10 Steps to Getting a Maximum Settlement for Your Injuries

10 Steps to Getting a Maximum Settlement for Your Injuries

We also Help Clients Fill out the insurance application to require insurance company to pay medical bills.

We help in Justice for the injured so that the injured doesn’t destroy their life.

Who has not had problems in the past with insurance companies failing to pay bills or losing your paperwork?

More  at http://www.njlaws.com/10_Steps_to_Getting_a_Maximum_Settlement_for_Your_Injuries.html?id=2571

Fighting Insurance Companies

1. Doctor/ Treatment

It will help your case to tell your attorney 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 and the bills therefore. Also save all bottles or containers of medicine.

2. Write down Medical and out of pocket 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. 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.

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.

3. Diary

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.

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.

Keep this 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.

4. 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 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.

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.

* 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.

5. 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.

6. 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.

7. 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.

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.

8. 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.

9. 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.

10. Warning: Videotape surveillance by Defendant Insurance Company

The 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.

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 doctors advice. If you have to do things that cause you pain, this can usually be explained to the full satisfaction of any court or jury.

There are cases where the insurance agent has attempted to discredit a personal injury plaintiff by taking movies of the claimant engaged in various physical activities. In one case, large rocks weighing over one hundred pounds were placed at the door of the garage during the night so that claimant would have to be forced to remove the rocks in order to drive to work. This, of course, was filmed and used to discredit the plaintiffs claim in court.

Since 1985, KENNETH VERCAMMEN, ESQ. has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN, ESQ. and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large.

While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that your case will receive the same degree of dedication and hard work that went into each of these prior cases.

In direct contrast to the hard-hitting approach we take toward the insurance companies is the soft approach we take toward our clients. I am proud of my compassionate staff as I am of the outstanding financial results they have achieved. For many years, I have watched them treat our clients with patience, dignity and respect. I would have it no other way.

Many years ago, I attended a seminar sponsored by the American Bar Association on Law Practice Management. This was to help insure that each of our clients is always treated like a person -- not a file! We recognize that you are innocent victims and that you have placed your trust in us. Please understand that we understand what you are going through. Feel comforted that we are here to help you.

If you retain KENNETH VERCAMMEN AND ASSOCIATES, P.C. to represent you, we will give you the same advice we give each of our clients -- concentrate on your life, your family and your health. We will take care of everything else. Leave all of the work and worry about your legal rights to us. Trust us. Believe in us. Have faith in us as your attorneys. Understand that we will always to do what we believe is best for you and your case. Helping you is our job. In fact, it is our only job -- guiding injury victims like you through one of the most difficult times of your lives, with care and concern -- while fighting aggressively to the limits of the law to obtain compensation and justice for each of you!

Print our Personal Injury Questionnaire on our Website, Fill it out and Fax back, so we can determine if we can help you obtain an injury settlement. We would welcome an opportunity to prove to you what we have proven to thousands of injured clients -- that you can feel comfortable and secure in the fact that KENNETH VERCAMMEN, ESQ. - Trial Attorney We Fight To Win.

When you have been injured in an accident or collision, you are worried about who is going to pay your medical bills, lost wages, and other damages. The last thing you want is to be taken advantage of by an insurance company. If you don’t protect your rights, you may not be able to make a claim.

Insurance companies have attorneys and adjusters whose goal is to pay you as little as they can. You need a New Jersey personal injury lawyer to fight for you. I am dedicated to helping your recover as much money as possible under the law.

You need an attorney who will work hard to protect your rights, maximize your insurance settlement and minimize the hassles of dealing with the insurance companies. You need an experienced and aggressive New Jersey trial lawyer with PROVEN RESULTS who will fight for you. Having an experienced New Jersey personal injury lawyer can make the difference between getting what you deserve and getting nothing.

Without the threat of a lawyer who is willing to go to trial and seek a big jury verdict, why would an insurance company pay you what your claim is really worth? Lawsuits can be expensive, and many people do not have the money to pursue their claim. In every case, I advance all costs associated with pursuing your case and I do not ask you for a penny until we recover from the other side.

An experienced trial attorney can make the difference. I am an experienced aggressive trial lawyer. I am not afraid to take your case to trial if that is what it takes to maximize the amount of money your recover for your personal injury. I offer one-on-one service, and I will not hand your case off to an inexperienced lawyer or a paralegal.

Reduce the stress of making a claim. Personal injury accidents can turn your life upside down. Making a personal injury claim can be difficult and time consuming. Once I take your case, you can stop worrying about dealing with the insurance companies and focus on recovering from your injuries. I take care of all of the paperwork, phone calls, and negotiations, so you can get on with your life.

p.s. For those clients who are afraid or reluctant to go to Court, KENNETH VERCAMMEN, ESQ. also offers a special -- For Settlement Only -- program. This means that if we are unable to settle with the insurance company, we will not go any further -- unless you want us to. You have my personal assurance that there will be absolutely no pressure and no obligation.

We handle personal injury cases on a contingency fee basis.
This means:
YOU DONT OWE ME A LEGAL FEE
UNLESS I RECOVER MONEY FOR YOU.

Call our office to schedule a confidential appointment 732-572-0500

Kenneth Vercammen, Esq.

Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney 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 each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.
Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the New Jersey Municipal Court Law Review.

