| Compiled
by Kenneth Vercammen, Esq. from various sources
The law imposes upon the owner of a nursing home, assisted living
facility and any medical facility the duty to properly care for
its residents. The owners must make the premises reasonably safe
for residents. In other words, the law says that the owner of a
nursing home or assisted living facility must exercise reasonable
care to see to it that residents are protected from neglect. The
concept of reasonable care requires the owner of nursing home, assisted
living facility to take action with regard to conditions and protect
residents from dangerous conditions. In addition to protecting residents
from neglect, if there was a condition of hallways or sidewalk that
was dangerous in that it created an unreasonable risk of harm for
residents, and if the owner knew of that condition or should have
known of it but failed to take such reasonable action to correct
or remedy the situation within a reasonable period of time, then
the owner is negligent.
If someone was injured in the nursing home, a question of negligent
and proximate cause must be answered.
What is the negligence of the nursing home? If no negligence, Kenneth
Vercammen's law office will not handle the case.
Was the negligence the proximate cause of the injury?
In addition to fall downs, if a person is injured based on negligent
"care" by a nursing home, assisted living facility, they
also could be liable for damages.
If Someone falls and is injured- at the accident scene.
1. Have someone call an Ambulance, tell them where the accident
occurred
2. Notify the property manager or owner, if possible. Insist they
observe where you fell. For example, if you fall on a slippery hallway
or sidewalk, notify the manager.
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 any identifying details.
4. While waiting for ambulance, try to write down- Accident Information
Date __ Time __ Location __ Weather __
5. Write Summary of accident __
6. Diagram of accident location
7. If you have any reason to suspect you were injured in the 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 Ambulance crew, Police Officers, Department
and Badge Number, 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.
10. Have immediate photos taken of accident site.
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.
Financial Recovery if Injured Based on Neglect or Negligence of
a Nursing Home or Assisted Living Facility
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 now
wish to prosecute a claim against a negligent property owner and
its insurance company. As the attorney of record, we can bring on
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. Photos of
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
IF YOU HAVE BEEN INJURED BASED ON NEGLECT OR NEGLIGENCE
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. If you or any witnesses should move,
be sure to notify your attorney of the new address. 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 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.
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. (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. Submit Bills to Major Medical Immediately
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.
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.
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 complaint, investigation, reports, depositions,
witness fees, hospital/ medical records, etc.
7. 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 and others. 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.
Kenneth Vercammen's office generally does not file a Complaint
until the treating doctor signs an affidavit of merit setting forth
why the injury is permanent and the diagnostic tests upon which
the permanent injury is based. You will need to speak with your
doctor to ask if you have a permanent injury.
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 Interrogatory Questions which are contained in the Rules of
Court to be filled out in all injury cases. 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 twelve 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, damaged
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 the bed, accident site, etc.,--anything
that may be connected--directly or indirectly--with your injury.
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 If the injured person was employed, keep a complete
record of all lost wages.
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.
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.
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 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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