Personal Injury Articles from NJ Personal Injury Law Center: November 2016

Monday, November 14, 2016

Plane Accident

Plane Accident

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.

WHAT TO DO IF INJURED WHILE A PASSENGER

- 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 Trains 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. Needless to say, helping us is just another way of helping yourself.

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

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.

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.

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.

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.

CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 for an appointment

About Kenneth Vercammen:

In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on many personal injury matters, Municipal Court trials, arbitration hearings and contested administrative law hearings.

Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court), with the Delaware County, PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Dept as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA.

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

PIP Personal Injury Protection

PIP Personal Injury Protection

If injured in a car accident, it is important to immediately seek hospital and medical or chiropractic treatment. Under the New Jersey No Fault Act, car insurance companies are supposed to make timely payment of medical bills for the driver and passengers injured in their cars or other non-commercial vehicles. Doctors should let their patients know there are now minimum deductibles under the NJ Car No Fault Law (PIP). The following is helpful information for injured people and their doctors to obtain payment for bills.

1 Bills should be submitted to PIP & also to Major Medical and to Patient The medical provider must first submit the unpaid bills to the patient's car insurance carrier Personal Injury Protection (PIP carrier), and/or any Blue Cross/Blue Shield or other related medical provider, and fill out any documents required by the insurance company.

2. Deductibles There is an initial $250.00 deductible, and thereafter the car insurance company pays 80% of medical bills under a medical fee schedule established by the State Dept. of Insurance. After $5,000 the car insurance company pays 100% under the fee schedule, unless an independent medical exam (IME) recommends no further treatment. We recommend doctors adequately notify patients that they are the primary responsible person for payment, not insurance companies. They are also called the PIP (Personal Injury Protection) benefits under the No Fault Law. For unpaid portions after 80% or under the deductible, the chiropractor and also patient should submit portions of bills the car insurance does not pay to their major medical carrier (ex- Blue Cross, Connecticut General). Patients must be told that if they have the lawsuit/ verbal threshold, they cannot even sue the negligent driver for their unpaid medical bills.

3. 21 day notification to PIP A State Law signed in January, 1996 requires automobile insurers to be notified by the claimant or medical provider in writing within 21 days following commencement of treatment of injuries sustained in an accident for which personal injury protection medical expense benefits are claimed. NJSA 39:6A-5(b) In addition, under this new law P.L. 1995, c 407, every bill for such treatment shall be submitted to the insurer and submitted by the medical provider if within 30 days of the date that treatment was rendered. N.J.S.A. 39:6A-5E (a) If the treating doctor does not give proper notification, the insurer can reserve the right to deny payment of the claim, and the treatment provider is prohibited from seeking a payment directly from the insured NJSA 39:6A-5(d) New Jersey Auto Insurance Law p 157 (GANN 2000). It is highly recommended that all doctors, hospitals, MRI facilities and physical therapy centers also send complete copies of all bills to the patient. Unfortunately, too often doctors or MRI facilities fail to advise patients of high unpaid bills, then put the patient in collection after the case is over for the unpaid bill.

Patients should submit copies of all bills to your car insurance company even if they believe the doctor or medical providers may also have submitted the bill to PIP. The patient should later send the bill to major medical. If the doctor's office and injured person does not keep their attorney's office informed in writing of unpaid medical bills, the attorney will not have sufficient information to provide to the defendant's insurance company and the Court when trying to settle a case.

4. New Care paths in Car Accident Cases Starting in 1999, all medical providers must follow "care paths" and most non emergency treatment approved by the car insurance company. Please make sure all treatment and bills are pre- approved by the car insurance company. The treating doctor should also contact the car insurance company prior to MRI or extensive treatment.

5. Dispute Resolution to require Payment of Doctor and MRI Bills following a car accident The intent of the no fault statute is to require speedy payment of hospital and doctor bills and prevent delay by insurance companies. An aggrieved personal injury protection claimant is entitled to receive "prompt payment of medical expenses, lost wages, essential services, survivor benefits and funeral expenses... without having to wait the outcome of protracted litigation." Kubiak v. Allstate Insurance Co., 198 N.J. Super. 115, 119 (App. Div. 1984), cert. den. 101 N.J. 290; Hoqlin v. Nationwide Mutual Insurance Co., 144 N.J. Super. 475, 479 (App. Div. 1976). This, together with the right to interest on overdue payments (then N.J.S.A. 39:6A 5(c)) and the ability under Rule 4:42 9(a)(6) to recover counsel fees if successful in the action should sufficiently guard against situations where an injured party is subjected to protracted aggravated consequences because of an insurer's failure to pay. Kubiak 198 N.J. Super. 119 120.

Disputes between the insurer and claimant as to whether or not benefits are due under the PIP statute may be resolved, at the election of either the claimant or the insurer, either by binding arbitration or by civil litigation. NJSA 39:6A-5(i) and NJSA 39:6A-5.1a, New Jersey Auto Insurance Law p 159 (GANN 2000) If the insurance company continues to delay and fails to pay medical benefits, the insured can either file suit in the Superior Court or file a demand for dispute resolution with American Arbitration Association. In New Jersey their office is located 1 Executive Drive, Somerset, New Jersey 08873. Filing fees are $325, paid by either the doctor/treatment provider or the patient. The check should be payable to the American Arbitration Association.

5a. NJSA 39:6A-5.1 sets forth in detail how AAA dispute resolution proceeds Dispute resolution proceedings shall include disputes arising regarding medical expense benefits provided under PIP law and disputes as to additional first party coverage benefits required to be offered. Disputes involving medical expense benefits may include, but not necessarily be limited to, matters concerning (1) interpretation of the insurance contract; (2) whether the treatment or health care service which is the subject of the dispute resolution proceeding is in accordance with the provisions pip law or the terms of the policy; (3) the eligibility of the treatment or service for compensation; (4) the eligibility of the provider performing the treatment or service to be compensated under the terms of the policy or under regulations promulgated by the commissioner, including whether the person is licensed or certified to perform such treatment; (5) whether the disputed medical treatment was actually performed; (6) whether diagnostic tests performed in connection with the treatment are those recognized by the commissioner; (7) the necessity or appropriateness of consultations by other health are providers; (8) disputes involving application of and adherence to fee schedules promulgated by the commissioner; and (9) whether the treatment performed is reasonable, necessary, and compatible with the protocols provided for pursuant to P.L.1998, c.21 (C.39:6A-1.1 et al.).