Kenneth Vercammen & Associates.
2053 Woodbridge Avenue
Edison, NJ 08817
www.njpersonalinjurylawcenter.com

More  at http://www.njlaws.com/10_Steps_to_Getting_a_Maximum_Settlement_for_Your_Injuries.html?id=2571

Nursing Home and Assisted Living Facility Neglect

Nursing Home and Assisted Living Facility Neglect

Compiled by Kenneth Vercammen, Esq. from various sources

          The law imposes upon the owner of a nursing home, assisted living facility and any medical facility the duty to properly care for its residents. The owners must make the premises reasonably safe for residents. In other words, the law says that the owner of a nursing home or assisted living facility must exercise reasonable care to see to it that residents are protected from neglect. 

          The concept of reasonable care requires the owner of nursing home, assisted living facility to take action with regard to conditions and protect residents from dangerous conditions. In addition to protecting residents from neglect, if there was a condition of hallways or sidewalk that was dangerous in that it created an unreasonable risk of harm for residents, and if the owner knew of that condition or should have known of it but failed to take such reasonable action to correct or remedy the situation within a reasonable period of time, then the owner is negligent. More information at http://www.njlaws.com/nursing_home_liability.html?id=1267

          If someone was injured in the nursing home, a question of negligent and proximate cause must be answered.

          What is the negligence of the nursing home? If no negligence, Kenneth Vercammen's law office will not handle the case.

          Was the negligence the proximate cause of the injury?

In addition to fall downs, if a person is injured based on negligent "care" by a nursing home, assisted living facility, they also could be liable for damages.

          If Someone falls and is injured- at the accident scene.

1. Have someone call an Ambulance, tell them where the accident occurred

2. Notify the property manager or owner, if possible. Insist they observe where you fell. For example, if you fall on a slippery hallway or sidewalk, notify the manager.

3. Get names and addresses of all witnesses. Any Witnesses will be a tremendous help to you in any subsequent court action if there is any question of liability involved. Get the names and addresses of as many witnesses as possible. If they refuse to identify themselves, jot down any identifying details.

4. While waiting for ambulance, try to write down- Accident Information Date __ Time __ Location __ Weather __

5. Write Summary of accident __

6. Diagram of accident location

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

8. Write down name of Ambulance crew, Police Officers, Department and Badge Number, etc.

9. Do not assign or accept blame for the accident. - The scene of the accident is not the place to determine fault. Discuss the accident only with the ambulance and medical personnel.

10. Have immediate photos taken of accident site.

11. Call a personal injury attorney immediately, not a real estate attorney. Call Kenneth A. Vercammen- Trial Attorney   (732) 572-0500 When you need help the most, we will be ready to help you.

12. Never give a signed statement to the claims adjuster representing the property owner's insurance company. The same goes for a phone recording. They may be used against you in court to deny your claim. Speak with your personal injury attorney first.

Financial Recovery if Injured Based on Neglect or Negligence of a Nursing Home or Assisted Living Facility

1. Kenneth Vercammen Helps Injured persons A person who is injured as a result of the negligence of another person is what we in the legal profession refer to as a personal injury claimant. In other words, they have been injured as a result of an accident, and now wish to prosecute a claim against a negligent property owner and its insurance company. As the attorney of record, we can bring on action for the injured person. Therefore, I request that all clients do as much as possible to cooperate and help in every way. The purpose of this article is to describe the procedure that we may follow and give you sufficient instructions to enable you to assist us in this undertaking. Needless to say, helping us is just another way of helping yourself.

2. Clients should provide my office with the following 1. Any bills 2. All Hospital or doctor records in your possession 3. Photos of scars, cuts, bruises 4. Photos of damage to your clothes and property 5. Photos of accident site 6. Major Med Card 7. Paystub if lost time from work

IF YOU HAVE BEEN INJURED BASED ON NEGLECT OR NEGLIGENCE

It is important that you -- 1. DO NOT discuss your case with anyone except your doctors and attorney. 2. DO NOT make any statements or give out any information. 3. DO NOT sign any statements, reports, forms or papers of any kind. 4. If you or any witnesses should move, be sure to notify your attorney of the new address. 5. Refer to your attorney anyone who asks you to sign anything or to make any statement or report or who seeks information concerning your case. 6. Direct your doctor and other treatment providers not to furnish or disclose any information concerning your case to any entity other than your insurance company without YOU AND YOUR ATTORNEY'S WRITTEN PERMISSION. 7. You may have insurance coverage such as Blue Cross, Blue Shield or Major Medical which require prompt attention. However, be sure to have your treatment providers send bills immediately to all of your insurance companies. 8. Notify your attorney promptly of any new developments. Small things may be important. Keep your attorney informed. 9. Maintain accurate records of all information and data pertaining to your case.

3. Attorney- Client Confidential Relationship First, I want to thank our clients for giving me the opportunity to assist them in their case. I am a legal professional and I have great pride and confidence in the legal services that I perform for clients during our relationship as attorney-client. If you have concerns about your case, please call my office. (732) 572-0500 We feel that this case is extremely important not only to you, but to this office as well. This is not simply a matter of obtaining just compensation for you, although that is very important; we take professional pride in guiding our clients carefully through difficult times to a satisfactory conclusion of their cases.

4. Submit Bills to Major Medical Immediately

5. Diary We want you to keep a diary of your experiences since your accident. In addition to this daily record, we also ask you to start describing a single day in the course of your life. In other words, describe what you do when you get up in the morning, the first thing you do after you go to work, what type of work and effort you put into your employment, what activities you engage in after work, etc. In other words, we need you to describe the changes in your working life, your playing life, your life as a husband or wife or child or parent. In your written description of your day, we would appreciate your explanation in the greatest detail possible and in your own words how the accident and subsequent injuries have affected your life, your personality, and your outlook. Remember that suffering does not entail mere physical pain; suffering can be emotional and can be transmitted to your family, friends, and co-workers. Keep a diary of all matters concerning this accident-no matter how trivial you think it may be. You should include notes on the treatments you receive, therapy, casts, appliances, hospitalization, change of doctors, change of medication, symptoms, recurrence, setbacks, disabilities and inconveniences. If you have any doubt about the propriety of including some particular information, please call the office and let us assist you.

