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Persons who fall down or are in car accidents often do not feel
pain in their knee until the next day. Testing for knee damage could
include: muscle conduction tests, MRI, CT scan, and X-ray. A person
concerned about a knee injury should probably consult an orthopedic
doctor who can order and read most of the above tests. 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! If our Law Office
can provide experienced attorney representation if you are injured
in an accident and suffer nerve damage.
Even in a low impact accident, there can be a knee injury. According
to medical journal excerpts:
1) "The truth is that all driving can be dangerous. More than
80 percent of all car crashes occur at speeds less than 40 mph.
Fatalities involving non-belted occupants of cars have been recorded
at as low as 12 mph. That's about the speed you'd be driving in
a parking lot."
Seat belt safety pamphlet, number D)T HS 802 152, distributed by
the U.S. Department of Transportation, National Highway Traffic
Safety Administration.
2) "The amount of damage to the automobile bears little relation
to the force applied to the cervical spine of the occupants. The
acceleration of the occupant's head depends on the force imparted,
the moment of inertia of the struck vehicle, and the amount of collapse
of force dissemination by the crumpling of the vehicle. The inertia
of the struck vehicle is related to the weight and the relative
ease with which the vehicle rolls or moves forward."
Charles Caroll, M.D., Paul McAfee, M.D., Lee Riley, Jr., M.D.:
Objective findings for diagnosis of "whiplash". Journal
of Musculoskeletal Medicine, March, 1986, pp. 57-74.
3) "The accident does not need to be severe in order to generate
cervical trauma. Using the brakes when the light suddenly turns
red and when the neck is too relaxed is enough to cause trauma.
The neck may be projected backwards even though not violently. The
head, which weighs five kilograms and is balanced over the cervical
spine, being supported by only two small articular surfaces no greater
than a thumbnail, is also thrown backwards pulling the cervical
spine with it. In addition, a sudden reflex contraction of the flexors
on the neck occurs with a certain delay. We shall not describe all
the details of the mechanism of the production of these whiplash
injuries..."
It is easy to imagine that the joint injuries are not the same
if, during a collision, or any other accident, the head is directed
along the axis of the impact or if the head is rotated or if the
impact is directed laterally. In the final analysis, it is the result
of the injury which is important."
Robert Maigne, M.D., Orthopedic Medicine - A New Approach to Vertebral
Manipulations, CC. Thomas, 1972, p. 196.
4) "The position of the head at the moment of collision influences
the type of injury. This is particularly true of the degree of rotation
in relationship to the direction of the impact...the foramen are
open equally when the head faces forward but are narrowed on the
side toward which the head is laterally flexed or to which the head
is turned. Not only will the already narrowed foramen be compressed
ligaments will be far more damaging. Rotating the head at the time
of collision increases the possibility of more serious injury."
Rene Cailliet, M.D., Neck and Arm Pain, 1972, Davis Company, p.
69.
Although no specific studies are available for analysis, some medical
authors have suggested the possibility that perhaps collisions that
produce little physical damage place the occupants at GREATER risk
of injury. The crumpling of metal during a collision is believed
to absorb some of the force generated by the impact. Where little
damage is produced, it may suggest that none of the force was absorbed
by the metal, leaving it to pass through the automobile, thereby
exposing the occupants to the full force of the impact.
In early 1989, Dr. Francis Navin, a professor of Civil Engineering
at the University of British Columbia and a scientific team of investigators
conducted simulated low-speed rear impact studies at the UBC Accident
Research Facility in Vancouver to assess vehicle damage and occupant
injury from this type of collision. The investigators set up a simulated
experiment in which a heavy pendulum was swung at speeds lower than
20 km/h to strike the rear bumper of a Volkswagen Rabbit carrying
bolted crash dummies. Later that year, Dr. Navin published his findings
at an international conference on experimental safety vehicles in
Gothenburg, Sweden.
The results of their studies showed that the test occupants were
flung forward and rotated at higher speeds than impact "in
an attempt to catch up with the car."
