| Compiled
by Kenneth Vercammen, Esq. from various sources
If injured and burned, all burns should be covered with sterile
non-adherent dressings. Chemical burns should be washed with large
quantity of water; vinegar may be added to the water for alkali
burns, and sodium bicarbonate may be added to the water in case
of acid burns. Symptoms: Redness (first-degree burns), blistering
(second-degree burns), charring of skin (third-degree burns). Treatment:
Cold water may be applied to first- and second-degree burns.
Kenneth Vercammen, Esq. Helps persons injured as a result of negligence
of another person or company
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 a negligent
property owner and its insurance company. As the attorney of record,
I will be bringing this 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.
AT THE ACCIDENT SCENE
1. Stop . . . do not leave the area of the accident. CALL THE AMBULANCE,
tell them where the accident occurred and (ask for medical help
if needed). 2. Notify the property manager or owner, if possible.
Insist they observe where you were burned. 3. Get names and addresses
of all witnesses Witnesses will be a tremendous help to you in any
subsequent court action if there is any question of liability involved.
Get the names and addresses of as many witnesses as possible. If
they refuse to identify themselves, jot down the license plate numbers
of their automobiles. Do not discuss the accident with the witnesses.
Do not give the witnesses' names to anyone but the police, your
attorney or your insurance company.
4. While waiting for ambulance, write down- Accident Information
Date __ Time __ Location __ Weather __
5. Summary of accident which caused the burns __
6. Diagram of accident location
7. Call an ambulance. If you have any reason to suspect you were
injured in any accident, go to a hospital immediately or see a physician
promptly. You'll want it on record that you sought treatment right
away, not in a week or so.
8. Write down name of Police Officers, Department and Badge Number,
Ambulance crew, etc.
9. Do not assign or accept blame for the accident. - The scene
of the accident is not the place to determine fault. Discuss the
accident only with the ambulance and medical personnel, your attorney
and with representatives of your insurance company. Give the other
party only your name and address. - Be cooperative with the police.
10. Have immediate photos taken of accident site and of the burns.
11. Call a personal injury attorney immediately, not a real estate
attorney. Call Kenneth A. Vercammen- Trial Attorney Attorney At
Law (732) 572-0500 When you need help the most, we will be ready
to help you.
12. Never give a signed statement to the claims adjuster representing
the property owner'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.
The law imposes upon the owner of commercial or business property
the duty to use reasonable care to see to it that their property
is reasonably safe for members of the public who are using them.
In other words, the law says that the owner of commercial property
must exercise reasonable care to see to it that the condition of
the property is reasonably safe and does not subject people to an
unreasonable risk of harm. The concept of reasonable care requires
the owner of commercial property to take action with regard to conditions
within a reasonable period of time after the owner becomes aware
of the dangerous condition or, in the exercise of reasonable care,
should have become aware of it.
IF YOU HAVE BEEN BURNED AS A RESULT OF NEGLIGENCE OF ANOTHER
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 hearings without
first consulting with your attorney. INFORM YOUR ATTORNEY PROMPTLY
of any notice, request or summons to appear at any 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 coverages such as
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.
Financial Recovery if burned
1. 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. (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.
2. Clients should provide my office with the following 1. Any bills
2. All Hospital or doctor records in your possession 3. Photos of
burns, scars, cuts, bruises 4. Photos of damage to your clothes
and property 5. Photos of accident site 6. Major Med Card 7. Paystub
if lost time from work
3. Submit Bills Directly to Major Medical Second
4. 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.
Remember that suffering does not entail mere physical pain; suffering
can be emotional and can be transmitted to your family, friends,
and co-workers. 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.
5. 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 complaint, investigation, reports, depositions,
witness fees, hospital/ medical records, etc.
6. Investigation and Filing of Complaint Procedurally, the following
events occur in most personal injury cases. First, your attorney
must complete the investigation. 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.
7. Kenneth Vercammen's office generally does not file a Complaint
until the treating doctor signs an affidavit of merit setting forth
how the burn injury is permanent. You will need to speak with your
doctor to ask if you have a permanent injury or scar.
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 A" Interrogatory Questions 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 required 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 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 any 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.
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 a Confidential
Appointment
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