6. Record expenses You can also begin to set up a system for recording the expenses incurred in conjunction with your claim in minute detail. Medical and legal expenses are a strong part of the value of your lawsuit, so good records of these expenses must be kept at all times. From time to time, however, there will be expenses incurred that you must keep track of yourself. We ask you to make every effort to avoid any possible error or inaccuracy as jurors have a relentless reverence for the truth. Keep your canceled checks and your list of expenses together, for we will need them at a later date. Your attorney will keep track of your legal expenses, which may include costs of filing, service of complaint, investigation, reports, depositions, witness fees, hospital/ medical records, etc.

7. Investigation and Filing of Complaint Procedurally, the following events occur in most personal injury cases. First, your attorney must complete the investigation. This will involve the collection of information from your physician and others. We will need your doctors to provide us with copies of all bills, medical records and possibly a medical report. When we feel that we have sufficient information to form an opinion as to the financial extent of your damages, we will commence negotiations with the opposition for a settlement. If the insurance company will not make an adequate offer, then a Complaint and Case Information Statement is prepared by your attorney. It is filed in the Superior Court, Law Division. Your attorney then will prepare a summons and have the defendants personally served with the Summons and Complaint. The defendant, through their insurance company, must file an "Answer" within 35 days.

Kenneth Vercammen's office generally does not file a Complaint until the treating doctor signs an affidavit of merit setting forth why the injury is permanent and the diagnostic tests upon which the permanent injury is based. You will need to speak with your doctor to ask if you have a permanent injury.

8. Interrogatory Questions and Discovery The Answer is followed by a request for written interrogatories. These are questions that must be answered by each party. The Superior Court has set up certain Form Interrogatory Questions which are contained in the Rules of Court to be filled out in all injury cases. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question. The deposition is just as important as the trial itself. In the event you are deposed during the course of this action, you will receive detailed instructions as to the procedure and will be required to watch a videotape. After taking depositions, the case will be set down for an Arbitration. If the parties do not settle after the Arbitration, the case will be given a trial call date. Altogether, these procedures may take from twelve months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.

9. Doctor/ Treatment It will help your case to tell us and your doctors about any injury or medical problems before or after your accident. Good cases can be lost by the injured person concealing or forgetting an earlier or later injury or medical problem. Insurance companies keep a record of any and all claims against any insurance company. The insurance company is sure to find out if you have ever made a previous claim. Tell your doctors all of your complaints. The doctor's records can only be as complete as what you have given. Keep track of all prescriptions and medicines taken and the bills. Also save all bottles or containers of medicine.

10. Bills Retain all bills which relate to your damages, including medical expenses, hospital expenses, drugs and medicines, therapy, appliances, and anything needed to assist in your recovery. If possible, pay these bills by check or money order, so that a complete record may be kept. If this is not possible, be certain to obtain a complete receipt with the bill heading on it, to indicate where the receipt came from and the party issuing it.

11. Evidence Be certain to keep anything that comes into your possession which might be used as evidence in your case, such as shoes, damaged clothing, glasses, photographs, defective machinery, defective parts, foreign substances which may have been a factor in your accident, etc. Be sure to let the office know that you have these items in your possession.

12. Photographs Take photographs of the bed, accident site, etc.,--anything that may be connected--directly or indirectly--with your injury. Again, be sure to let the office know that you have such photographs.

13. Keep your attorney advised Keep this office advised at all times with respect to changes in address, important changes in medical treatment, termination of treatment, termination of employment, resumption of employment, or any other unusual change in your life.

14. Lost wages If the injured person was employed, keep a complete record of all lost wages.

15. New information In the event that any new information concerning the evidence in this case comes to your attention, report this to the attorney immediately. This is particularly true in the case of witnesses who have heretofore been unavailable.

Do not discuss the case The insurance company may telephone you and record the conversation or send an adjuster (investigator) who may carry a concealed tape recorder. You should not discuss your case with anyone.

The value of a case depends on the Permanent Injury, medical treatment and doctor's reports Undoubtedly, you have questions as to how much your case is worth. We are going to be frank: The fact of the matter is there can be no answer to this question until we have completed the investigation in your case. Once we complete our investigation, of course, we can make a determination as to the amount of the defendant's liability, if any, and even at that we will only be at a starting point. After that, we must obtain all necessary information concerning your disability, your partial disability, your life changes, and your prognosis. You may rest assured of one thing, however, and that is the fact that your case will not be settled below its true value, that is the fair compensation for the injuries you have received. You may also rest assured that no settlement agreement will be entered into without your consent.

Conclusion We appreciate that this is a great deal of information to absorb. We also appreciate that our requests for client's assistance have been numerous. However, we are certain that our clients appreciate having this information from the outset. Each request and bit of information given here represents an important part in recovering full value for your injury. Therefore, we respectfully request your full cooperation. If you have questions or concerns regarding these instructions, we encourage you to feel free to contact the office at any time.

More information at http://www.njlaws.com/nursing_home_liability.html?id=1267

Office space for rent

Office space for rent

PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE

2053 Woodbridge Ave.

Edison, NJ 08817

 Excellent space for an Attorney, Financial Planners, Accountant, Insurance Agents, and other Business Professionals as a 2nd location or location to meet clients in Edison.

  The offices are located on the 1st floor of the building.