The dispute resolution professionals may review the entire claims file of the insurer, subject to any confidentiality requirement established pursuant to State of federal law. All decisions of the dispute resolution professional shall be in writing, in a form prescribed by the commissioner, shall state the issues in dispute, the findings and conclusions on which the decision is based, and shall be signed by the dispute resolution professional. All decisions of a dispute resolution professional shall be binding. The dispute resolution organization shall provide for the retention of all documents used in dispute resolution proceedings under this section and section 25 of this amendatory and supplementary act, including the written decision for a period of at least five years, in a form provided by the commissioner, or such additional time as may be established by the commissioner. The written decisions of the dispute resolution professional shall be forwarded to the commissioner, who shall establish a record of the proceedings conducted under the dispute resolution procedure, which shall be accessible to the public and may be used as guidance in subsequent dispute resolution proceedings.

Under the pre-1999 no fault law, AAA arbitrations were heard by a single arbitrator chosen by AAA. The arbitrator would fix the time and place for each oral hearing. Persons having a direct interest in the arbitration are entitled to attend hearings. Parties may offer such evidence as is relevant and material and shall produce such additional evidence as the arbitrator may deem necessary to an understanding and determination of the dispute. The arbitrator may subpoena witnesses or documents on his own initiative or upon the request of any party. The arbitrator shall be the judge of the relevancy and the materiality of the evidence offered, and conforming to legal Rules of Evidence is not necessary. An arbitrator may receive and consider the evidence of witnesses by affidavit, but it shall give it only such weight as the arbitrator deems it entitled to after consideration of any objections made to its admission.

According to the New Jersey No Fault Automobile Arbitration rules published by the American Arbitration Association "if the claimant prevails in the arbitration proceeding, the arbitrator shall direct the insurer to pay all the costs of the proceeding, including reasonable attorney's fees.

5b. New Emergent- Relief Arbitration Under PIP Ordinarily, the minimum time for a regular arbitration is three months, including a 45 day initial waiting period and a 20 day notice of hearing. New Rule 3A of the American Arbitration Association's rules governing Personal Injury Protection Arbitration requires appointment of an arbitrator within one business day of the demand, the establishment of a schedule for consideration within two business days of the appointment and the granting of any relief within three additional days. 160 N.J.L.J. 373, NJ Law Journal May 1, 2000, p 5. The new rules were drafted by the state Department of Banking and Insurance. They went into effect April 1, 2000 and are posted on the AAA's Web site (www.adr.org/rules/state/nj no-fault rules.html).

6. SUIT IN SUPERIOR COURT INSTEAD OF ARBITRATION AND REIMBURSEMENT OF ATTORNEYS FEES In Miskofsky v. Ohio Casualty Insurance Co., 203 N.J. Super. 400 (Law Div. 1984) the court examined a Superior Court PIP suit and found medical benefits must be afforded. The court awarded attorneys fees, holding:

Counsel for plaintiff has submitted an affidavit of services based on an hourly rate of $100.00 which this court believes to be fair and reasonable. "I shall, therefore, award counsel fees against defendant and in favor of plaintiff in the amount of $1,790.00 as well as costs representing actual disbursements in the amount of $123.12 or a total of $1,913.12" Miskofsky at 416 417.

All other reported cases indicate attorneys fees should be awarded to Plaintiff's counsel. Additionally, the court in Olewinsky v. Aetna Casualty and Surety, 234 N.J. Super. 429 (Law Div. 1988) examined an application and request for attorney's fees for services rendered in connection with the personal injury claim. The plaintiff was pregnant at the time she was involved in an automobile accident. Defendant Aetna refused to pay certain medical expenses to the plaintiff and for her child. A claim was brought for medical payments. Both claims were settled at a conference in which the court participated. Upon motion of the plaintiff, the court in Olewinsky held: "based upon consideration of the underlying purpose of Rule [4:42 9(a)(6)] allowing attorney's fees as well as the nature of PIP claims and the realities of PIP settlements, this court concludes that attorney's fees should be allowed when a case is settled at anytime after the commencement of suit, for a sum which exceeds the original offer by the insured made prior to the institution of suit". Id. at 432. The court also noted in a footnote that attorney's fees are also allowed under the PIP statute, N.J.S.A. 39:6A 5, where an insured claimant prevails in an arbitration proceeding for PIP benefits.

The court concluded: The intent of the Rule allowing attorney's fees is to charge the insurer with additional expenses necessitated by an insured who is forced to bring suit for his claim. But, the realities of PIP settlements are that the insured must pay his own attorney fees. This effectively undermines the intent of the Rule. In order to implement the intent of the Rule, the definition of a "successful claimant" must be given liberal interpretation so as to encompass not only judgments and last minute settlements, but settlements effectuated prior to trial as well. Clearly, a claimant who obtains a judgment for the full amount of his claim is a "successful claimant". Similarly, a claimant who obtains a judgment for less than the full amount he seeks is also a "successful claimant" under the law. Therefore, logic should dictate that a claimant who obtains either a settlement for the full amount of his claim prior to the trial date or who obtains a settlement for a sum less than the full amount of his claim, but for more than that which he was offered prior to the institution of suit, should similarly be categorized as a "successful claimant". He is, after all, getting more than that which he would have obtained in the first place. In this respect, therefore, he is successful.

Finally, it is simply unfair to burden an insured with attorneys fees in order to receive moneys to which, at least in part, he was entitled to in the first place. Olewinsky . at 433 434.

The court in Olewinsky held that the plaintiff was entitled to an award of attorney's fees. The court held that the sum of $4,500.00 plus expenses, was fair and reasonable for payment of attorney's fees. Today, the statute N.J.S.A. 39:6A 5(c) requires that if a claimant prevails at arbitration, the insurer shall pay all costs, including reasonable attorney's fees. Thus, the imposition of attorney's fees is mandatory.

