| 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 in an accident and suffer a Serious Injury.
Kenneth Vercammen has been a lecturer for the New Jersey State
Bar Association/ Institute for Continuing Legal Education on Personal
Injury. He has written over 100 articles on litigation matters.
The following information will help your case proceed and you receive
compensation for your injuries:
1. WHILE YOUR PERSONAL INJURY CASE IS PENDING:
CAUTION: 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
kinds, .
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 ATTORNEY'S WRITTEN
PERMISSION.
7. You may have insurance coverage 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.
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
4. Car Insurance Policy
5. Photos of damage to your car and property
6. Photos of accident site
7. Major Med 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 I 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.
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:
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. Please provide insurance
information to each doctor, MRI facility and treatment provider.
Please request they submit bills and attending physician reports
to your car insurance company. 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.
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 do 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 or wife
or 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 Complaint:
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 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 person's 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 doctor's records
can only be as complete as what you have given. Keep track of all
prescriptions and medicines taken and 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 and medicines, therapy, appliances,
and anything needed to assist 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 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 attorney's 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 attorney's office.
18. Investigation by Defendant Insurance Company:
Permit us to reiterate at this time that the opposition's 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 or 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 claimant's past medical records.
19. Surveillance by Insurance Companies: Remember at all times
that you may be under surveillance and, therefore, subject to being
photographed or filmed by the adverse party. Be advised that there
are cases where photographs and films have been introduced in court
showing claimants who were allegedly in serious condition participating
in activities which they alleged they were unable to do. You do
not have to live in fear of being photographed, of course, if your
cause is a just one.
However, when carrying on your usual activities, keep in mind
at all times that you are subject to investigation. If you have
been seriously injured, do not do anything that will jeopardize
your case during the course of your daily life. You should always
follow your doctor's advice. If you have to do things which cause
you pain, this can usually be explained to the full satisfaction
of any court or jury.
There are cases where the insurance agent has attempted to discredit
a personal injury plaintiff by taking movies of the claimant engaged
in various physical activities. In one case, large rocks weighing
over one hundred pounds were placed at the door of the garage during
the night so that claimant would have to be forced to remove the
rocks in order to drive to work. This, of course, was filmed and
used to discredit the plaintiff's claim in court.
20. The value of a case depends on the Permanent Injury, medical
treatment and doctor's 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 defendant's 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 your 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.
Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney,
working for injury victims and their families. By taking a hard-hitting,
aggressive approach toward the insurance companies, KENNETH VERCAMMEN
and our co-counsel have consistently obtained outstanding results
for many injured clients over the years I am proud to have worked
on cases in various capacities, small and large. While obviously
prior results cannot guarantee the outcome of future cases, I can
guarantee that you case will receive the same degree of dedication
and hard work that went into each of these prior cases.
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