2 rooms office   

office room # 6 approx 12.4 x 9.4        

and front room appr 8 x 9 -office room # 5

plus use of reception room  16.6 x 7.2

and use of storage area in basement 

   Previously used by Robert Blackman, late former Judge and Prosecutor of Edison

         

$500 per month [was $600]

Call 732-572-0500

    Owner of building is local attorney, Kenneth Vercammen who handles Municipal Court, Estate Planning & Probate, and Criminal Law. 

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

Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Don't give up! Our Law Office can provide experienced attorney representation if you are injured in an accident and suffer a Serious Injury. Uninsured and Underinsured Injury Cases. Injured Persons Obtaining Money Recovery if Negligent Drivers Don¹t Have Adequate Insurance.Most injuries to drivers involved in multi-vehicle accidents are the fault of the other driver and, even though you may have adequate insurance coverage, the responsible party may not. New Jersey law generally requires a driver to have: $15,000 for injury or death of 1 person per accident. $30,000 for injury or death of 2 or more persons per accident. $5,000 for property damage per accident. However, New Jersey also permits the sale of a new ³basic² policy which essentially provides no coverage at all if someone is injured. "Uninsured motorist" means that the person responsible for your injuries is operating a vehicle without any insurance coverage whatsoever. If you have purchased uninsured motorist coverage, you will be able to collect from your insurance company to recoup your damages (both property and personal). "Underinsured motorist" means that the person responsible for your injuries has opted to purchase only the minimum policy required by law. If you have purchased underinsured motorist coverage, you will be able to collect from your insurance company to recoup your damages (both property and personal) that exceed the responsible party's limits. We can often help you if you are seriously injured and the defendant has minimal coverage or was uninsured. It is imperative that you carry insurance that includes "uninsured motorist" coverage and "underinsured motorist" coverage. Drivers are responsible to pay for catastrophic injuries. You must protect your interests and your future by making sure that your insurance policy includes protection against drivers who are irresponsible. In the event that you have been hit and injured by someone who carries only the minimum policy required by law, or even worse someone who has no insurance coverage at all, you must protect yourself. Never drive or ride without insurance and never purchase insurance without including high uninsured motorist coverage and underinsured motorist coverage. The nominal fee that insurance companies charge for the extra coverage may save you thousands of dollars in the long run. "We strongly recommend that every person carry a minimum of $300,000 in uninsured/underinsured coverage. This is the insurance you carry that protects YOU, not the other guy - who's more important? The cost is minimal and the benefits to you if you need it can protect you against devastation."

RULE 4:44. Proceedings To Approve Settlements

 RULE 4:44. Proceedings To Approve Settlements 

4:44-1. Venue; Filing 

Actions brought in the Superior Court on behalf of a minor or mentally incapacitated person, instituted without process, for the purpose of obtaining the court's approval of a settlement shall be brought in any county in which the venue might be laid under R. 4:3-2, and in such actions in the Superior Court, the papers shall, unless the court otherwise orders, be filed with the deputy clerk of the Superior Court in the county of venue before the hearing on the application for approval. 

Note: Source-R.R. 4:56A(a)(b); amended July 26, 1984 to be effective September 10, 1984; amended July 13, 1994 to be effective September 1, 1994; amended June 28, 1996 to be effective September 1, 1996; amended July 12, 2002 to be effective September 3, 2002. 

4:44-2. Medical Testimony 

Medical testimony as to the injuries of a minor or mentally incapacitated person given in proceedings to obtain the approval of a settlement shall be that of the attending or consulting physician and may be submitted by affidavit unless the court, for good cause shown, permits the testimony of other medical experts or in its discretion requires the physician's personal appearance. 

Note: Source-R.R. 4:56A(c); amended July 13, 1994 to be effective September 1, 1994; amended July 12, 2002 to be effective September 3, 2002. 

4:44-3. Hearing; Order; Expenses 

All proceedings to enter a judgment to consummate a settlement in matters involving minors and mentally incapacitated persons shall be heard by the court without a jury. The court shall determine whether the settlement is fair and reasonable as to its amount and terms. In the case of a structured settlement providing for deferral of all or part of the proceeds thereof, the court shall also satisfy itself, based on the financial security of the obligor or surety and such other relevant facts as may be adduced, of the reasonable certainty that all future payments will be made as proposed by the settlement. If the court approves the settlement it shall enter an order reciting the action taken and directing the appropriate judgment in accordance with R. 4:48A, whose provisions shall also apply to deferred payments under structured settlements. The court, on the request of the claimant or the claimant's attorney or on its own motion, may approve the expenses incident to the litigation, including attorney's fees. If the fees of the attorney representing the guardian ad litem are to be paid by the defendant, the defendant shall upon the court's request make available to it defendant's complete file in the action. 

Experts Not mandatory in NJ Elevator/Escalator Injury WENDY LAZARUS v. PORT AUTHORITY OF NEW YORK & NEW JERSEz

Experts Not mandatory  in NJ Elevator/Escalator Injury WENDY LAZARUS v. PORT AUTHORITY OF NEW YORK & NEW JERSE

December 29, 2014

 

Before Judges Hayden and Sumners.

On appeal from Superior Court of New Jersey, Law Division, Hudson County, Docket No. L-5670-11.

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0PER CURIAM

Plaintiff Wendy Lazarus appeals from the August 9, 2013 Law Division order granting summary judgment to defendants Port Authority of New York and New Jersey (Port Authority) and Schindler Elevator Corporation (Schindler), and dismissing plaintiff's personal injury complaint. On appeal, plaintiff contends that she did not need an expert witness as she had demonstrated a prima facie case of negligence under the doctrine of res ipsa loquitur. After reviewing the facts and applicable legal principles, we reverse and remand for further proceedings.

