Personal Injury Articles from NJ Personal Injury Law Center: 2016

Wednesday, December 28, 2016

Wrongful Death in New Jersey. Accident Representation in NJ

Wrongful Death in New Jersey. Accident Representation in NJ

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.
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In a Wrongful death jury trial in New Jersey, we [ your trial attorney] will research the current caselaw.

The plaintiff brings this lawsuit as the representative of the survivors of the decedent and seeks to recover damages from the defendant contending that defendant's fault was responsible for the death of the decedent. The money damages sought on behalf of the survivors of the decedent represent the actual pecuniary or financial loss which plaintiff contends has been and will in the future be suffered by the survivors due to the death of the decedent. This claim for pecuniary or financial loss is distinguished from any physical injuries or suffering that may have been sustained by the decedent, such as any pain and suffering or disability sustained by the decedent. In the event that you find in favor of the plaintiff, that is, that the defendant was at fault, which fault was a proximate cause of plaintiff decedent's death, you must limit your consideration to whatever financial loss was suffered by the survivors as measured by what they would have received from the decedent within a reasonable degree of probability if the decedent had survived. I instruct you that the pecuniary injuries or money losses in this case should not include emotional distress, anguish, grief and sorrow or loss of emotional satisfaction derived from the society and companionship of the decedent. These matters, though real and very distressing, cannot be considered in determining the extent of the financial or pecuniary loss suffered by the survivors who are represented in this action by the plaintiff. The financial loss does include, however, not only actual monies which would have been contributed to or earned for the benefit of the survivors, but it also includes the reasonable value of benefits which would have been received in the nature of services, assistance and care as well as training, guidance and counsel that the decedent's survivors (such as children, parents or spouse) would have received had the decedent lived. To determine the amount of damages to be awarded, i.e., the extent of the financial loss caused by the premature death of the decedent, all circumstances and probabilities which bear upon that financial loss may be considered. The following are factors that you may weigh: 1. You may consider the age and general state of health of the decedent and of the survivors. [You will recall that there was testimony concerning their life expectancies as of the date of the decedent's death (and the decedent's work life expectancy). These figures are in evidence and are assumptions based on probable length of life which have been computed from statistical data. They are general rules and you should therefore use them with caution in any individual case. Except for this incident the decedent might have lived much longer than estimated by the actuarial period of time. You should consider the expectancy figures in your determination of damages, if any, to be awarded for financial losses in accordance with my instructions in this case, but you must exercise your sound judgment in computing them. Do not treat them as a necessary or fixed rule.]See footnote 1 2. You should consider the net earnings of the decedent after taxes as of the time of his/her death. You should give due regard to any evidence concerning [the decedent's income tax liability and you should also consider]See footnote 2 the decedent's potential future net income during the balance of his/her working life expectancy. The reason for considering net income is that only that portion of his/her income after taxes, not gross income, would have been available for the benefit of the decedent's survivors who are represented by the plaintiff in this case.

[Add where decedent is a minor child:

In this case, since the decedent is a minor child, you, the jury, should consider the value of the reasonably anticipated direct financial contributions which would have been made by the child to the survivors after he/she became a wage earner. You should also take into consideration any actual financial contributions, if any, which the decedent, while living, may have made to the survivors in determining the pecuniary loss to them. ] 3. You should also consider the decedent's own personal expenses. Therefore, it is necessary that you find to what extent the net earnings of the decedent were necessary for his/her own use, maintenance and personal needs. In determining the pecuniary loss of the survivors there must be deducted from the net earnings of the decedent whatever sums fairly represent expenses for his/her own maintenance since it is obvious that these monies could not have been used for the benefit of the survivors. 4. You may also consider the benefit given by the decedent to a survivor or survivors in the form or services or assistance rendered by the decedent and in guidance and training which may have been offered by the decedent to the survivors. You must determine the reasonable value to be placed on the services or benefits that will be lost by reason of the death of the decedent.

[Add where decedent is a minor child:

In this case, since the decedent is a minor child, your assessment of damages for the loss of services and assistance may be somewhat complicated, so let me elaborate on this point further. In addition to the loss of anticipated direct financial contributions from the decedent to the survivors which I noted previously, you, the jury, should also consider the pecuniary value of the loss of the child's anticipated services to the survivors, such as household chores and baby-sitting for younger siblings, for example. You should also consider the value of the parents' [or other survivors, where applicable] loss of the child's care, companionship, advice and guidance as they grow older. You must remember, however, that your award for damages for these losses will be confined to their pecuniary value, excluding emotional loss. With respect to companionship, care, and advice you must initially distinguish between their emotional value and their pecuniary, or economic, value. We recognize that children may prove valuable services such as companionship, care, advise and guidance over time as the parents face advanced age or declining health.

Care and companionship, lost by death, to be compensable must be that which would have provided services substantially similar to those provided by the "companions" or "homemakers" often hired today by the aged or the infirm, or substantially equivalent to services provided by nurses or practical nurses. [Companionship in this sense, however, will not include true nursing services unless the decedent had or was likely to have special training.] The value of these services must be confined to what the marketplace would pay a stranger with similar qualifications for performing such services. [In interpreting the criteria or "similar qualifications" you may also attach a pecuniary value to the knowledge of the parents' likes, dislikes and habits which the decedent may have possessed.] Remember, however, that no pecuniary value may be attached to the emotional satisfaction gained by the parent when the child performs these services.) The loss of the decedent's guidance, advice and counsel to the survivors is likewise to be confined to its pecuniary element. It is not the loss simply of the exchange of views, no matter how perceptive, when the child and parent (or other survivor, where appropriate) are together; it is certainly not the loss of pleasure which accompanies such an exchange. Rather, it is the loss of guidance, advice and counsel which all of us need from time to time in particular situations, for specific purposes, perhaps as an aid in making a business decision, or a decision affecting one's life generally, or even advice and counsel needed to relieve depression or personal dilemmas. It must be the kind of advice and guidance that could be purchased from a business advisor, a therapist, or a trained counselor, for instance. Now, taking the foregoing principles into consideration, it is up to you, the jury, to decide what services the decedent would have rendered to the survivors, and what the value of these services is. In doing so, remember that there need be no proof that the parents (or other survivors, where appropriate) will probably purchase such companionship and advice; it is sufficient that the deceased would have rendered them if he/she had lived. 5. In considering those various factors, and in ascertaining the probabilities of pecuniary loss, you should also consider the decedent's personality and character, his/her habits and customs and the relationship that existed between the decedent and the survivors. If you find that plaintiff is entitled to an award, the amount that is recoverable is comprised of two parts: (a) the amount of the loss to date; and (b) the present value of future financial loss.

