As you are now aware, in order to recover money damages, your injury must fit in with one of the following six categories:  

(1)  Death; (2) Dismemberment;  (3) Significant disfigurement or scaring;  

(4) Displaced Fracture;  (5)  Loss of a fetus;  (6)  Permanent Injury. This applies to cases not involving commercial vehicles.

         

         Your doctor will need to sign an "Certification of Merit" indicating your injuries are permanent.  We cannot file a complaint and proceed without this Certification of Merit.  The Certification of Merit is filled out by your doctor. You need to have it returned to our office and we file it with the court.  The court case of Spalding v. Hussain  stated that the treating physician has a duty to render reasonably required litigation assistance to his patient.

         Enclosed is a blank Certification of Merit.  A complaint cannot proceed unless the treating doctor signs Certification of Merit.  Please contact your treating doctor's office and advise them of your need for the doctor to fill out and sign Certification of Merit.  This Certification of Merit must be filed with the Superior Court.

_________________________ write in name of patient       Plaintiff,                        v.                               Defendants.	Civil Action CERTIFICATE OF MERIT UNDER N.J.S.A. 39:6A-8.A. THAT INJURIES EXCEED THE LAWSUIT/VERBAL THRESHOLD

         I ______________________________ (physician) certify that:

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 __________________ since ________________, which includes my residency training.  I graduated from ___________________________ and have been licensed in New Jersey for ______ years.

2.     I am a licensed physician as defined in N.J.S.A.45:9-5.1. 

3.     I am the licensed treating physician to the Plaintiff or a board certified licensed physician to whom the Plaintiff was referred by the treating physician. Any opinions set forth herein are within a reasonable degree of medical probability.

4.      The Plaintiff, as a result of a motor vehicle accident on ___________________________________ sustained the following injury: (give diagnosis) ______________________________________________.

5.      I am not a relative either through blood or marriage of the patient/plaintiff.

6.      My opinion is based upon the circumstances and examination of the patient, plus  a history of the condition.

7.      I last examined the patient on _____________ and determined the following clinical conditions: ___________________________________

______________________________________________________________________________________________________________________

8.      The injury had a serious impact on my patient's life.

9.      This certification is based upon the following objective clinical evidence: _________________________________________________________________________________________________________________________________________________________________________

10.    Any testing referred to above is not experimental in nature or dependent entirely upon subjective patient response.

         I hereby 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.

Date: ________________                 __________________________

                                                             (physician's signature)