In Van Houten v. New Jersey Manufacturer's Insurance Co., 159 N.J. Super. 208 (Cty. Ct. 1978), aff'd 170 N.J. Super. 415 (App. Div. 1979), an insured who brought a cause of action against an insurer for failure to provide personal injury protection coverage for his medical expenses was determined to be a successful claimant and as provided by the Rule permitting attorney's fees. The court noted that a party need not prevail in every claim in order to be successful. Id. at 211. The court in Van Houten found persuasive plaintiff's argument that an insured is already a weak party to an insurance contract, and to make him hire an attorney throughout the trial or motion would put him at an even greater disadvantage. It is incongruous to require plaintiff to bypass a settlement offer and to proceed to trial in order to "earn" counsel fees, especially when a settlement and trial would have substantially achieved the same result. Also compelling plaintiff to try the case under these circumstances would be contrary to the strong public policy and judicial commitment that justice be served by encouraging the settlement of claims thereby avoiding or terminating litigation. Id. at 212. (Citations omitted). The court in Van Houten, concluded that had the plaintiff proceeded to trial, there is no doubt that the judge could have awarded a counsel fee. The court in Van Houten noted certain facts: 1. After the accident there was a substantial and unreasonable delay by defendant in conducting its investigation and providing a measure of coverage under No Fault. Such delay is distinguishable from mere tardiness by an insurer in forwarding payment. 2. This unnecessary delay on defendant's part induced plaintiff to seek the services of an attorney to intercede on his behalf, with the necessity of bringing suit. 3. After the complaint was filed, defendant continued to resist coverage under a color of contention which in this case was inappropriate. 4. And finally, after a period of eight months following the accident, defendant, just prior to trial, only then agreed to pay plaintiff an amount closely approximate to the original claim for loss of income coverage sought by the insured. 159 N.J. Super. at 215.

A denial of counsel fees, would thwart the underlying public policy that insurers not raise groundless disclaimers, abandon their insured and induce costly and protracted litigation. Van Houten at 215. To require an insured to fully litigate his claim to a successful adjudication essentially because his accumulated counsel fees cannot otherwise be obtained is contrary to the principles of the rule and the spirit underlying the No Fault Act. Rather, it was the opinion of the Van Houten court that an award of counsel fees would more equitably serve the principals upon which No Fault is founded. Id. at 216. The court noted "upon review of the discovery section of the No Fault Act it is clear that the burden of investigating personal injury claims was primarily with the insurance carrier and not with the insured. N.J.S.A. 39:6A 13 et seq. Under the Act the injured person is essentially required to "...sign all forms, authorizations, releases for information ...which may be necessary to the discovery of the above facts, in order to reasonably prove the injured person's losses. [N.J.S.A. 39:6A 13(f)]. The Van Houten court was satisfied that the plaintiff substantially complied with these obligations. The carrier is entitled to substantial discovery from the claimant's doctor, hospital, clinic, etc. or from the carrier's own physician. See N.J.S.A. 39:6A 13(b) and (d). The court noted if defendant encountered difficulty with such discovery, then it ought to have sought the appropriate relief from plaintiff's doctor and/or employer. N.J.S.A. 39:6A -13(g). Van Houten. at 217.

It has been uniformly held by the courts that Rule 4:42 9(a)(6) permitting an award of counsel fees against an insured's personal insurance company was adopted in order to prevent or discourage groundless disclaimers by the insurance carrier. See e.g. Tooker v. Hartford Accident and Indemnity Co., 136 N.J. Super. 572, 576 (App. Div. 1975). Maros v. TransAmerica Insurance Co., 143 N.J. Super. 307 (Law Div. 1976); New Jersey Manufacturer's Insurance Co. v. Consolidated Mutual Insurance Co., 124 N.J. Super. 598 (Law Div. 1973). In each of the above cases the courts deemed that counsel fees be awarded with a view towards equity for the insured.

7. Interest on unpaid bills N.J.S.A. 39:6A-5 (g) provides “personal injury protection coverage benefits shall be overdue if not paid within 60 days after the insurer is furnished written notice of the fact of a covered loss and the amount of same. N.J.S.A 39:6A-5E (h) added that all overdue payments shall bear simple interest at the percentage of interest prescribed by the Court Rules. An insurer can avoid the payment of interest only where it "has reasonable proof to establish that the insurer is not responsible for the payment..." The allowance of interest is not, as defendant argues, dependent upon the presence or absence of good faith on the part of the insurer. Ortiz at 508-509 The court also affirmed the awarding of the counsel fee.

8. Statute of Limitations Pursuant to N.J.S.A. 39:6A 13.1 an action for payment of benefits must be commenced not later than 2 years after the expense, or when in the exercise of the reasonable diligence insured the should know the loss was caused by the accident, or not later than 4 years after the accident, whichever is earlier; provided, if benefits have been paid before then an action for further benefits may be commenced not later than 2 years after the last payment of benefits. In Zupo v. CNA Ins. Co., 98 N.J. 30 (1984), the Supreme Court adopted the principal that when an automobile liability insurance carrier has made payments of personal injury protection (PIP) benefits in connection with a compensable injury and is chargeable with knowledge at the time of its last payment that the injury will probably require additional treatment in the future, then the "two years after payment" provision of N.J.S.A. 39:6A 13.1 will not bar an action brought within a reasonable time after rejection of a prompt claim for payment of additional medical expenses for such treatment. Id. at 31 32. Our New Jersey Supreme Court has often rejected a limitations defense where the defendant has contributed to the delay. Zaccardi v. Becker, 88 N.J. 245, 256 (1982)

CONCLUSION In conclusion, If the claimant is successful, case law, the statute and the AAA rules make counsel fees and interest available. Action must be taken to help the injured party have their medical bills paid prior to the expiration of any statute of limitation.

Pharmacy Negligence

Pharmacy Negligence

Kenneth Vercammen, Esq. Helps persons injured as a result of negligence of another person or company

A person who is injured as a result of the negligence of another person is what we in the legal profession refer to as a personal injury claimant. In other words, they have been injured as a result of an accident, and now wish to prosecute a claim against a negligent property owner and its insurance company. The purpose of this article is to describe some of the caselaw in a medical malpractice/ negligence case.

Duty and Negligence

The plaintiff(s) must prove the doctors were negligent in the diagnosis and [/or] treatment, and that such negligence was a substantial factor in causing the plaintiff(s) to be injured.

Negligence is conduct which deviates from a standard of care required by law for the protection of persons from harm. Negligence may result from the performance of an act or the failure to act. The determination of whether a defendant was negligent requires a comparison of the defendants conduct against a standard of care. If the defendants conduct is found to have fallen below an accepted standard of care, then he or she was negligent.

Certain doctors are specialists. Specialists in a field of medicine represent that they will have and employ not merely the knowledge and skill of a general practitioner, but that they have and will employ the knowledge and skill normally possessed and used by the average specialist in the field. Thus, when a physician holds himself/herself out as a specialist and undertakes to diagnose and treat the medical needs of a patient, the law imposes a duty upon that physician to have and to use that degree of knowledge and skill which is normally possessed and used by the average specialist in that field, having regard to the state of scientific knowledge at the time that he/she or she attended the plaintiff.