However, you will announce your verdict in one lump sum of money totaling these two parts. The first thing that you must determine, once you have decided that the plaintiff is entitled to recover, is the amount of the financial loss from the date of death to the present date. To do this you must agree on an amount which will represent the loss sustained by the survivors each year, and simply add these amounts for each year elapsed since the date of decedent's death to the present time. The next determination you must make is the present value of the loss that may reasonably be anticipated from this time on into the future. This computation is a little more complicated. In arriving at such present value of future loss, it would be improper to take the amount of loss, such as a certain number of dollars per year, and simply multiply that amount by the number of years which you find constitutes the time that the decedent would have continued to contribute to the survivors. The reason for this is that if plaintiff is entitled to an award, the survivors will receive their award of damages in one lump sum, whereas, had the decedent lived, the financial contribution to the survivors would have been spread over a period of time. A sum of money due at some future time is worth less today because, if paid today in a lump sum rather than in installments, the lump sum received today can be invested to earn interest. For example, if you were to determine that the amount of survivor's yearly loss was $100 and that this loss would extend over a period of 10 years and then you simply multiplied $100 x 10, your award of $1,000 would be too much. This is so because the lump sum awarded now can be invested and produce interest income. Such an award, therefore, would have a greater value than just $100 a year. It would have a value of $100 a year plus the interest. Therefore, if you were to make an award (merely by multiplying $100 x 10 years), the survivors would receive more than their actual loss, or $1,000 plus the interest it would earn. For this reason, the proper method of determining the present value of future losses requires that the total amount of future losses be reduced by a certain amount. This is done by making an allowance for the interest that this total sum of money would earn for such period of time. This allowance is calculated by a process called discounting or reducing the total future financial losses during the period of expectancy by applying a fixed interest figure. In other words, you should determine the amount of survivor's yearly loss, if any, and then award a lump sum which when invested will pay out from that lump sum, plus the interest it will earn, an amount equal to the yearly loss to the survivor. Furthermore, the fund you create must be completely used up or exhausted at the end of the period of the loss. In making this computation you may also take into account the extent to which inflation will probably reduce the value of money during the period of the loss. You may determine to what extent the purchasing power of the dollar will be recovered because of inflation, you should increase the total amount of your award for anticipated future financial losses in order to offset the extent by which inflation will reduce the value of the dollar in the future. You should also know that any award you may make is not subject to Federal income tax. However, the interest earned on the amount of your award will be subject to income taxation. And, therefore, you should increase the fund to account for the survivors' increased tax liability. So, in evaluating future losses, there are several factors which should be considered by you in arriving at your computation of future losses. Remember with respect to future losses that you are creating a present fund which will be used to pay plaintiff from the principal sum and the interest it earns in an amount equal to a survivor's yearly loss so that at the end of the period of time you determine this loss will be sustained, the fund plus the interest will be used up. Let me repeat the factors you should consider when determining an amount to compensate plaintiff for future losses: (1) The amount of the survivor's yearly loss. (2) The period of time over which said loss will be incurred in the future, i.e., from today's date forward for that period of time you determine to be the balance of decedent's work life expectancy. (Remember you will have already determined the loss from the date of death to today). (3) That the fund should be discounted to reflect the interest the fund will earn. (4) The extent to which inflation may or may not affect the value of the financial loss. (5) That no income tax will be imposed on the sum awarded but that the interest earned by the fund will be subject to Federal income tax. I am now going to give each of you a sheet of paper which contains a step by step illustration of how to compute the present value of a survivor's future pecuniary loss. The sheet also contains an example from an imaginary case to show you how the various formulas are applied. Keep in mind that the numbers used in the example are not taken from this case and are not intended to suggest what figures you should use. The amount of any given survivor's financial loss, interest rates and discount rates must be based upon your own sound judgment resulting from your understanding and analysis of the evidence in the case as well as your collective experience and common sense. [An expert testified as to his/her analysis of future wage increases and discount rates relative to inflation and gave you his/her opinion of what the discount and inflation rates should be in this case. giving due regard to his/her credibility, you may use those trends and rates in arriving at your own independent single appraisal of the survivors' actual pecuniary losses].See footnote 3 Arriving at a figure that represents the plaintiff's financial and pecuniary loss due to the decedent's premature death is difficult. Remember that your decision should be based upon your own common sense judgment of the amount of money and the value of services and guidance decedent would have contributed to the welfare of the plaintiff.

Thus, to recapitulate, if you find plaintiffs are entitled to an award based upon the rules of law I have given you, then in determining the amount of award because of the premature death of decedent you must first determine the amount of financial loss suffered from the date of death to the present time. To arrive at that figure you must add the amount of plaintiff's yearly loss for the number of years from the date of death to the present time. Next, you should add to that amount a sum which represents the future loss from today calculated in accordance with my instructions.

