| Compiled
by Kenneth Vercammen, Esq. from various sources
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.
I request that all clients do as much as possible to cooperate
and help in every way. Helping us is just another way of helping
yourself.
PAIN AND SUFFERING 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.
Interrogatory Questions and Discovery 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.
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 therefor. Also save
all bottles or containers of medicine.
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.
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.
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.
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.
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.
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