Viewed in the light favorable to the non-moving party, Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540 (1995), the facts reveal that on December 29, 2010, plaintiff was on her way to work when she entered an elevator at the Pavonia-Newport PATH train station. At the time the elevator doors were open, the floor appeared level with the platform, and no one was in the elevator. As she put her leg into the open elevator, the elevator abruptly rose three to four inches above the platform level, causing plaintiff to fall forward onto her hands and knees. The doors closed immediately. Plaintiff reported the incident to a security worker at the station and later that afternoon made a formal report. Plaintiff went to a hospital after work due to knee pain, where she learned that she had a fractured patella.

On November 2, 2011, plaintiff filed a civil complaint against the defendants, alleging that the Port Authority was liable as the owner and operator of the facility and that Schindler was liable as the maintenance company for negligently maintaining the elevator. Defendants' maintenance records show that prior to the event, the elevator in question had recurring problems. Specifically, in the month before her accident, on November 30 and December 6, 2010, repair technicians addressed issues with the elevator. Plaintiff also argued that about twelve hours prior to her accident, technicians were called to "troubleshoot [the] controller and valve" on the elevator in response to a reported problem. The technician returned the elevator to service less than an hour before plaintiff entered it.

After discovery ended, defendants filed a motion for summary judgment dismissing the case contending that plaintiff's expert's report should be stricken as a net opinion, and that the doctrine of res ipsa loquitur did not apply in the case. After hearing oral argument, the trial judge granted defendants' motion. The trial judge first struck plaintiff's expert's report as a net opinion. The trial court then concluded that, without an expert opinion establishing negligence, summary judgment was appropriate because "the common knowledge of lay jurors is incapable of assessing negligence of both defendants" and thus, "there [was] no basis for a reasonable jury to find in favor of the plaintiff[.]"

The trial court also found that plaintiff could not proceed under a theory of res ipsa loquitur since an expert's testimony was still required to determine whether defendants were negligent in maintaining and operating the elevator. The trial court reasoned that the mechanics of how elevators work was a complex issue that jurors could not understand without the assistance of expert testimony. This appeal followed.

On appeal, plaintiff's sole contention is that the trial court erred in granting summary judgment as expert testimony was not required for plaintiff to proceed under a theory of res ipsa loquitur.1 We agree.

We review a trial court's decision to grant or deny summary judgment de novo, Heyert v. Taddese, 431 N.J. Super. 388, 411 (App. Div. 2013), utilizing "'the same standard [of review] that governs the trial court.'" Mem'l Props., LLC v. Zurich Am. Ins. Co., 210 N.J. 512, 524 (2012) (quoting Henry v. N.J. Dep't of Human Servs., 204 N.J. 320, 330 (2010)). Because our review is de novo, we "accord no deference to the trial judge's conclusions on issues of law." Depolink Court Reporting & Litig. Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. Div. 2013). Thus, the evidence must be viewed "in the light most favorable to the non-moving party" and must be analyzed to determine "whether the moving party was entitled to judgment as a matter of law." Mem'l Props., supra, 210 N.J. at 524 (citing Brill, supra, 142 N.J. at 523); see also R. 4:46-2(c).

The doctrine of res ipsa loquitur arose from public policy concerns in order to allow "a blameless injured plaintiff to obtain an inference of negligence where certain required factors are present." Mayer v. Once Upon A Rose, Inc., 429 N.J. Super. 365, 374 (App. Div. 2013). The doctrine creates a permissive inference, which may be accepted or rejected by a jury, that "if due care had been exercised by the person having control of the instrumentality causing the injury, the mishap would not have occurred." Ibid. (citations omitted).

Res ipsa loquitur "permits an inference of defendant's negligence where (a) the occurrence itself ordinarily bespeaks negligence; (b) the instrumentality was within defendant's exclusive control; and (c) there is no indication in the circumstances that the injury was the result of the plaintiff's voluntary act or neglect." Jerista v. Murray, 185 N.J. 175, 192 (2005) (internal citations and quotation marks omitted). While the doctrine does not shift the burden of proof, the presentation of a prima facie case based on res ipsa generally assures that a plaintiff "will survive summary judgment." Id. at 193.

"Whether an occurrence 'ordinarily bespeaks negligence' depends on the balancing of probabilities being in favor of negligence." Buckelew v. Grossbard, 87 N.J. 512, 526 (1981). It follows that a plaintiff has demonstrated the doctrine of res ipsa loquitur "if it is more probable than not that the defendant has been negligent." Myrlak v. Port Auth. of N.Y. & N.J., 157 N.J. 84, 95 (1999) (citing Buckelew, supra, 87 N.J. at 526).

New Jersey courts have consistently recognized the doctrine of res ipsa loquitur in cases involving malfunctioning complex instrumentalities such as escalators, elevators, and automatic sliding doors. See, e.g., Rose v. Port of N.Y. Auth., 61 N.J. 129, 136-37 (1972) (holding that res ipsa loquitur could be invoked where the plaintiff was injured by an automatic sliding door); Rosenberg v. Otis Elevator Co., 366 N.J. Super. 292, 298, 300-03 (App. Div. 2004) (finding that res ipsa loquitur applies where the plaintiffs were injured after an elevator dropped three floors); Pisano v. S. Klein on the Square, 78 N.J. Super. 375, 379, 395-97 (App. Div.), certif. denied, 40 N.J. 220 (1963) (holding that res ipsa loquitur could be used to show negligence with respect to the defendant's escalators).