COMPUTATION OF PRESENT VALUE OF FUTURE FINANCIAL LOSS:

1. Insert here the total amount of money the survivor has lost by reason of the death. $______ 2. Insert here the average annual rate of interest for the period of the survivor's loss. _______% 3. Insert here the amount of money which is necessary to be invested at the rate determined in 2. in order to yield the loss determine in 2. [Formula: Subtract the rate set forth in 2. from 100%. Then multiply the number in 1. by that percentage]. $______ 4. Insert here the average annual rate of inflation for the period of the survivor's loss. __________% 5. Insert here the amount of money necessary to add to the survivor's loss to account for inflation. [Formula: Multiply the inflation factor in 4. by the loss set forth in 1.] $__________ 6. Insert here the amount of money necessary to compensate the survivor taking into consideration both investment and inflation factors. [Formula: Add 3. to 5.]. $__________

Example: Assuming a loss to the survivor of $1,500/year for four years with an average interest rate of eight percent and an average inflation rate of six percent: Step One: $1,500/year x four years
$6,000

Step Two: Interest rate (averaged for four years) 8%

Step Three: (100% - 8% = 92%) ($6,000 x 92% = $5,520) $5,520

Step Four: Inflation rate (averaged for four years) 6%

Step Five: ($6,000 x 6% = $360) $ 360

Step Six: ($5,520 + $360 = $5,880) $5,880

Footnote: 1 This passage in brackets should be used only where evidence of the decedent's work life has been offered or where evidence of a survivor's life expectancy is relevant to a determination of pecuniary loss and the Court has been asked to take judicial notice of the life expectancy tables.

Footnote: 2 In the event that no evidence has been produced as to decedent's income tax liability, the trial judge should consider whether this phrase should be included in the charge.

Footnote: 3 The Committee expresses no opinion as to the need for expert testimony on interest (discount) or inflation factors. It recognizes that cases involving wrongful death claims are tried without expert testimony. The charge is structured to be used in either event.

The Committee also acknowledges that Matthews v. Nelson, 57 N.J. Super. 515 (App. Div. 1959) permits the use of annuity tables contained in the Civil Practice Rules. Those tables express certain interest rates but no corresponding inflation factors.

http://njpersonalinjurylawcenter.com/wrongful_death.html?id=1071&a=

Workplace Injuries in NJ

Workplace Injuries in NJ

Edited by Kenneth A. Vercammen, Esq.

No one plans on being injured in an accident, whether it is a fall down or other situation. Speak with a personal injury attorney immediately to retain all your rights. The businesses are responsible for the maintenance of their premises. It is the duty of the manager to inspect and keep the site in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to workers and persons lawfully thereon. When the Workers Compensation Act was passed many years ago it was probably the first true no fault law in this State. With some very narrow exceptions, the question of negligence (fault) is not an issue if a worker is hurt on the job. Whether or not the employer is at fault has no impact on the worth of a case. In workers comp, employees can bring a claim against their employers worker comp carrier. However, employees cannot file a formal lawsuit against their employer. Financial recovery is limited by state law in workers comp cases. If their injury at the work place was caused by negligence of someone who is not your employer or another employee, a civil lawsuit in Superior Court. In lawsuits, negligence must be proved against someone other than the employer. It is the duty of the owner to properly and adequately inspect, maintain and keep the premises free from danger to life, limb and property of persons lawfully and rightfully using same and to warn of any such dangers or hazards thereon. You may be lawfully upon the premises as an employee or business invitee in the exercise of due care on your part. If severely injured, and the negligence was of someone other than your employer, you can retain an attorney to file a lawsuit for damages, together with costs of suit. Injured people in lawsuits can demand trial by jury. Jury trials are not permitted in workers compensation cases. The Appellate Division court in RAIMO v. FISCHERA __ NJ Super. __ docket 2201-03T5A held contractors duty of care for persons who come onto a construction site is governed by general negligence principles, which require a contractor to exercise reasonable care to maintain the site in a safe condition for any persons who the contractor may reasonably expect to come onto the site, rather than by the common law doctrine of premises liability, under which the landowners tort liability is determined by the injured persons classification as a business invitee, licensee, or trespasser.
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WHAT TO TRY TO DO AT THE ACCIDENT SCENE IF INJURED

1. Stop . . . do not leave the scene of the accident. CALL 911, 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 injured. 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 identifying features or 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 __ area conditions __

5. Summary of accident __

6. Diagram of accident location

7. Seek medical care. If you have any reason to suspect you were injured in the accident, go to a hospital immediately or see a physician promptly. Youll want it on record that you sought treatment right away, not in a week or so.

8. Write down name of Security Personnel, 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.

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 owners 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.

IF YOU HAVE BEEN INJURED AT YOUR WORK PLACE

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 police or other 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 ATTORNEYS WRITTEN PERMISSION. 7. You may have insurance coverages such as Workers Comp, 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.

