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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 Serious Injury.
1. Stop . . . do not leave the scene of the accident CALL THE POLICE,
tell them where the accident occurred and (ask for medical help if needed).
2. Get names, addresses, and license numbers of all drivers involved.
3. Get description and registration number and insurance information of
all cars involved. License Plate Number __ Registration # __ Make __ Year
__ Damage __ Insurance Company __ Insurance Policy Number __
4. 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.
5. While waiting for police, write down- Accident Information Date __
Time __ Location __ Weather __ Road conditions __ Damage __ Estimate speed
of the car __
6. Summary of accident __
7. Diagram of accident
8. Call an ambulance. 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 .
9. Obtain name of Police Officers, Department and Badge Number
10. 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 police, your attorney and with representatives of your insurance
company. Give the other party only your name and address. - Be cooperative
with the police.
11. Call your insurance company to report the accident.
12. Call a personal injury attorney, 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.
13. 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, IF YOU HAVE BEEN HIT BY A
CAR AS A PEDESTRIAN WALKING:
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 court, police station or other hearings
without first consulting with your attorney. INFORM YOUR ATTORNEY PROMPTLY
of any hearing notice, subpoenas 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 car insurance/PIP, 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 for pedestrians hit by cars and injured
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 an opposing party. 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. If
you have been injured, but not in a car accident, most of this brochure
is still applicable to an accident case, whether it is a fall down, dog
bite or other injury.
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 [This determines who pays your medical bills, even if you were walking
or even hit while exiting your car!] 4. Car Insurance Policy 5. Photos
of damage to your clothes and property 6. Photos of accident site 7. Major
Med 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. (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 First and Major Medical Second
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. This is true even if you were hit by a car as a pedestrian!
A pedestrian is eligible for car insurance benefits under our State automobile
insurance laws. See N.J.S.A. 39:6A-2(h); Nuang v. Pennsylvania Nat. Mut.
Cas. Ins. Co., 224 N.J. Super. 753, 756 (App. Div. 1988). Thus, plaintiff
was eligible for payment for medical bills through their own car insurance/PIP
coverage in two ways. He was eligible through his mother's automobile
insurance PIP coverage because he was a member of her family residing
in her household who sustained bodily injury as a result of an accident,
while a pedestrian, caused by an automobile. See N.J.S.A. 39:6A-4. He
was also eligible for PIP coverage under defendant's automobile insurance
PIP coverage because he was a pedestrian, who sustained bodily injury
caused by the defendant's automobile. N.J.S.A. 39:6A-4. As the primary
policy, plaintiff's mother's PIP coverage provided plaintiff's medical
expenses. N.J.S.A. 39:6A-4.2.
Please provide insurance information to each doctor, MRI facility and
treatment provider. Please request they submit bills and attending physician
reports to your car insurance company. 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 Deptartment 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.
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,
expert 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, 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
A" Interrogatory Question 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 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.
.i.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.
i.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.
.i.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.
i.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. Surveillance by Insurance Companies Remember at all times that you
may be under surveillance and, therefore, subject to being photographed
or filmed by the adverse party. Be advised that there are cases where
photographs and films have been introduced in court showing claimants
who were allegedly in serious condition participating in activities which
they alleged they were unable to do. You do not have to live in fear of
being photographed, of course, if your cause is a just one.
However, when carrying on your usual activities, keep in mind at all
times that you are subject to investigation. If you have been seriously
injured, do not do anything that will jeopardize your case during the
course of your daily life. You should always follow your doctor's advice.
If you have to do things which cause you pain, this can usually be explained
to the full satisfaction of any court or jury.
There are cases where the insurance agent has attempted to discredit
a personal injury plaintiff by taking movies of the claimant engaged in
various physical activities. In one case, large rocks weighing over one
hundred pounds were placed at the door of the garage during the night
so that claimant would have to be forced to remove the rocks in order
to drive to work. This, of course, was filmed and used to discredit the
plaintiff's claim in court.
.20. 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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