It is important to note that res ipsa loquitur "is not a theory of liability[.]" Myrlak, supra, 157 N.J. at 95. Rather, it is a method by which plaintiffs can circumstantially prove the existence of negligence by permitting the fact-finder to infer that the defendants were negligent or failed to act with due care. See Rosenberg, supra, 366 N.J. Super. at 301 (internal citations omitted). "Where applicable, res ipsa allows a plaintiff to establish a prima facie case and to withstand a motion to dismiss for lack of direct proof of negligence. Res ipsa does not shift the burden of proof to the defendant, but only the burden of producing evidence." Knight v. Essex Plaza, 377 N.J. Super. 562, 569 (App. Div. 2005), overruled on other grounds by Jerista, supra, 185 N.J. at 195 (citing Myrlak, supra, 157 N.J. at 96).

Under the first element of res ipsa loquitur, courts have concentrated primarily on two factors: (1) whether it is more probable than not that the defendant was negligent in causing the accident2 and (2) whether plaintiff must present expert testimony. This first factor focuses on whether the accident is of the type that would not ordinarily occur absent negligence. Buckelew, supra, 87 N.J. at 526. Plaintiffs are not required to explain all of the reasons why an instrument has malfunctioned or to eliminate each of these as the true cause of the malfunction. Rather,

[t]he requirement as it is generally applied is more accurately stated as one that the evidence must afford a rational basis for concluding that the cause of the accident was probably "such that the defendant would be responsible for any negligence connected with it." That does not mean that the possibility of other causes must be altogether eliminated, but only that their likelihood must be so reduced that the greater probability lies at defendant's door.

[Brown v. Racquet Club of Bricktown, 95 N.J. 280, 292 (1984) (internal citations omitted).]

Moreover, instead of requiring the plaintiff to eliminate these other causes, res ipsa shifts the burden to the defendant to explain why the instrumentality malfunctioned. The rationale behind this burden-shifting is that the defendant is more knowledgeable about the instrument and has greater access to the evidence. See Jerista, supra, 185 N.J. at 192; see also Rose, supra, 61 N.J. at 137.

With respect to the second res ipsa element, "[e]xclusive control of the instrumentality by the defendant is . . . the essence of this rule of evidence." Bornstein v. Metro. Bottling Co., Inc., 26 N.J. 263, 271 (1958). This element does not mandate that "a plaintiff exclude all other possible causes of an accident, only that it is more probable than not that defendant's negligence was a proximate cause of the mishap." Luciano, supra, 306 N.J. Super. at 313. In holding that the exclusive control element of the res ipsa doctrine was met when a metal gate in Port Authority building fell on a passerby, we pointed out that

Given the Authority's well-established duty to provide a reasonably safe place for its patrons to do that which is within the scope of the invitation, it was error to require [plaintiff] to establish that prior unknown conduct by a member or members of the public did not cause the gate to fall upon him. To the contrary, the 'duty to maintain safe premises and protect invitees includes an affirmative obligation upon the proprietor to inspect the premises 'to discover their actual condition and any latent defects,' . . . as well as 'possible dangerous conditions of which he does not know.'"

[Id. at 313-14 (citing Brown, supra, 95 N.J. at 290-91).]

Moreover, exclusive control is not limited to a single defendant. See Apuzzio v. J. Fede Trucking, Inc., 355 N.J. Super. 122, 128 (App. Div. 2002). Rather, "an instrumentality causing injury may be in joint control of two defendants in which event the doctrine of res ipsa loquitur will apply against both of said defendants." Id. at 129 (citing Meny v. Carlson, 6 N.J. 82, 94 (1950)).

Having reviewed the evidence and drawn all reasonable inferences in favor of plaintiff, Brill, supra, 142 N.J. at 523, we find that plaintiff has established a prima facie case for negligence through the doctrine of res ipsa loquitur. Here, plaintiff, a business invitee, entered the open and apparently stationary elevator at the PATH station, which abruptly rose several inches, causing plaintiff to fall forward, injuring her knee. Common knowledge suggests that elevators do not usually operate in the manner reported by plaintiff and that such an accident does not normally occur absent negligence. Thus, the trial court erred in finding that plaintiff could not proceed under this theory.

We view the circumstances present here as analogous to those in Rose and Luciano, where res ipsa loquitur was found to be applicable. See Rose, supra, 61 N.J. at 136-37 ("Members of the public passing through automatic doors . . . do so generally without sustaining injury[]" and when such injury does occur, "[i]t strongly suggests a malfunction which in turn suggests neglect."). Our conclusion is further bolstered by the fact that there had been several prior complaints made to defendants regarding the particular elevator that injured plaintiff. Indeed, the last reported problem occurred less than twenty-four hours before plaintiff's accident. Cf. Gore v. Otis Elevator Co., 335 N.J. Super. 296, 302 (App. Div. 2000) (reasoning that res ipsa loquitur did not apply because there was no evidence that defendant had made any repairs or received any complaints about the elevator prior to the accident).

We reject defendants' argument that the cause of the malfunction was so complex or specialized that the fact-finder would be unable to understand it without an expert witness. On the contrary, plaintiff can rely on the common knowledge and experience of the fact-finder to deduce what happened without an expert's opinion. See Jerista, supra, 185 N.J. at 195, 197 (expert testimony not required to establish under res ipsa that the accident was more likely than not the result of defendants' negligence). Consequently, although this case involves a complex instrumentality, scientific or technical knowledge is not essential to the fact-finder understanding what happened and determining whether defendants were negligent. The average person does not need to resort to scientific or technical knowledge to understand that an elevator generally does not abruptly rise off the floor as a patron is entering it and before the doors have closed.