Workers compensation recovery if no negligence by others, but on the job injury Original draft by Julius J. Feinson, Esq. Modified by Kenneth Vercammen, Esq. If a worker is injured on the job, the worker has three basic rights: (1) the right to medical treatment; (2) the right to receive payment (temporary disability) for lost time; and (3) the right to receive payment for any after-effects of the injury if the after-effects are found to be permanent (partial permanent disability). If you are injured, you should immediately report the accident. Make sure an accident report is filled out and write down the names of all witnesses. When a worker is injured on the job, the employer or the employers insurance company are obligated to furnish and pay for medical treatment. However, in New Jersey, the employer has the right to select the doctors who will provide that treatment, since its the employer or its insurance company who is responsible for payment of medical expenses. It follows that if the worker does not go to the authorized treating doctor, then the employer will generally not be responsible for payment of the medical expenses. When an employee is hurt on the job, the employee is entitled to receive temporary disability benefits of 70% of wages up to an amount set by the State. For example, the maximum amount for an injury in 1997 was only $496 per week. These benefits are payable on a retroactive basis if the employee is out at least seven (7) days and the treating doctor certifies that the employee cannot work. In general, temporary disability benefits will continue to be paid so long as the workers treating doctor certifies that the employee cannot work. When medical treatment is completed and the employee is able to return to work, there may be a basis for payment to the employee of benefits for the after-effects of the injury. This is called partial permanent disability and is based on a schedule which utilizes a system of assigning value to each part of the body on a scale of 1% to 100%. Generally, the issue of partial permanent disability is resolved by filing a claim in the Division of Workers Compensation. A lawyer who represents a claimant before the Division of Workers Compensation may not charge any fee in advance. An Administrative Law Judge who hears the case will set the fee (never more than 20%) and if there is no recovery, an attorney will not be allowed a fee. Finally, disposition of a claim in the Division of Workers Compensation will not always operate to end a claim. There are rights and obligations on the part of both the employer and the employee. Since an employee is not obligated to pay a fee in a workers compensation case unless awarded by the Court, it would make sense for the employee to immediately consult an attorney to protect his/her rights. The employee should also be aware of the fact that there are time limits regarding the reporting of accidents. The safest approach is, of course, to report a work related accident immediately, even if it seems relatively minor at the time. Failure to report an accident can cause delays in receiving temporary disability and other benefits. When you meet with a workers compensation attorney, the following information will be requested from you: 1. Name, address and telephone number. 2. Name, address and telephone number of employer. 3. Name, address and telephone number of any union the client is a member of, along with full details of any union benefits that may have been received or to which the client has a right. (There may be a union benefit plan which provides the employee with payments for drugs and medical bills in addition to workers compensation benefits.) 4. The job title the client held when injured, along with the clients educational background and previous employment history. 5. The nature of the employers business. 6. Your Social Security number. 7. Your sex, age, and marital status at the time of the accident. 8. The name of the employers workers compensation insurance carrier or indication of whether the employer is self-insured. 9. The exact details of how you gave notice of the accident to the employer or whether the facts and circumstances are such that the employer must have had knowledge. 10. The exact place where the accident occurred and the date and time of the occurrence. 11. A full description in your own handwriting of how the accident occurred or to the exposures if an occupational disease case. 12. Your wages or earnings and whether on time or piece-work basis, the rate per hour, or the weekly wage. 13. The date when you stopped work and the date of return to work. 14. A statement of past and present complaints, as well as a description of all body parts affected by the accident. Explain any emotional complaints since the accident to investigate the question of neuro-psychiatric disability. 15. The compensation paid for temporary or permanent disability must be ascertained. 16. Full details as to medical aid required and whether it was requested from the employer. If the medical treatment was furnished by the employer, all dates of treatment should be inventoried. If the employer refused to furnish the treatment, indicate in detail all requests made to the employer for treatment, as well as obtaining the names and addresses of all doctors who furnished the treatment. 17. Be certain you have the names and addresses of all physicians and hospitals who rendered medical treatment since the accident, including but not limited to the injuries arising from the accident. Attempt to obtain the amount of all physicians bills and prepare a file for paid and unpaid bills. If you are receiving medical treatment from a doctor of your choice or if the employer has refused to render medical treatment, the attorney must give written notification to the employer and its insurance carrier of all the details concerning your injuries and accident and the name and address of the doctor by whom he is being treated or the name and address of the doctor who is going to be treating him. The attorney must clearly indicate in the letter that this is a formal request pursuant to Title 34 for the employer/respondent to furnish medical treatment by the doctor chosen by the petitioner or, alternatively, that the respondent should immediately provide the name and address of a doctor that it wants to treat the petitioner. In Workers Compensation, the respondent controls the choice of doctor. 18. Any Blue Cross, Blue Shield, or major medical plans which cover you, as well as identification numbers, since it may be possible to obtain payment for medical bills from these plans, if the employer/workers compensation refuses to make payment. See Workers Compensation (ICLE 1983). If you are injured while working, we recommend you immediately speak with an experienced attorney.

Conclusion We appreciate that this is a great deal of information to absorb. 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 Vercammen to schedule an appointment 732-572-0500

http://njpersonalinjurylawcenter.com/workplace_injuries.html?id=1067&a=

Workers Compensation Injuries on the Job; Basic Rights and Obligations in NJ

Workers Compensation Injuries on the Job; Basic Rights and Obligations in NJ

What to Expect in a Personal Injury Case in NJ

What to Expect in a Personal Injury Case in NJ

What to do in an Accident in NJ

What to do in an Accident in NJ

What to do in an Accident

Verbal Threshold in NJ

Verbal Threshold in NJ

If verbal threshold satisfied, entire case goes to jury Gerber v. Springfield Bd. _____ NJ Super. _____(A-6662-97T1, decided February 3, 2000)

For purposes of summary judgment, plaintiff established that one of her injuries met the tort threshold for pain and suffering under N.J.S.A. 59:9-2(d). Despite the fact that other elements of her claim were insufficient to independently satisfy N.J.S.A. 59:9-2(d), once plaintiff established that any of her injuries met the tort threshold, her case as a whole must be presented to the jury.
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Limitation on Lawsuit Threshold

What is the Limitation on Lawsuit Threshold/Verbal Car Insurance Law? -It Prohibits Citizens without permanent Injuries From Recovery of Medical Deductibles and Injuries Against Drunk & Careless Drivers

Compiled by Kenneth Vercammen, Esq. from materials supplied by ATLA and other consumer organizations The car insurance laws have changed dramatically. You now have to make an important decision to protect you and your family. The new law requires your insurance company to send you a form where you choose between two types of auto insurance. One is called "No Limitation on Lawsuit option or No Threshold". The other is called "Limitation on lawsuit option or Lawsuit/ Verbal Threshold".

The insurance companies want you to choose the Limitation on lawsuit/ Lawsuit Threshold so they can make more money. What they dont want you to know is that Limitation on lawsuit/ Lawsuit Threshold limits many of your rights. With Limitation on lawsuit/ Lawsuit Threshold if you were injured in an accident caused by a drunk or reckless d river, you would not be compensated unless you suffered such injuries as death, dismemberment, disfigurement, fracture or permanent lifelong injuries.