Based upon common knowledge alone, and without technical training, jurors normally cannot know what conduct constitutes standard medical practice. Therefore, the standard of practice by which a physicians conduct is to be judged must be furnished by expert testimony, that is to say, by the testimony of persons who by knowledge, training or experience are deemed qualified to testify and to express their opinions on medical subjects.

Jurors should not speculate or guess about the standards of care by which the defendant physician(s) should have conducted himself/herself/themselves in the diagnosis and treatment of the plaintiff. Rather, they must determine the applicable medical standard from the testimony of the expert witness(es) you have heard in the case.

Where there is a conflict in the testimony of the medical experts on a subject, it is for the jury to resolve that conflict using the same guidelines in determining credibility. They are not required to accept arbitrarily the opinions offered. They should consider the experts qualifications, training, and experience, as well as his/her understanding of the matters to which he/she or she testified.

Where an expert has offered an opinion upon an assumption that certain facts are true, it is for the jury to decide whether the facts upon which the opinion is based are true. The value and weight of an experts testimony in such instances is dependent upon, and no stronger than, the facts upon which it is predicated.

When determining the applicable standard of care, the jury must focus on accepted standards of practice or specialty involved, and not on the personal subjective belief or practice of the defendant doctor.

The law recognizes that the practice of medicine is not an exact science. Therefore, the practice of medicine according to accepted medical standards may not prevent a poor or unanticipated result. Therefore, whether the defendant doctor was negligent depends not on the outcome, but on whether he/she adhered to or departed from the applicable standard of care.

If the jury finds that the defendant has complied with the accepted standard of care, then he/she is not liable to the plaintiff regardless of the result. On the other hand, if the jury find that the defendant has deviated from the standard of care resulting in injury or damage to plaintiff, then you should find defendant negligent and return a verdict for plaintiff.

Negligence is the failure to comply with the standard of care to protect a person from harm. Negligence in a doctors medical practice, which is called malpractice, is the doctors failure to comply with the standard of care in the care and treatment of his/her patient. Usually it is necessary to establish the standard of care by expert testimony, that is, by testimony of persons who are qualified by their training, study and experience to give their opinions on subjects not generally understood by persons, such as jurors, who lack such special training or experience. In the usual case the standard of care by which to judge the defendants conduct cannot be determined by the jury without the assistance of expert medical testimony.

Where there has been expert medical testimony as to the standard of care, but the standard is one which can also be determined by the jury from its common knowledge and experience, the jury should determine the standard of care after considering all the evidence in the case, including the expert medical testimony, as well as its own common knowledge and experience.

a) Common Knowledge

The common knowledge doctrine was applied in Martin v. Perth Amboy General Hospital, 104 N.J. Super. 335 (App. Div. 1969), where a laparotomy pad was left in plaintiffs body during an operation, Tramutola v. Bortone, 63 N.J. 9 (1973), where plaintiff discovered that a needle had been left in her chest during surgery; Steinke v. Bell, 32 N.J. Super. 67 (App. Div. 1954), where a dentist removed the wrong tooth; Becker v. Eisenstodt, 60 N.J. Super. 240 (App. Div. 1960), where the defendant used a caustic substance instead of an anesthetic; and Terhune v. Margaret Hague Maternity Hospital, 63 N.J. Super. 106 (App. Div. 1960), where plaintiff was burned as a result of the improper administration of an anesthetic during childbirth, Nowacki v. Community Medical Center, 279 N.J. Super. 276 (App. Div. 1995), where plaintiff alleged that she fell while attempting to lift herself onto a treatment table, Tierney v. St. Michaels, 214 N.J. Super. 27 (App. Div. 1986), certif. den. 107 N.J. 114 (1987), where plaintiffs infant crawled out of a crib while hospitalized at the defendant hospital, Winters v. Jersey City Medical Center, 120 N.J. Super. 129 (App. Div. 1972), where the court held that one does not need an expert witness to testify that the bed rails should have been in the up position for an elderly person who fell out of bed. The common knowledge doctrine was applied to a failure to communicate an abnormal finding and the signing of an incorrect discharge summary in Jenoff v. Gleason, 215 N.J. Super. 349 (App. Div. 1987). In Rosenberg by Rosenberg v. Cahill, 99 N.J. 318 (1985), the common knowledge doctrine was not applied to the failure to observe a tumor in an x-ray.

The court rejected the plaintiffs reliance on the common knowledge doctrine in Posta v. Chueng-Loy, 306 N.J. Super. 182 (App. Div. 1997), involving hernia surgery.

See also, Sanzari v. Rosenfeld, 34 N.J. 128 (1961), Jones v. Stess, 111 N.J. Super. 283 (App. Div. 1970), Klimko v. Rose, 84 N.J. 496 (1980).

b) Res ispa loquitur

There are three requirements which must be demonstrated in order to apply the doctrine of res ipsa loquitur:

(1) The occurrence must be one which ordinarily bespeaks negligence;

(2) The instrumentality causing the injury must have been within defendants exclusive control; and

(3) There must be no indication that the plaintiffs injury was in any way the result of his own voluntary act or neglect.

A detailed analysis of the doctrine of res ipsa is found in Gould v. Winokur, 98 N.J. Super. 554 (Law Div. 1968), affd., 104 N.J. Super. 329 (App. Div. 1969), certif. den. 53 N.J. 582 (1969). See also, Buckelew v. Grossbard, 87 N.J. 512 (1981).

The difference between the res ipsa doctrine and the common knowledge doctrine is that the res ipsa doctrine requires expert testimony to prove the first element of proof, i.e., that the occurrence does not usually happen in the absence of negligence. Smallwood v. Mitchell, 264 N.J. Super. 295 (App. Div. 1993), certif. den. 134 N.J. 481 (1993).

The logical extension of the res ipsa and common knowledge doctrines is the conclusion that there are cases where the facts are such that at least one defendant must be liable as a matter of law. The genesis of this concept in New Jersey is found in Anderson v. Somberg, 67 N.J. 291 (1975), cert. den. 423 U.S. 929 (1975). See also, Chin v. St. Barnabas Medical Center, 160 N.J. 454 (1999).

The doctrine of res ipsa loquitur was deemed applicable in Yerzy v. Levine, 108 N.J. Super. 222 (App. Div. 1970), affd. 57 N.J. 234 (1970), where the common bile duct had been completely severed during gall bladder surgery; Pearson v. St. Paul, 220 N.J. Super. 110 (App. Div. 1987), where plaintiffs sixteen year old daughter died after arthroscopic knee surgery.