We also reject defendant's argument that plaintiff bears the initial burden of explaining what caused the elevator to malfunction. Such an argument miscomprehends Jerista, which explicitly found that the burden of explaining why an instrumentality malfunctioned is squarely on defendants because of their superior knowledge and access to the relevant information. See Jerista, supra, 185 N.J. at 192; see also Rose, supra, 61 N.J. at 137 (citing Wollerman v. Grand Union Stores, Inc., 47 N.J. 426, 430 (1966) ("The situation being peculiarly in the defendant's hands, it is fair to call upon the defendant to explain, if he wishes to avoid an inference by the trier of the facts that the fault probably was his.")).

We also note that the plaintiff has established that the defendants were in exclusive control of the elevator. The Port Authority owned and operated the PATH station where the accident occurred and contracted with Schindler to inspect, maintain, and repair the elevators at this particular train station. Nothing in the record suggests that the Port Authority relinquished complete control to Schindler, that only Schindler had access to the elevator in question, or that third parties had access to the inner workings of the elevator. Additionally, we note that neither defendant has presented evidence that would suggest that plaintiff or a third party was at fault or contributed to the accident.

In sum, the record viewed in the light most favorable to plaintiff showed that the occurrence here bespeaks negligence, the instrumentality was in the exclusive control of defendants, and plaintiff did not contribute to the accident. Accordingly, we are satisfied that plaintiff may proceed in reliance on the res ipsa loquitur doctrine without expert testimony. Of course, defendants are free to produce evidence that it was not negligent as the res ipsa inference is merely permissive. Jerista, 185 N.J. at 193.

Reversed and remanded. We do not retain jurisdiction.

1 Plaintiff is not appealing the part of the order striking her expert's report.

2 Some cases examine this factor under the first element whereas other cases consider this a factor under the second element of res ipsa loquitur. See Szalontai v. Yazbo's Sports Caf , 183 N.J. 386 (2005) (noting that "[w]hether an occurrence ordinarily bespeaks negligence is based on the probabilities in favor of negligence.") (quoting Myrlak, supra, 157 N.J. at 95). Cf. Luciano v. Port Auth. Trans-Hudson Corp., 306 N.J. Super. 310, 313 (App. Div. 1997)

Liability for snow and ice fall downs and injury claims

Liability for snow and ice fall downs and injury claims

The NJ law imposes upon the owner of commercial or business property the duty to use reasonable care to see to it that the sidewalks abutting the property are reasonably safe for members of the public who are using them. In other words, the law says that the owner of commercial property must exercise reasonable care to see to it that the condition of the abutting sidewalk is reasonably safe and does not subject pedestrians to an unreasonable risk of harm.

The concept of reasonable care requires the owner of commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it.

Property owners also have an obligation to keep their parking lots clean and safe.

    The Anchor tenant stores often also have duties under a lease and under the law. The snow removal and maintenance companies are also sometimes to blame for negligence & injuries.

         Inside, the commercial business typically is liable for fall downs, not the property owner. For example, if someone slips and falls inside the store, restaurant or hotel, the negligent company is liable. This includes slip and falls on wet floors near the entrance to a store or public business.

What actions must the owner of commercial property take with regard to defects/snow/ice accumulation/dangerous conditions? The action required by the law is action which a reasonably prudent person would take or should have taken in the circumstances present to correct the defect/snow/ice accumulation/ dangerous condition, to repair it/remove it or to take other actions to minimize the danger to pedestrians (for example, to give warning of it) within a reasonable period of time after notice thereof. The test is: did the commercial property owner take the action that a reasonably prudent person who knows or should have known of the condition would have taken in that circumstance? If he/she did, he/she is not negligent. If he/she did not, he/she is negligent.

The NJ Supreme Court held Commercial landowners are responsible for maintaining in reasonably good condition the sidewalks abutting their property and are liable to pedestrians injured as a result of their negligent failure to do so." Stewart v. 104 Wallace St., Inc., 87 N.J. 146, 157 (1981). A commercial landowner may be liable to a pedestrian who is injured due to the condition of the sidewalk, "if, after actual or constructive notice, [the owner] has not acted in a reasonably prudent manner under the circumstances to remove or reduce the hazard." Mirza v. Filmore Corp., 92 N.J. 390, 395 (1983). The commercial property owner's duty to maintain the sidewalk includes the obligation to remove snow or ice if the failure to do so would be negligent under the circumstances. Ibid.

     The following is the portion of the NJ Model Jury charge 5.20 which we used once in a successful case. The Judge read this law to the jury:

  

        The owner of commercial or business property is chargeable with a duty of making reasonable observations of his/her property, including the abutting sidewalk, in order to discover any dangerous condition that might develop or occur. The owner must make observations of his/her property, including the sidewalk, with the  frequency that a reasonably prudent commercial property owner would in the circumstances. If you find that such a reasonable observation would have revealed the dangerous condition alleged in this case, then the property owner is chargeable with notice of the condition although he/she did not actually know about it; that is, he/she is as much responsible for the condition as if he/she had actual knowledge of its existence.

If the unsafe condition is alleged to be snow and ice, N.J.S.A. 40:64-12 and any ordinance adopted by the municipality might be charged as a factor, the jury should consider the reasonableness of the time the defendant(s) has (have) waited to remove or reduce a snow or ice condition from the sidewalk.

If, therefore, you find that there was a condition of this sidewalk that was dangerous in that it created an unreasonable risk of harm for pedestrians, and if you find that the owner knew of that condition or should have known of it but failed to take such reasonable action to correct or remedy the situation within a reasonable period of time thereafter as a reasonably prudent commercial or business owner would have done under the circumstances, then the owner is negligent.