Under the No Limitation on Lawsuit option or No Threshold, you will retain your Constitutional Rights to a jury trial if you are injured in a car accident. You may bring a claim against a driver who injures you, and be compensated for your pain, lost wages and suffering.

THRESHOLD PROTECTION- PICK NO LIMITATION THRESHOLD PROTECTION UNDER YOUR CAR INSURANCE

What you dont know about your automobile insurance can hurt you. The following important information on automobile insurance law will explain that you may already have given up your right to make a claim or sue for damages. The purpose of the law which affects all New Jersey policy holders and their families, is to change choices. We recommend no threshold and suggest you write to your insurance company immediately.

"Limitation on Lawsuit Option/ Verbal" threshold costs less than no threshold, but the reduction in cost limits your legal right to make a claim or file a lawsuit to recover money for pain and suffering if you or members of your family are injured in an automobile accident.

Q. What is the "limitation on lawsuit option"?

A. The lawsuit limitation option (also known as the verbal threshold) limits your legal rights to make a claim for monetary damages or to file a lawsuit against a careless driver unless you sustain one of the following types of injury.

Type 1 - Death Type 2 - Dismemberment Type 3 - Significant disfigurement or scarring Type 4 - Displaced fracture Type 5 - Loss of a fetus Type 6 - Permanent injury

A permanent injury occurs when a body part has not and will not heal to function normally. WE RECOMMEND THAT YOU DO NOT ELECT THE "LIMITATION ON LAWSUIT OPTION." The injury must be established by objective medical finding such as the doctors observation of the physical injuries, x-ray, CT-scan, myleogram and MRI, and if such objective evidence is not found, then I cannot successfully prosecute a claim for non-economic loss. You must agree to assist your attorney in obtaining medical records and reports in connection with a Limitation/ Lawsuit/ Verbal Threshold case.

Q. What is the "no limitation on lawsuit option"?

A. The no limitation option (also known as "no threshold") permits you to make a claim or to file a lawsuit against a careless driver for any and all personal injuries. WE RECOMMEND THAT YOU ELECT THE "NO LIMITATION ON LAWSUIT OPTION."

Q. What happens if I choose the Lawsuit Threshold and my injuries are not included in one of the 6 types?

A. You are not permitted to make a claim or file a lawsuit to recover money for pain and suffering. For example, if you injure your neck back head, arms or legs, but the injury is not permanent or your use is not significantly limited, you cant sue or even make a claim for an out-of court settlement even though your in jury required medical treatment and caused you pain and suffering.

Q. Who benefits when I am not able to make a claim or sue?

A. Careless drivers who cause accidents have no responsibility for the injuries they cause. Their insurance companies profit because they do not have to pay money to injured persons.

Q. If I choose the Lawsuit Threshold, am I the only one who cant make a claim or sue?

A. No. Lawsuit Threshold coverage applies to your spouse and any children living with you who do not have their own automobile insurance coverage. They also lose the right to sue or even make a claim.

Q. My other coverage choice, No Threshold, what is it?

A. No Limitation/ No Threshold protects your right to recover money for pain and suffering no matter what the injury.

Q. How do I choose the type of coverage I want for myself and my family?

A. When you renew or purchase an automobile insurance policy, your insurance company will provide you with a coverage selection form. You can also contact your insurance company immediately and pick No Threshold. If you need assistance, please schedule an appointment with Ken Vercammen to discuss you rights.

If, at the time of your insurance renewal, if you fail to choose NO LIMITATION/ NO THRESHOLD, you will automatically be given the LIMITATION/ LAWSUIT THRESHOLD. With the LIMITATION/ LAWSUIT THRESHOLD you will not be fully protected against a careless driver who hits you.

If you want to fully protect yourself from a negligent driver who injures you, choose NO THRESHOLD. Dont be fooled into false savings. Know what your rights are before you sign them away.

Please feel free to call Kenneth Vercammen, Esq. to schedule a for free in office consultation.. 732-572-0500

Relevant caselaw and legal argument successfully used in prior cases:

BRIEF IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT BECAUSE INJURIES EXCEED THE REQUIREMENTS OF THE VERBAL THRESHOLD __________________________________________________________

KENNETH VERCAMMEN & ASSOCIATES, PC 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500 Attorney for Plaintiff,

PLAINTIFFS INJURIES MEET THE REQUIREMENTS OF THE VERBAL THRESHOLD STATUTE.

N.J.S.A. 39:6A 8 requires plaintiff to prove his/her injuries fall into at least one of six categories as set forth in the statute. The plaintiffs injuries fulfill the requirements of #6 of the categories. Specifically enumerated:

Type (6) Permanent Injury. It is plaintiffs contention that a serious and significant injury was indeed suffered as a result of the accident. The Supreme Court case of Oswin v. Shaw, 129 N.J. 290 (1992) originally set forth that plaintiffs who can show objective evidence of injury and disability that fit the statutory definition of "serious injury" will be considered to have made out a prima facie case of "serious injury". Oswin Supra. at 318. Plaintiffs attached certification also describes plaintiffs subjective complaints and limitations. The Doctor has reviewed this Brief and is incorporating the following by reference. Plaintiff has significant limitations of both the cervical and dorsal ranges of motion as set forth herein above. There is tenderness and spasms in both plaintiffs cervical musculature and lumbar spine upon palpation. The plaintiff will experience recurring episodes of pain and weakness in the future following lifting, bending and stretching for any length of time. As the plaintiffs work and home life require such lifting, bending and stretching, she continues and will in the future continue to suffer pain and weakness in performing these necessary movements.