The doctrine of res ipsa loquitur was deemed inapplicable in Toy v. Rickert, 53 N.J. Super. 27 (App. Div. 1958), where plaintiff alleged that the defendant negligently administered a shot of penicillin into plaintiffs right buttock causing nerve damage; in Renrick v. Newark, 74 N.J. Super. 200 (App. Div. 1962), where plaintiff alleged that the defendant negligently injected a drug resulting in severe burning of both forearms and widespread scarring; Posta v. Chueng-Loy, 306 N.J. Super. 182 (App. Div. 1997), involving hernia surgery.

c) Common knowledge can be employed in some cases although expert medical testimony is also offered as to the standard of care and defendants alleged departure therefrom. See Sanzari v. Rosenfeld, supra, 34 N.J. at 138 and 143.

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 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 an injury.

Personal Injury Fact Sheet/Personal Injury Interview Form If Injured in an Accident

Todays date: _________________________________

Plaintiff name: _________________________________

Address: _____________________________________

____________________________________________

Phone Number: _______________________________

Email: ________________________________________

d/o/b: ________________________________________

Soc.. security: __________________________________

Spouse _______________________________________

2a. Date of Accident: _____________________________

town, county, state: _______________________________

day of week _____________________________________

time: _________________________________

weather _________________________________

Road conditions _______________________________________________________________________

Description of Accident: _________________________________________________________________

____________________________________________________________________________________

2b. Operator of Plaintiffs car: _____________________________________________________________

Owner of Plaintiffs car: __________________________________________________________________

2c Other occupants of Plaintiffs car. ________________________________________________________

2d Street Plaintiff was traveling on: __________________________________________________________

Direction of travel (ex- North, south, etc.): ____________________________________________________

Nearest approaching road: ________________________________________________________________

2e Street Defendant was traveling on: ________________________________________________________

Defendant Direction of travel (ex- North, south, etc.): ____________________________________________

Nearest approaching road: ________________________________________________________________

2f Traffic lights or stop signs in area: _________________________________________________________

3. INJURIES- NATURE, EXTENT, DURATION

_____________________________________________________________________________________

4. PERMANENT INJURIES AND PRESENT COMPLAINTS

_____________________________________________________________________________________

5. HOSPITALS- ADDRESS, DATE OF ADMISSION DISCHARGE

_____________________________________________________________________________________

6- X-RAYS, TAKEN BY: _________________________________

ADDRESS: ____________________________________________________________________________

DIAGNOSTIC TESTS: ___________________________________________________________________

X-ray, MRI DATE _________________________________

RESULTS _________________________________

7 DOCTOR-NAME _________________________________

ADDRESS PHONE DATES OF TREATMENT: _________________________________

DATE OF REPORTS: _________________________________

7B. MEDICAL PROVIDER-NAME __________________________

ADDRESS PHONE DATES OF TREATMENT: _________________________________

DATE OF REPORTS: _________________________________

7C MEDICAL PROVIDER-NAME ADDRESS PHONE DATES OF TREATMENT: _________________________________

DATE OF REPORTS: _________________________________

8. STILL BEING TREATED? MEDICAL PROVIDER-NAME NATURE OF TREATMENT AND NATURE OF TREATMENT

9. AGGRAVATION OF PRIOR INJURIES BY ACCIDENT, PRIOR DOCTOR

10. Employer Name: __________________________________ Address: ____________________________________________

Job/Position Gross/week Net/week Time Lost Total Wages Lost: _____________________________________________________

11. IF RETURN TO WORK: _________________________________ Current Employer Name: _________________________________

Address: _________________________________ Job: _________________________________ ______________ Gross/week Net/week

12- OTHER LOSS OF INCOME, EARNINGS

13. Medical bills, Doctor Amount unpaid Paid hospital bills, medicine, etc. Total medicals (As of ________): _________________________________

14. OTHER OUT OF POCKET EXPENSES and OTHER LOSSES

15. Relevant Documents: __________________________________________________________________
Identify all documents that may relate to this action, and attach copies of each such document, such as police report, hospital bills, etc.

Police Report: _____________________________________________________________________________

Declaration Sheet: __________________________________________________________________________

Hospital Bills: ______________________________________________________________________________

Hospital Records: ___________________________________________________________________________

Medical Bills and Records: ____________________________________________________________________

Photographs of Accident Site: __________________________________________________________________

Photographs of Damage to Plaintiffs car: __________________________________________________________

Photographs of Damage to Defendants car: ________________________________________________________

Photographs of Injuries, scars, cuts: _______________________________________________________________

Repair damage estimate: _______________________________________________________________________

Other: _____________________________________________________________________________________

16a defendant name: _________________________________ _________________________________ address: _______________________________

_________________________________ Owner of Def car: _________________________________ address: _________________________________

Type of car: _________________________________ ___________________________ make, year Other occupants of def car

16b Eye witness name: _________________________________ address & phone: _________________________________

17 Names and addresses of People with Relevant Knowledge

Officers of Investigating Police Department: _________________________________

18. Photographs: _________________________________ _________________________________ If any photographs, videotapes, audio tapes or other forms of electronic recordings, sketches, reproductions, charts or maps were made with respect to anything that is relevant to the subject matter of the complaint, describe: _________________________________ _________________________________ (a) the number of each; (b) what each shows or contains; (c) the date taken or made; (d) the names and addresses of the persons who made them; (e) in whose possession they are at present; and (f) if in your possession, attach a copy, or if not subject to convenient copying, state the location where inspection and copying may take place. ___________

19. If you claim that the defendant made any admissions as to the subject matter of this lawsuit, state: _________________________________ _________________________________ (a) the date made; (b) the name of the person by whom made; (c) the name and address of the person to whom made; (d) where made; (e) the name and address of each person present at the time the admission was made; (f) the contents of the admission; and (g) if in writing, attach a copy.

20. If you or your representative and the defendant have had any oral communication concerning the subject matter of this lawsuit, state: _________________________________ _________________________________ (a) the date of the communication; (b) the name and address of each participant; (c) the name and address of each person present at the time of such communication; (d) where such communication took place; and (e) a summary of what was said by each party participating in the communication.