According to Dr. Navin, "It was observed that the resulting
deflection of the seat-back, with subsequent rebound tends to pitch
the occupant forward during impact with the shoulder displacement
leading the head. The relative head to shoulder motion is the likely
source of whiplash injury."
The investigators also noticed an absence of structural damage
to the rear bumper of the Rabbits when struck by the pendulum at
speeds of up to 15 km/h. This led Dr. Navin to the same conclusion
of earlier American studies which demonstrated that rear-end collisions,
unlike most other types of collisions, frequently result in "minor
car damage with major bodily harm."
Dr. Navin's findings are fully explained in the proceedings of
the 12th International Conference of Experimental Safety Vehicles,
May 29 - June 1, 1989, Gothburg, Sweden, in the article "Low
Speed Rear Impacts and the Elastic Properties of Automobiles",
as well as in the Proceedings of the Multi-disciplinary Road Safety
Conference VI, June 5-7, 1989, Fredricton, New Brunswick, in the
article "An Investigation Into Vehicle and Occupant Response
Subjected to Low-Speed Rear Impacts."
1) "Long-term studies show that aches and pains with no evident
physical cause persist in 20% to 45% of patients with significant
whiplash injuries."
"Roentgenographic studies show that degenerative problems
develop after injury in 39% of patients. By comparison only 6% of
the general population over age 30 develops degenerative changes
over a comparable time. Thus, it would seem that whiplash injuries
predispose patients to cervical degenerative osteoarthritis."
Charles Caroll, M.D., Paul McAfee, M.D., Lee Riley, Jr., M.D.:
Objective findings for diagnosis of "whiplash". Journal
of Musculoskeletal Medicine, March, 1986, pp. 57-74.
2) "From the discussion of the natural history of the degenerative
process, it will be appreciated that this process is often a continuing
one and therefore we cannot expect a permanent cure from manipulation
or from any modality, including operation."
W.H. Kirkaldy-Willis, M.D., Managing Low Back Pain, 1983, Churchill
Livingstone, pp. 183.
3) "In addition there are long term effects of injuries [automobile
accidents] which do not become evident until years after the insult,
for example with osteoarthrosis of joints and epileptic seizures."
Aldman B., Mellander H., Mackay M., The Structure of European Research
into the Bio-mechanics of Impacts, in the quarterly journal of the
American Association For Automotive Medicine, April, 1986, p. 26.
4) "If the displacement (post-traumatic disc protrusion) is
left where it is to get larger or smaller as fortune dictates, it
will sometimes take the latter course. Even so, the longer the protrusion
lasts, the more time it has to stretch the posterior longitudinal
ligament, perhaps irretrievably, thus enhancing the likelihood of
further attacks. The prevention of eventual pressure on a root or
the spinal cord is clearly the reduction of the displacement (manipulation)
when it first appears. James Cyriax, M.D., Textbook of Orthopaedic
Medicine, Tindall, 8th edition, 1982, p.103.
5) "Disk disruption in milder cervical trauma may be the cause
of acute as well as chronic pain syndrome...This type of pain pattern
can become chronic over many years without resolving. The areas
affected by pain include the neck, inner part of the scapula, shoulder,
and arm. This pain is relieved by rest, immobilization, and traction.
The pain recurs when the patient becomes active again."
Bohlman HH: Musculoskeletal Disorders, ed. by Robert D. D'Ambrosia,
M.D., 1977, J.B. Lippencott Company, pp. 220-222.
This points out that the fear that symptoms associated with traumatic
soft-tissue injury will return in the future is an opinion shared
by many respected medical authorities, and reported in numerous
medical texts, journals and professional papers. The sequela of
post-traumatic injury, especially as it relates to joint function,
are well established in the medical literature, and carry a significant
predisposition for further dysfunction and painful syndromes. Financial
Recovery for persons suffering damage and seriously injured in accidents,
both car accidents and fall downs:
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 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 Car Insurance and 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 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.
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 kind. 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
coverages 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, wife, 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, 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, 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.
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