The Appellate Division in Owens v. Kessler 272 NJ Super. 225 (App. Div. 1994) held that a spasm is an objective manifestation of injury and summary judgment for defendants should not have been granted in this verbal threshold case since plaintiffs medical experts report, showing continued evidence of spasm after cessation of medical treatment, clearly constitutes prima facie objective evidence of permanent injury or at the very least raises a genuine issue of material fact. In Owens the motion judge erred in inferring that not having neurological treatment diminished the veracity of plaintiffs claim in the absence of medical opinion to support that inference; plaintiffs uncontradicted claims that the injuries rendered him unable to continue to participate actively in sports and interfered both with the only jobs he was able to secure and with his pursuit of a high school diploma warranted submission to a jury with respect to whether the claimed disability had a serious impact on his life. The motion judge failed to properly evaluate the medical proofs in accordance with the standard mandated by Rule 4:62-2. In Brown v. Puente, 257 N.J. Super. 203 (App. Div. 1992), the plaintiff was on summer vacation after his junior year in high school when he injured his neck and back in an automobile accident. Two years after the accident, he continued to complain of daily headaches, stiffness and chronic pain. His doctor reported evidence of limitation of motion accompanied by marked tenderness, muscle spasm and pain. He concluded that the injuries were of "a permanent nature especially since they have lasted as long as they have after the accident and course of intensive physical therapy." The Appellate Division found that the report of the plaintiffs doctor supported "an objectively determined substantial limitation of motion." In addition, the court found that the plaintiff established that the injuries had a substantial impact on his life. He certified that he had to give up high school athletics due to severe chronic pain and that he had difficulty managing as a college student since he was unable to sit or study for long periods of time. Accordingly, the court denied the defendants motion to dismiss the complaint. In Dabal v Sodera 260 NJ Super. 397 (App. Div. 1992), the plaintiff sustained injuries to her neck and back. She was treated with a variety of modalities. She was examined by medical expert Dr. Morris Horwitz, a certified disability claim evaluator, two years after the accident. Dr. Horwitz found a derangement of the cervical and lumbar spine with limitation of motion. Dr. Horwitz in Dabal diagnosed a cervical hyper acceleration injury, lumbosacral sprain and diffuse cervical and lumbar myositis. He concluded the injuries were permanent. The Appellate Division in Dabal found that the plaintiff satisfied the objective standard by providing an experts report with credible evidence of objective findings. The court found that the plaintiff also satisfied the subjective standard of "serious impact" on her life. The plaintiff stated that she cannot sit or drive more than 25 minutes and cannot sleep without pain. In addition, she said that dancing had been an important social activity in her life and that she has been unable to dance since the accident. At the outset, the Appellate Division clarified "the perspective from which a trial judge must consider a defendants verbal threshold summary judgment motion" and noted that the "judge is not to make a pre-trial determination of such factual issues." The court in Dabal noted that the plaintiff was unable to participate in a primary social activity as a result of her injuries. The court stated:

"We do not view that assertion as expressing a trivial concern to her, if, indeed, dancing had been important to her and if, her injuries have deprived her of the ability to pursue that activity. Obviously what constitutes a deprivation having only a minimal and inconsequential life-affecting impact on one person may have a serious impact on another person."

As a result, the court held that the plaintiffs injuries had a "serious impact" on her life because she was unable to engage in "social or recreational activity which had been a significant and important component of [her] way of life." In Foti v Johnson 269 NJ Super. 198 (App. Div. 1993), Judge Pressler wrote for the court that the plaintiff met the verbal threshold with production of objective medical evidence that a back injury aggravated a pre-existing condition. When an automobile is struck from the rear, it is abruptly accelerated in a forward direction. The force and suddenness of such an impact upon the occupant of a vehicle so struck, causes the neck to hyper extend beyond its normal range of motion. The occupants head is caused to strike the back of the seat and then almost instantly is jolted in the reverse direction or forward in flexion due to tissue elasticity and the deceleration of the car. This sudden hyperextension occurs within the first one quarter of a second following impact, so rapidly that the normal protective reflex mechanisms cannot function. In rear end collisions, injury results from the relative acceleration of the head and trunk of the occupant, and the degree of injury is independent of the rate of acceleration of the car. Significant discomfort may be delayed for at least 24 hours following the accident. The patients complaints may include neck discomfort, or the pain may be experienced only in the shoulder or in the arms or in the back of the head. Pain may be referred to the interscapular region or to the sub occipital region. Headaches are common. In hyperextension injuries to the neck, there is no prevention of movement until the head hits the chest wall, and this is beyond the physiologically permitted limit. Because the permitted physiological range of extension is very short when the neck is slightly rotated, the posterior joints can soon be pushed beyond the physiological range, and injury results from extension strain. Subsequent pain causes the muscle supporting the injured area to go into spasm in an effort to immobilize the area as a protective mechanism from further aggravation and injury. When ligaments and tendons have been torn, stretched or ruptured, adhesions will develop at the site of attachment. When connective tissue is injured, it is replaced by scar tissue which does not have any elastic properties or the mobility of the previously uninjured tissue. The formation of scar tissue then causes a loss in the normal range of motion which is demonstrated on neurological and orthopedic testing. The patient is subject to episodes of remission and exacerbations caused by various aggravations. Due to the mechanism of trauma induced injury there is a general weakening of the supporting soft tissue structure. A number of long term studies have indicated that pain with no evident physical cause persists in 20% to 45% of patients with significant cervical injuries. X ray studies demonstrate that degenerative problems develop after injury in 39% of patients, whereas by comparison, only 6% of the general population over the age 30 develop degenerative changes over a comparable time. Thus it appears obvious that cervical injuries predispose patients to cervical degenerative osteoarthritis. Additional studies have shown that persistent upper extremity pain, numbness, interscapular pain, cervical curve reversal or one level of localized restricted cervical motion, as early findings, have been associated with long term disability.

THERE IS A GENUINE ISSUE OF MATERIAL FACT IN THE INSTANT CASE WHICH CANNOT BE RESOLVED BY DEFENDANTS MOTION FOR SUMMARY JUDGMENT.