21. If you have obtained a statement from any person not a party to this action, state: _________________________________ _________________________________ (a) the name and present address of the person who gave the statement; (b) whether the statement was oral or in writing and if in writing, attach a copy; (c) the date statement was obtained; (d) if such statement was oral, whether a recording was made, and if so, the nature of the recording and the name and present address of the person who has custody of it; (e) if the statement was written, whether it was signed by the person making it; (f) the name and address of the person who obtained the statement; and (g) if the statement was oral, a detailed summary of its contents. _____________________________

22: _________________________________ ___________________________ Violation by Defendant of Motor Vehicle law (i.e. Careless driving or other statute

23. Expert witnesses: _________________________________ 24. Have you every been indicted and convicted of a crime? ______ (This question required by Rules of Court)

25a Plaintiff car ins company: _________________________________ THRESHOLD address: _________________________________ phone: _________________________________ policy # claim # year, make, model collision coverage Who Notified? UM/ UIM coverage

25b Named Insured: _________________________________ _________________________________ _____________________________________

25c Copy of Dec Sheet: _________________________________

25d. Plaintiffs private major- medical ex- Blue Cross address: _________________________________ phone: _________________________________ Policy number

26a: Distance between Plaintiff and point of impact when first observed other vehicle and Plaintiffs speed: _________________________________

26b: distance between Plaintiff and the Defendants vehicle when first observed other vehicle: _________________________________ ___________________________________________________________

26c: Where Plaintiffs vehicle came to rest and where Defendants vehicle came to rest: _____________________________ ___________________________________________________________

27: Part of Plaintiffs car hit by Defendants car: _________________________________ ________________________________________________________

Damage to Plaintiffs car: _________________________________ _________________________________ _______________________________________

Property damage estimate: _________________ ___________________________________________________________

28: Where Plaintiff was coming from and where Plaintiff was going to: _________________________________ ___________________________________________________________

29. Parts of body hitting car: _________________________________ _________________________________ _____________________

30. Unconsciousness? _____________________

31. Skid marks by any car: _________________________________ _________________________________ _____________________

32. Defendants Ins carrier 33. address: _________________________________ phone: _________________________________ 34. adjuster: _________________________________ 35. Policy limits: _________________________________ claim #: _________________________________

36. When did you apply your brakes?: ___________________________ _________________________________ _____________________

37. How fast were you going?: _________________________________ _________________________________ _____________________

38. How fast was the Defendant going?: _________________________________ _________________________________ _____________________

39. Describe the position of each car at the point of impact, giving distance from curb, lines, streets or other landmarks?: _________________________________ _________________________________ _____________________

40. Alcoholic beverages or medication within 12 hours before accident? _______

41. Prior accidents involving injury in which you received an insurance settlement or suit was started? (Including workers compensation)? Prior car accidents with only property damage? _____________________

42. Negligent actions by Defendant: _________________________________ _________________________________

43. What else did you tell police? _____________________

44. Set forth the names of insurance agents and other individuals you discussed the case with an what did you say? _____________________

45. Please prepare a Diagram of the accident site _____________________

46. Are you receiving Medicare/ Medicaid? ___________ Are you receiving SSI? ___________

Is there anything else important? ___________________________

___________________________________________________________ ___________________________________________________________

Documents to be supplied to attorney & in his possession: Police Report: _________________________________ Declaration Sheet: _________________________________ Medical/ Hospital Bills and Records: _________________________________ Photographs of Accident Site: _________________________________ Photographs of Damage to Plaintiffs car: ___________________________ Photographs of Damage to Defendants car: _________________________________ Photographs of Injuries, scars, cuts: _________________________________ Repair damage estimate:

Personal Injury Cases: Verbal, Casinelli v. Manglapus, 357 NJ Super. 398 (App. Div. 2003)

In a verbal-threshold case governed by the Automobile Insurance Cost Reduction Act, where a plaintiff fails to file the required physician certification within the time prescribed by N.J.S.A. 39:6A-89a) and the two-year statute-of-limitations period set forth in N.J.S.A. 2A:14-2 has run at the time defendant files a motion to dismiss, if the plaintiff is able to establish the requisite elements to demonstrate ?substantial compliance? with the procedural requirement that a physician certification be timely filed, then the harsh consequences of a dismissal with prejudice can be equitably avoided. We reach this conclusion because the failure to strictly comply with the time requirements for filing a physician certification does not go to the heart of the cause of action as defined by the Legislature. See Watts v. Camaligan, 344 N.J. Super. 453, 462-68 (App. Div. 2000). Although the fact that the applicable statute of limitations may have expired at the time defendant moved for dismissal does not preclude a substantial-compliance analysis, as a prerequisite for consideration of application of the doctrine of substantial compliance, the plaintiff must have filed a physician certification that, except for being untimely, otherwise meets the requirement contained in N.J.S.A. 39:6A-8(a).

Personal Injury Book and Audiotapes Co-Written by Kenneth Vercammen

Kenneth Vercammen has been a lecturer and speaker for the NJ Institute For Continuing Legal Education (ICLE) and NJ State Bar Association on Personal Injury Municipal Court/Criminal and Probate/Estate Administration and Elder Law.

For Books co-written by Kenneth Vercammen go to New Jersey Institute for Continuing Legal Education and NJ State Bar Association, www.njicle.com

The Personal Injury Seminar was held on May 9, 2001.

Speakers Kenneth A. Vercammen, Esq. Kenneth A. Vercammen & Associates, P.C. (Metuchen, Cranbury)

Honorable Douglas T. Hague, J.S.C. (Middlesex County)

Heidi Willis Currier, Esq. Connell Foley, L.L.P. (Roseland)

Robert J. Haws, Esq. Law Offices of Robert J. Haws (East Brunswick)

Gary M. Price, Esq. Buttafuoco Arce & Price, L.L.C. (South Plainfield, Fort Lee; New York City) PERSONAL INJURY: WINNING STRATEGIES View Table of Contents KENNETH A. VERCAMMEN, ESQ.; HON. DOUGLAS T. HAGUE, JSC; HEIDI WILLIS CURRIER, ESQ.; ROBERT J. HAWS, ESQ.; GARY M. PRICE, ESQ. Features fact sheets; sample forms; selected articles; practice tips; the judicial perspective; and more.

http://www.njicle.com/Catalog/toc/PersonalINjury01.pdf M55701 Handbook, 388 pages $59 $47* CP55701 Audio Cassettes Tapes/Materials (5/01) $89 $71*

Cassette credits: 3.75 CT; 4.5 NYP *NJSBA Member Price To qualify for this reduced price, you must provide your NJSBA Member # at the time you place your order. If you place your order without providing your NJSBA Member #, you will be charged the regular price To order, contact New Jersey Institute for Continuing Legal Education ® One Constitution Square, New Brunswick, New Jersey 08901-1520 Phone: (732)214-8500 Fax: (732)249-0383 Email: customerservice@njicle.com http://www.njicle.com/Catalog/toc/PersonalINjury01.pdf

