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 Brain Injury.
Is it a Brain Injury ?
Traumatic brain injury (TBI), traumatic injuries to the brain, also
called intracranial injury, or simply head injury, occurs when a sudden
trauma causes brain damage. TBI can result from a closed head injury
or a penetrating head injury and is one of two subsets of acquired
brain injury (ABI). The other subset is non-traumatic brain injury
(e.g. stroke, meningitis, anoxia). Parts of the brain that can be
damaged include the cerebral hemispheres, cerebellum, and brain stem
(see brain damage). TBI can cause a host of physical, cognitive, emotional,
and social effects.
Symptoms of a TBI can be mild, moderate, or severe, depending on the
extent of the damage to the brain. Outcome can be anything from complete
recovery to permanent disability or death. See http://en.wikipedia.org/wiki/Traumatic_brain_injury
The following happens in accident cases, both car accidents and fall
downs.
Financial Recovery for persons seriously injured in accidents
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 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 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 Insurance / 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 are 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 driver's 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 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.
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 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 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 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 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 and 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 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. 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 client's 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, matrimonial
hearings 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
website: www.njlaws.com
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Meet with an experienced
Attorney to handle your important legal needs.
Please call the office to schedule a confidential "in Office"
consultation.
Attorneys are not permitted to provide legal advice by email.
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Since
1985, KENNETH VERCAMMEN has worked as a personal injury attorney,
working for injury victims and their families. By taking a hard-hitting,
aggressive approach toward the insurance companies, KENNETH VERCAMMEN
and our co-counsel have consistently obtained outstanding results
for many injured clients over the years I am proud to have worked
on cases in various capacities, small and large. While obviously
prior results cannot guarantee the outcome of future cases, I can
guarantee that you case will receive the same degree of dedication
and hard work that went into each of these prior cases.
In
direct contrast to the hard-hitting approach we take toward the
insurance companies is the “soft” approach we take toward
our clients. I am proud of my compassionate staff as I am of the
outstanding financial results they have achieved. For many years,
I have watched them treat our clients with patience, dignity and
respect. I would have it no other way.
Many
years ago, I attended a seminar sponsored by the American Bar Association
on Law Practice Management. This was to help insure that each of
our clients is always treated like a person -- not a file! We recognize
that you are innocent victims and that you have placed your trust
in us. Please understand that we understand what you are going through.
Feel comforted that we are here to help you.
If
you retain KENNETH VERCAMMEN to represent you, we will give you
the same advice we give each of our clients -- concentrate on your
life, you family and your health. We will take care of everything
else. Leave all of the work and worry about your legal rights to
us. Trust us. Believe in us. Have faith in us as your attorneys.
Understand that we will always to do what we believe is best for
you and your case. Helping you is our job. In fact, it is our only
job -- guiding injury victims like you through one of the most difficult
times of your lives, with care and concern -- while fighting aggressively
to the limits of the law to obtain compensation and justice for
each of you!
Print
our Personal Injury Questionnaire on our Website, Fill it out and
Fax back, so we can determine if we can help you obtain an injury
settlement. We would welcome an opportunity to prove to you what
we have proven to thousands of injured clients -- that you can feel
comfortable and secure in the fact that KENNETH VERCAMMEN - Trial
Attorney We Fight To Win.
When
you have been injured in an accident or collision, you are worried
about who is going to pay your medical bills, lost wages, and other
damages. The last thing you want is to be taken advantage of by
an insurance company. If you don’t protect your rights, you
may not be able to make a claim.
Insurance
companies have attorneys and adjusters whose goal is to pay you
as little as they can. You need a New Jersey personal injury lawyer
to fight for you. I am dedicated to helping your recover as much
money as possible under the law.
You
need an attorney who will work hard to protect your rights, maximize
your insurance settlement and minimize the hassles of dealing with
the insurance companies. You need an experienced and aggressive
New Jersey trial lawyer with PROVEN RESULTS who will fight for you.
Having an experienced personal injury lawyer can make the difference
between getting what you deserve and getting nothing.
Without
the threat of a lawyer who is willing to go to trial and seek a
big jury verdict, why would an insurance company pay you what your
claim is really worth? Lawsuits can be expensive, and many people
do not have the money to pursue their claim. In every case, I advance
all costs associated with pursuing your case and I do not ask you
for a penny until we recover from the other side.
I
am an experienced aggressive trial lawyer abd 3rd degree Black Belt.
I am not afraid to take your case to trial if that is what it takes
to maximize the amount of money your recover for your personal injury.
I offer one-on-one service, and I will not hand your case off to
an inexperienced lawyer or a paralegal.
Reduce
the stress of making a claim.
Personal
injury accidents can turn your life upside down. Making a personal
injury claim can be difficult and time consuming. Once I take your
case, you can stop worrying about dealing with the insurance companies
and focus on recovering from your injuries. I take care of all of
the paperwork, phone calls, and negotiations, so you can get on
with your life.
p.s.
For those clients who are afraid or reluctant to go to Court, KENNETH
VERCAMMEN also offers a special -- “For Settlement Only”
-- program. This means that if we are unable to settle with the
insurance company, we will not go any further -- unless you want
us to. You have my personal assurance that there will be absolutely
no pressure and no obligation.
We
handle personal injury cases on a contingency fee basis.
This means:
YOU DON’T OWE ME A LEGAL FEE UNLESS I RECOVER MONEY FOR YOU.
Call
our office to schedule a "confidential" appointment 732-572-0500
Kenneth
A. Vercammen is the Managing Attorney at Kenneth Vercammen &
Associates in Edison, NJ. He is a New Jersey trial attorney has
devoted a substantial portion of his professional time to the preparation
and trial of litigated matters. He has appears in Courts throughout
New Jersey each week on personal injury matters, Criminal /Municipal
Court trials, and contested Probate hearings.
Mr. Vercammen has published over 125 legal articles in national
and New Jersey publications on criminal, elder law, probate and
litigation topics. He is a highly regarded lecturer on litigation
issues for the American Bar Association, NJ ICLE, New Jersey State
Bar Association and Middlesex County Bar Association. His articles
have been published in noted publications included New Jersey Law
Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer.
He is the Editor in Chief of the American Bar Association Tort and
Insurance Committee Newsletter.
Admitted In NJ, NY, PA, US Supreme Court and Federal District Court.
Contact
the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
for an appointment
The
Law Office cannot provide legal advice or answer legal questions
over the phone or by email. Please call the Law office and
schedule a confidential "in office" consultation.
Disclaimer
This web site is purely a public resource of general
New Jersey information (intended, but not promised or guaranteed
to be correct, complete, or up-to-date). It is not intended be
a source of legal advice, do not rely on information at this site
or others in place of the advice of competent counsel. The Law
Office of Kenneth Vercammen complies with the New Jersey Rules
of Professional Conduct. This web site is not sponsored or associated
with any particular linked entity unless specifically stated.
The existence of any particular link is simply intended to imply
potential interest to the reader, inclusion of a link should not
be construed as an endorsement. Last Revised
April 8, 2008
- İ 2008
Kenneth Vercammen & Associates, P.C.
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