In Oswin v. Shaw, Supra. at 307 the Supreme Court stated:

"We choose to follow the N.Y. approach and apply the Summary Judgment model to verbal threshold determinations." The role of the Judge in summary judgment procedure is to determine whether there is a genuine issue as to a material fact, but not to decide the issue if he finds it to exist". Judson, Supra, 17 NJ. at 73 (emphasis added)."

The Oswin Court continued at 307 :

"The verbal threshold determination consists of two questions. (1) Whether under any view of the plaintiffs injuries they can be said to fall within at least one of the nine categories the New Jerseys statutes specifies, and ( 2 ) If so, whether the evidence before the court on Motion for Summary Judgment demonstrates a material dispute of fact regarding the nature and extent of the plaintiffs injuries". In Arencibia v. Rosas 270 N.J. Super 339 (App. Div. 1994), the court wrote that electro-magnetic and nerve-conducting tests, as well as x-rays, may provide the needed objective evidence required under Oswin to satisfy the verbal threshold. On September 21, 1989, plaintiff was a passenger in an automobile owned by Hector Rosas and driven by her then boyfriend, now husband, defendant Julian Rosas, in North Bergen, when it struck the rear of an automobile, owned and operated by defendant Catherine Ulrich, that was stopped at a red light. The arbitrator found Julian Rosas 100 percent liable and Catherine Ulrich 0 percent liable. Plaintiffs damages found to be $17,500.00. Rosas requested a trial de novo. Plaintiffs injuries satisfy category seven: "permanent consequential limitation of use of a body organ or member" or category eight: "significant limitation of use of a body function or system." N.J.S.A. 39:6A-8a. The medical evidence shows that plaintiff has satisfied the verbal threshold requirements as delineated in Oswin. Dr. Bravo, a neurologist, found limited range of motion in plaintiffs neck, along with moderate to severe spasm of the thoracic and lumbar areas of spine. Spasm is an objective form of evidence. Id. at 320. However, the record shows much more. Dr. Bravo also noted in his final report of September 27,1990, that plaintiffs "EMG and NCV of the left upper limb and retrocollic area were abnormal, indicating a radiculopathy with involvement of posterior rami." Likewise, Dr. Marsh found objective evidence that plaintiffs ranges of motion "were compromised." He stated that plaintiff had deep and superficial spasm of the cervical, thoracic and lumbosacral sections of the spine. He also reported that x-rays of the cervical spine revealed "reduction of the neutral lateral curve." These x-rays also indicated "marked subluxation with sprain." Under Oswin, x-rays may provide the needed objective evidence, Arencibia v. Rosas, supra. Another neurologist, Dr. Dasika found a 30 percent limitation of movement of the cervical and lumbosacral sections of the spine. Plaintiff continues to take the pain medications that Dr. Dasika prescribed for headaches and pain, Arencibia v. Rosas, supra. All of plaintiffs treating physicians concluded that plaintiffs injuries were sustained in the automobile accident of September 21, 1989, and found permanency or significant limitation caused by plaintiffs injuries, Arencibia v. Rosas, supra. In Cineas v. Mammone, 270 N.J. Super. 200 (App. Div. 1994), the plaintiff sustained injuries to his neck and back and was treated by an orthopedist, neurologist, psychologist, and an internist. Each of the doctors found objective evidence of muscle spasm and loss of motion and concluded that the injuries were permanent and disabling. In addition, the plaintiff claimed a significant impact on his life including a limitation of overtime work, household chores and sexual relations. The court found that the plaintiff provided medical reports from four treating doctors that showed decreased range of motion and spasm. Accordingly, the court held that plaintiff presented credible, objective medical evidence sufficient to establish a significant limitation of use under type 8. The court noted that the record contained conflicting medical reports because a defense orthopedist and psychiatrist found only minimal residual evidence of a mild soft-tissue injury. Nevertheless, where there is a disputed issue of fact, the plaintiff must be afforded the opportunity to present his or her evidence to the finder of fact. As recognized by the Oswin Court, nature and extent of a plaintiffs injuries are questions of fact properly reserved for the jury.

"We hold that the Court should decide only the legal issue of whether a plaintiffs alleged injuries, if evidence thereof is to be believed, would meet the verbal threshold, and we allocate the determination of the nature and extent of the plaintiffs injuries to the jury when the plaintiff shows by credible, objective medical evidence the existence of a material dispute of fact. Oswin, Supra at 322

The plaintiff was shown that a material dispute of fact indeed exists. Furthermore, it is well settled in this state that "Motions for Summary Judgment are granted only with much caution and where there are genuine disputed issues of fact, they must be resolved at a plenary hearing" Shandel v. Shell Oil Co., 195 N.J. Super. 311 (Law Div. 1984). The conflicting expert reports certainly constitute a genuine disputed issue of fact. "On motion for summary judgment, it is movants burden to exclude any reasonable doubt as to the existence of any genuine issue of material fact and all inferences of doubt are drawn against movant in favor of opponent. Only when it is palpably disclosed that there is no genuine issue of fact and that movant is entitled to judgment as matter of law should such motion be granted" Selzer v. Isaacson, 147 N. J. Super 308 (App. Div. 1977). If all inferences of doubt are to be drawn against the moving party, then defendants motion for summary judgment must be denied. In Moreno v. Greenfield, 272 NJ Super 456 (App. Div. 1994), the Appellate Division noted that "we have not lost sight of the fact that this evidence was presented at a Summary Judgment motion when all favored inferences must be granted to the plaintiff." Rule 4:46-2, Judson v. Peoples Bank and Trust of Westfield, 17 N.J. 67,75 (1954). The Court in Brill v Guardian Life 142 NJ 520 (1995) still requires the Court to review all evidence, not to just dismiss cases as the defense suggests. In Moreno the court noted that, "We will, however, independently examine plaintiffs proofs and pass on this issue. In doing so, we must view plaintiffs activities as she participated in them prior to the accident. We do not treat plaintiffs as fungible commodities." The plaintiff Moreno was an active twenty-two year old who set forth in her certification certain things that she cannot perform including dancing and aerobics. The court noted that each of these difficulties in themselves appear relatively minor, especially when viewed by judges of a different generation. Yet we can appreciate that in the aggregate plaintiff has described loss of a segment of her youth. The total picture is more of a person of middle age rather than a young woman of twenty-four. Her continuing efforts to continue as close to a normal life style as she can, even in the face of back pain associated with her proven physical injuries, should not disqualify her claim. A jury should find that the totality of the disability from the accident has a "serious impact on the plaintiffs life," quoting Oswin v. Shaw, 192 N.J. at 319, Moreno Slip Op at 9-10. In Cavanaugh v. Morris, 273 NJ Super 38 (App. Div. 1994), the court noted in sum, a complaint alleging a permanent soft tissue injury survives a defense motion for summary judgment if the four propositions are met. The court in Cavanaugh noted that the report of continuing spasm long after the accident meets Oswins objective medical-evidence requirements. The court noted the legislatures verbal threshold scheme patently did not intend to excluded all soft tissue injuries. The trial courts must carefully scrutinize plaintiffs proofs offered in opposition to a summary judgment in the light of Oswin and subsequently developing jurisprudence fairly to determine whether the claim for non-economic loss may continue. The court again reversed and remanded the granting of summary judgment.