Audiotapes contains: 6- Introduction of speakers- ICLE rep initial interview - KENNETH A. VERCAMMEN follow up after interview, investigation- medical records, Affidavit of Merit by Chiro

6:45- Judicial perspective- JUDGE HAGUE 1. Whats new or upcoming 2. How to avoid Judicial Wrath/ common mistakes 3. Proper filing of motions 4. what not to except from law clerks 5. What Judges look at in Verbal Motions under the new law 6. Professionalism/ lack of professionalism 7. Settlement conferences 8. common mistakes

7:15- Tort Claims Act BOB HAWS Filing of Complaint & plaintiffs tasks- service, Rogs, deps New Car insurance regs that could cause problems to plaintiffs Liens- Chiro, Medicaid, child support, health care Protecting yourself from the ungrateful client Contested liability cases

8:00 pm- Answer by Defense counsel- HEIDI CURRIER Defendants tasks following Answer- What investigators look for, other Investigation, deps Tricks by certain defense counsel in discovery The Worst of Best Practices [comments by panel]

8:40- Fall Down Special tasks- Gary Price Motions defense will make New Arbitration form for Defense New Arb form for Plaintiff - Bob Haws

9:10- Pre-trial- case has not been settled- Heidi Currier Pre-Trial forms Best practices

9:30 QUESTIONS from the Audience

388 Page book: Table of Contents Page Personal Injury: Tips for a Better Practice Gary M. Price, Esq. 1 Defense Issues 1 Initial Handling 1 Discovery 1 Pre-Trial Exchanges R. 4:25-7 2 Title 59: Tort Claims Act 2 Releases 3 Deposition Notes 4 Jane Doe v. James Richards Pre-Trial Information Exchange Pursuant to Rule 4:25-7(b) 13 Ponte v. Overeem, et al. 17 Rocco v. NJ Transit Rail Operations, Inc., et al. 27 Sollazzo v. Tassoro, et al. 37 Sample Settlement Agreement and General Release 45 Perreira v. Rediger, et al. 51 Werner v. Latham, et al. 65 Personal Injury: Summary, Letters, Articles,

Kenneth A. Vercammen, Esq. 71 Personal Injury Fact Sheet 71 Guide to Completing Personal Injury Fact Sheets 79 List of Personal Injury Form Letters on Computer 85 List of Non-Personal Injury Letters on Computer Letter of Explanation to New Client 93 Client¹s Duties and Responsibilities 99 No Representation Letter 101 Claim Letter to Defendant 102 Letter to Witness 103 Request for PIP File 104 Cover Letter to Copy of Summons and Complaint 105 Letter to Postmaster Re Request for Change of Address Information 107 Letter to Court Administrator Requesting Disposition of Defendant¹s Summons in Municipal Court 109 Letter to Defendant¹s Attorney Re: X-rays 110 Letter to Adversary Re: Serving Interrogatories 111 Letter to Client Re: Signing Interrogatories 112 Letter to Client Re: Court Rule Interrogatory Question Forms A 1-25 113 Letter to Physician Advising Limited Cost 114 Letter to Client Re: Hearing Notice Location 115 Complaint and Jury Demand 117 PIP Subpoena 121 ³When Carriers Delay, Ask for Counsel Fees² (Reprint) 123 Accident Victim¹s Rights Requiring Insurance to Pay for Medical/ Chiropractic Treatment 127 ³Mission Possible: The Uninsured Motorist Case² (Reprint) 139 ³Winning Lawsuit/Verbal Threshold Cases² (Reprint) 143 ³Using Statutory Sunshine to Obtain Public Records² (Reprint) 147 ³How to Handle a Personal Injury Case² (Reprint) 151 ³Helping New Staff and Law Clerks Get Started² (Reprint) 157 ³Six Ideas for Greater Efficiency² (Reprint) 159 ³Book Review: Flying Solo, A Survival Guide for the Solo Lawyer Edition² (Reprint) 160 ³Deposition Questions in a Personal Injury Case² (Reprint) 161 ³How Self-Defense Works in New Jersey² (Reprint) 163 ³Get a Life: Reducing Stress for the Trial Attorney Through Tae Kwon Do² (Reprint) 165 ³Testifying in a Civil Case² (Reprint) 167 N.J. Municipal Court Law Review, Spring 1995 169 N.J. Municipal Court Law Review, Fall 1995 173 N.J. Municipal Court Law Review, January/February 1996 177 N.J. Municipal Court Law Review, Spring 1996 179 N.J. Municipal Court Law Review, Summer 1996 183 N.J. Municipal Court Law Review, Fall 1996 187 N.J. Municipal Court Law Review, Winter 1997 191 N.J. Municipal Court Law Review, Spring 1997 195 N.J. Chiropractic/Personal Injury Law Review, Spring 1997 199 N.J. Municipal Court Law Review, Summer 1997 203 N.J. Municipal Court Law Review, Fall 1997 207 N.J. Municipal Court Law Review, Winter 1998 209 N.J. Municipal Court Law Review, Spring 1998 213 N.J. Municipal Court Law Review, Summer 1998 215 N.J. Municipal Court Law Review, Fall 1998 219 N.J. Municipal Court Law Review, Winter 1999 223 N.J. Municipal Court Law Review, Spring 1999 227 N.J. Municipal Court Law Review, Summer 1999 231 N.J. Municipal Court Law Review, Fall 1999 235 N.J. Municipal Court Law Review, Winter 2000 239 N.J. Municipal Court Law Review, Spring 2000 241 N.J. Municipal Court Law Review, Summer 2000 245 N.J. Municipal Court Law Review, Fall 2000 249 N.J. Municipal Court Law Review, Winter 2001 253 ³20 Tips on Handling the Soft Tissue Case² (Reprint) 257 Additional Suggestions on Handling the Soft Tissue Case 259 Summary: Selected Major Cases Affecting Personal Injury Cases and Chiropractors 263 Book Review: How to Build and Manage a Personal Injury Practice 269 Treatment of Accidental Injury to the Spine and Back Care Path Overview 281 Care Path 1 Cervical Spine Soft Tissue Injury 283 Care Path 2 Cervical Spine (Neck Injury) 285 Care Path 3 Thoracic Spine Soft Tissue Injury 287 Care Path 4 Thoracic Spine (Upper Back Injury) 289 Care Path 5 Lumbar-Sacral Spine Soft Tissue Injury 291 Care Path 6 Lumbar-Sacral Spine (Low Back Injury) 294 Treatment of Accidental Injury to the Spine and Back Care Paths Glossary of Terms 297 Letter to Medical Provider Requesting Copy of Bills 299 Letter to Medical Provider Re: Medical Bill Status 301 Important Cases Affecting Personal Injury and Tort Claims 303 Sample Letter Notifying Client of Arbitration Date 307 Sample Letter Re: Slip and Fall Claim 309 Sample Motion to Dismiss for Failure to Answer Interrogatories 311 Certification in Support of Motion 315 Order to Dismiss for Failure to Answer Interrogatories 319 Workers¹ Compensation Injuries on the Job: Basic Rights and Obligations, Julius J. Feinson, Esq. Kenneth A. Vercammen, Esq. 321 Practical Personal Injury Tips from a Defense Perspective,