Where there is both a commercial and residential use of the property, the predominant use will determine the status of the property. Avalone v. Mortimer, 252 N.J. Super. 434 (App. Div. 1991), Wasserman v. W. R. Grace Co., 281 N.J. Super. 34 (App. Div. 1995). Hambright v. Yglesias, 200 N.J. Super. 392, 395 (App. Div. 1985), (two-family home utilized as apartment building in commercial property so as to impose duty upon owner to remove the ice from abutting sidewalk). Borges v. Hamad, 247 N.J. Super 353 (Law Div. 1990); aff’d, 247 N.J. Super. 295 (App. Div. 1990) (owner-occupied three-family house in a residential zone, with two rental units occupied solely by family members, is residential property). There is no affirmative duty on a charitable or religious institution to maintain public sidewalks abutting their properties. Lombardi v. First United Methodist Church, 200 N.J. Super. 646 (App. Div. 1985). But see Brown v. St. Venatius School, 111 N.J. 325 (1998) (school deemed commercial); Restivo v. Church of St. Joseph, 306 N.J. Super. 456 (App. Div. 1997) (leasing apartments even at below fair market value deemed commercial); Gilhooly v. Zeta Psi Fraternity, 243 N.J. Super. 201 (Law Div. 1990) (fraternity deemed commercial property owner).

The Owner of a vacant lot is not a commercial landowner for purposes of imposing sidewalk liability irrespective of the commercial status of the owner or the zoning. Briglia v. Mondrian Mortgage Corporation, 304 N.J. Super. 77 (App. Div. 1997); Abraham v. City of Perth Amboy, 281 N.J. Super. 81 (App. Div. 1995). 

The commercial property owner's responsibility to maintain the abutting sidewalk extends to commercial tenants in exclusive possession of the property. Antenucci v. Mr. Nick's Mens Sportswear, 212 N.J. Super. 124, 128-29 (App. Div. 1986). The liability of a commercial tenant for failure to maintain a sidewalk "is concurrent with that of the property owner." Jackson v. K-Mart Corp., 182 N.J. Super. 645, 651 (Law Div. 1981)..

See Christmas v. City of Newark, 216 N.J. Super. 393, 400 (App. Div. 1987) holding that Stewart, supra, establishes an absolute municipal immunity for deteriorated sidewalks; but, cf. Levin v. DeVoe, 221 N.J. Super. 61, at 64 n.1 (App. Div. 1987) disagreeing with the holding in Christmas. Shade Tree Commissions created by municipalities are granted absolute immunity pursuant to statute.

IF YOU FALL DOWN:

AT THE ACCIDENT SCENE

1. Stop . . . do not leave the scene of the accident. CALL THE AMBULANCE, tell them where the accident occurred and (ask for medical help as needed).

2. Notify the property manager or owner, if possible. Insist they observe where you fell. For example, if you fall on an icy sidewalk at the store/ business, notify the manager.

3. Get names and addresses of all witnesses- Witnesses will be a tremendous help to you in any subsequent court action if there is any question of liability involved. Get the names and addresses of as many witnesses as possible. If they refuse to identify themselves, jot down the license plate numbers of their automobiles. Do not discuss the accident with the witnesses. Do not give the witnesses' names to anyone but the police, your attorney or your insurance company.

4. You or friend/ family use a cell phone to take photos of the scene and negligent condition.

While waiting for ambulance, write down- Accident Information Date __ Time __ Location __ Weather __ Road conditions __ Damage __

5. Summary of accident __

6. Diagram of accident location

7. Call an ambulance. If you have any reason to suspect you were injured in the accident, go to a hospital immediately or see a physician promptly. You'll want it on record that you sought treatment right away, not in a week or so.

8. Write down name of Police Officers, Department and Badge Number, Ambulance crew, etc.

9. Do not assign or accept blame for the accident. - The scene of the accident is not the place to determine fault. Discuss the accident only with the ambulance and medical personnel, your attorney and with representatives of your insurance company. Give the store your name and address. - Be cooperative with the police.

10. Have immediate photos taken of accident site if you don’t have cell phone or camera.

11. Call a personal injury attorney immediately, not a real estate attorney. Call Kenneth A. Vercammen- Trial Attorney  

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

      When you need help the most, we will be ready to help you. 

12. Never give a signed statement to the claims adjuster representing the property owner's insurance company. The same goes for a phone recording. They may be used against you in court to deny your claim. Speak with your personal injury attorney first.

IF YOU HAVE BEEN INJURED BY SLIPPING ON SNOW OR ICE

It is important that you --

1. DO NOT discuss your case with anyone except your doctors and attorney. 

2. DO NOT make any statements or give out any information.

3. DO NOT sign any statements, reports, forms or papers of any kinds, .

4. DO NOT appear at police or other hearings without first consulting with your attorney. INFORM YOUR ATTORNEY PROMPTLY of any notice, request or summons to appear at any hearings.

5. Refer to your attorney anyone who asks you to sign anything or to make any statement or report or who seeks information concerning your case.

6. Direct your doctor and other treatment providers not to furnish or disclose any information concerning your case to any entity other than your insurance company without YOU AND YOUR ATTORNEY'S WRITTEN PERMISSION.

7. You may have insurance coverages such as Blue Cross, Blue Shield or Major Medical, which require prompt attention. However, be sure to have your treatment providers send bills immediately to all of your insurance companies.

8. Notify your attorney promptly of any new developments. Small things may be important. Keep your attorney informed.

9. Maintain accurate records of all information and data pertaining to your case.

10. If you or any witnesses should move, be sure to notify your attorney of the new address.

Call Kenneth Vercammen Esq. 732-572-0500