___________________________ write in name of patient Plaintiff,

v.

Defendants. SUPERIOR COURT OF NEW JERSEY LAW DIVISION: _________ COUNTY

DOCKET NO.

Civil Action

AFFIDAVIT of Merit Under N.J.S.A. 39:6A-8.a. THAT INJURIES EXCEED THE
LAWSUIT/VERBAL THRESHOLD

I ______________________________ (physician) certify that: 1. I am a permanent resident of this State and a physician licensed to practice medicine in the State of New Jersey. I am and have been in the actual practice of ___________________ since __________, which includes my residency training. I graduated from _______________________ and have been licensed in New Jersey for ______ years. 2. I am a licensed physician as defined in N.J.S.A. 45:9-5.1. 3. I am the licensed treating physician to the Plaintiff or a board certified licensed physician to whom the Plaintiff was referred by the treating physician. Any opinions set forth herein are within a reasonable degree of medical probability. 4. The Plaintiff, as a result of a motor vehicle accident on _____________ sustained the following injury: (give diagnosis) ______________________________________________.

5 I am not a relative either through blood or marriage of the patient/plaintiff. 4. My opinion is based upon the circumstances and examination of the patient, plus a history of the condition. 5. I last examined the patient on _____________ and determined the following clinical conditions: __________________________________________________________ ____________________________________________________________________________ _____________________________________________________

6 Such injury has resulted in permanent injury. Permanent injury which means a body part or organ or both has not healed to function normally and to medical probability will not heal to function normally with further medical treatment. 7. This certification is based upon the following objective clinical evidence: ____________________________________________________________________________ ____________________________________________________________________________ _ 8 Any testing referred to above is not experimental in nature or dependent entirely upon subjective patient response.

I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Date: _______________________ ___________________________________ (physicians signature)

STATE OF NEW JERSEY, COUNTY OF MIDDLESEX SS.:

I CERTIFY that on ___________________________, 2004 the doctor personally came before me and acknowledged under oath, to my satisfaction, that this person (or if more than one, each person): (a) is named in and personally signed this document; and (b) signed, sealed and delivered this document as his or her act and deed.

------------------------------------------------------ Notary Seal

KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030

http://njpersonalinjurylawcenter.com/verbal_threshold.html?id=1022&a=

Uninsured and Underinsured Injury Cases in New Jersey. Hit and Run Accidents in NJ

Uninsured and Underinsured Injury Cases in New Jersey. Hit and Run Accidents in NJ

Truck and Commercial Vehicle Liability for Inquiries in NJ

Truck and Commercial Vehicle Liability for Injuries in NJ

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. Our website njpersonalinjurylawcenter.com provides information on civil cases we can be retained to represent people.
--For more information, go to njpersonalinjurylawcenter.com

WHAT TO DO IF INJURED WHEN HIT BY A TRUCK OR COMMERCIAL VEHICLE, OR WHILE A PASSENGER IN A BUS

- AT THE ACCIDENT SCENE

Compiled by Kenneth Vercammen, Esq. from various sources

1. Stop . . . do not leave the scene of the accident. CALL 911, 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 __ No. of vehicles involved __ Weather __ Road conditions __ Damage __ Speed of the other 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. Youll want it on record that you sought treatment right away -not in a week or so.

9. 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 drivers license number, registration number and insurance information. - Be cooperative with the police.

11. Seek hospital/ medical attention.

12. Call your car insurance company to report the accident if you have car insurance even though you were not in your car.

13. 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.

Financial Recovery for passengers in Buses injured in accidents

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. Helping us is just another way of helping yourself.

Bringing a claim against a truck or commercial vehicle is easier than bringing a claim against a passenger car. With trucks/commercial vehicles, you do not need to prove you suffered a significant impact.

2. Clients should provide my office with the following 1. Any bills 2. All Hospital or doctor records in your possession 3. Your personal Car Insurance Declaration Sheet [This determines who pays your medical bills, even if you were in a Bus] 4. Your Car Insurance Policy 5. Photos of damage to the vehicles involved. If there is damage to the bus, a photo is needed 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 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 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 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 your are in a Bus.

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.

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 drivers 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.

IF YOU HAVE BEEN HIT BY A CAR WHILE RIDING YOUR BICYCLE; 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 kinds. 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 ATTORNEYS 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 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.

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 persons 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 doctors 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 and 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 attorneys 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 attorneys office.

18. Investigation by Defendant Insurance Company Permit us to reiterate at this time that the oppositions 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 claimants 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 doctors 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 plaintiffs claim in court.

20. The value of a case depends on the Permanent Injury, medical treatment and doctors 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 defendants 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 clients 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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Personal Injury Articles from NJ Personal Injury Law Center