Christopher J. Killmurray, Esq. 325 Outline 325 Rule 4:19. Physical and Mental Examination of Persons 327 Admissibility of a Disability Determination in a Civil Case 329 Rule 803 (c) (8) Public Records, Reports and Findings 331 Rule 803 (c) (6) Records of Regularly Conducted Activity 337 Rule 201 (7) Judicial Notice of Law and Adjudicative Facts 349 Rule 807 Discretion of Judge to Exclude Evidence Under Certain Exceptions 361 Allen v. Exxon Shipping Company 363 Nodzak v. Brinson 369 About the PanelistsS. 373

Personal Injury

Personal Injury

What to Expect in a Personal Injury Case.

Procedurally, the following events occur in most personal injury cases. First, we must complete our investigation and file. This will involve the collection of data from your physician, your employer, and our investigator. 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 that avenue is not productive, then a complaint is filed, and the parties served with notice that a claim has been made. The opposition then is given a fixed time to file what is known as an Answer. The Answer if usually followed by a request for written interrogatories. These are questions that must be answered by the claimant with the aid of counsel. 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, and in the event you are deposed during the course of this action, you will receive detailed instructions as to procedure. After taking depositions, the case will be set down for trial. Following the setting of the case for trial, there will be preliminary conferences commonly known as pretrial hearings.

Altogether, these procedures may take from six months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.

Doctor/ Treatment:

It will help your case to tell us and your doctors about any injury or medical problems before or after your accident. Good cases can be lost by the injured person's concealing or forgetting an earlier or later injury or medical problem. Insurance companies keep a record of any and all claims against any insurance company. The insurance company is sure to find out if you have ever made a previous claim.

Tell your doctors all of your complaints. The doctor's records can only be as complete as what you have given. Keep track of all prescriptions and medicines taken and the bills therefor. Also save all bottles or containers of medicine.

You should keep a diary of your experiences since your accident. In addition to this daily record, we also ask you to start describing a single day in the course of your life. In other words, describe what you do when you get up in the morning, the first thing you do after you go to work, what type of work and effort do you put into your employment, what activities you engage in after work, etc.

In other words, we need you to describe the changes in your working life, your playing life, your life as a husband or wife or child or parent. In your written description of your day, we would appreciate your explanation in the greatest detail possible and in your own words how the accident and subsequent injuries have affected your life, your personality, and your outlook.

And remember that suffering does not entail mere physical pain; suffering can be emotional and can be transmitted to your family and friends, at work and at play. When you have completed this description, please return it to this office in the enclosed envelope.

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. 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.

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.

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.

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 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.

* 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. * Bills: Retain all bills which relate to your damages, including medical expenses, hospital expenses, drugs and medicines, therapy, appliances, and anything needed to assist in your recovery. If possible, pay these bills by check or money order, so that a complete record may be kept. If this is not possible, be certain to obtain a complete receipt with the bill heading on it, to indicate where the receipt came from and the party issuing it. * Evidence: Be certain to keep anything that comes into your possession which might be used as evidence in your case, such as shoes, clothing, glasses, photographs, defective machinery, defective parts, foreign substances which may have been a factor in your accident, etc. Be sure to let the office know that you have these items in your possession. * Photographs: Take photographs of all motor vehicles, machinery, appliances, etc., that may be connected--directly or indirectly--with your accident. Again, be sure to let the office know that you have such photographs. * Diary: 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. * 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. * Insurance reports: Before making any report to your insurance company, consult with this office on the advisability of the type of reports to be made concerning liability, medical payment coverage, property damage, or other claims under your policy, or claims against your own policy by a third party. * 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. * 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. * Surveillance: 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.

Pedestrian Knockdown

Pedestrian Knockdown

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. Kenneth Vercammen has completed 20 Triathlons.

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.

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

9. Name of Police Officers, Department and Badge Number

11. Seek hospital/ medical attention.

12. Call your insurance company to report the accident.

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.

14. 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:

Financial Recovery for Victims

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 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 on a bicycle!] 4. Car Insurance Policy 5. Photos of damage to your bike and property 6. Photos of accident site 7. Major Med Card 8. Paystub if lost time from work

A person riding a bicycle is considered a pedestrian for purposes of 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 mothers automobile insurance PIP coverage because he was a members 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 defendants automobile insurance PIP coverage because he was a pedestrian, who sustained bodily injury caused by the defendants automobile. N.J.S.A. 39:6A-4. As the primary policy, plaintiffs mothers PIP coverage provided plaintiffs 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 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.

7. Investigation and Filing of Complaint 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.

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.

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.

CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 for an appointment

About Kenneth Vercammen:

Kenneth Vercammen is a Litigation Attorney in Edison, NJ, approximately 17 miles north of Princeton. He often lectures for the New Jersey State Bar Association on personal injury, criminal / municipal court law and drunk driving. He has published 125 articles in national and New Jersey publications on municipal court and litigation topics. He has served as a Special Acting Prosecutor in seven different cities and towns in New Jersey and also successfully defended hundreds of individuals facing Municipal Court and Criminal Court charges. In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on many personal injury matters, Municipal Court trials, matrimonial hearings and contested administrative law hearings. Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court), with the Delaware County, PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Dept as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA.

Personal Injury Articles from NJ Personal Injury Law Center

Monday, November 14, 2016

Plane Accident

PIP Personal Injury Protection

Pharmacy Negligence

Personal Injury Fact Sheet/Personal Injury Interview Form If Injured in an Accident

Personal Injury Cases: Verbal, Casinelli v. Manglapus, 357 NJ Super. 398 (App. Div. 2003)

Personal Injury Book and Audiotapes Co-Written by Kenneth Vercammen

Personal Injury

Pedestrian Knockdown

About Me

Blog Archive