Building and Marketing a Personal Injury Practice: Tips for a Better Practice and forms for attorneys to help their clients Book on sale

Building and Marketing a Personal Injury Practice: Tips for a Better Practice and forms for attorneys to help their clients 

Book on sale

https://www.amazon.com/Building-Marketing-Personal-Injury-Practice/dp/1508677611/ref=sr_1_6?s=books&ie=UTF8&qid=1476063125&sr=1-6&keywords=vercammen

Product Details

         Paperback: 216 pages

$20.00

         Publisher: CreateSpace Independent Publishing Platform; 1 edition (February 27, 2015)

         Language: English

         ISBN-10: 1508677611

         ISBN-13: 978-1508677611

         Product Dimensions: 6 x 0.5 x 9 inches

Author: Kenneth Vercammen, Esq. Edison NJ Member American Bar Association

Table of Contents

How to Handle the Personal Injury Case and Forms to Serve Your Clients  4

Forms either in the book or online for readers:                           5

Personal Injury Form Letters                                                        5

Discovery forms                                                                           9

Motions                                                                                         9

YOU WORK FOR YOUR CLIENTS                                                10

ANSWERING PHONES  and talking to prior clients, calls from attorneys    15

SCHEDULING NEW MATTER APPOINTMENTS & SETTING UP UNOPENED FILES   19

appointment lt email                                                                  27

PERSONAL INJURY FACT SHEET                                                 28

Repair Damage Estimate: 01 RETAINER Personal Injury          40

AGREEMENT TO PROVIDE PERSONAL INJURY LEGAL SERVICES 40

01A Client w_ retainer.doc                                                         45

39B Def Ins Co.doc                                                                      58

39C Def Details_Ax I.doc                                                            59

39D Def Details_Ax long.doc                                                     61

Police Report Req.doc                                                                 66

slip & fall claim lt.doc                                                                 67

PI FactSheet to Cl.doc                                                                 69

Req med info.doc                                                                        71

new dr pip med bill.doc                                                              74

Mail Cert Merit to Cl.doc                                                            78

Cl- Medicare lien.doc                                                                  79

08 PIP Letter to Insur.doc                                                            88

11 request Dr.doc                                                                       91

15 Pl to Def W ROG ANS.doc                                                     94

18  SETTLE TO OTHER ATTY.doc                                                95

18A Release to Client.doc                                                           96

24 To PIP w_Bills.doc                                                                  97

25 Arbitration Lt to Def .doc                                                       98

28 Dep Notice to Cl.doc                                                            100

32 Pl to Sign Rogs                                                                     102

33 REQ MED INFO.doc                                                             103

36_Transmittal- Middlesex.doc                                               104

37 Def Exam cl.doc                                                                   105

40 Sall_Myers exam.doc                                                          108

42 Status Report.doc                                                                111

54  Notice of Claim- Long.doc                                                  115

Arbitration Notice to cl-PI.doc                                                  133

Client read other rogs.doc                                                        136

Current CM to Client.doc                                                           137

Dr- Illegible medical rec.doc                                                    143

Dr-Cl request medical record .doc                                            144

Employer wage auth.doc                                                          145

Notice of Initial Trial t.doc                                                        148

On Call Subpoena lt.doc                                                            150

PI FactSheet to Cl.doc                                                               154

Reasonable hospital recor.doc                                                 155

Thank you Doctor Dr.doc                                                          175

FALLDOWN ROGS extra Photo.doc                                          195

Req for Doc Fall down v def                                                     209

Subpoena ducestecum_cp.doc                                                 214

A & B Complaint by Bus in  assault                                          220

Affidavit of Non Military                                                          225

Assault & Dram Shop Cm                                                         227

COMPL_FALLDOWN                                                                 238

COMPL_MV_STANDARD                                                          240

COMMON  ABBREVIATIONS                                                    245

Acknowledgment for PI book                                                   247

Conclusion                                                                                 248

About the Author                                                                      248

Liability for fall downs and other injuries at Blackbeard's Cave and compensation at Amusement parks.

Liability for fall downs and other injuries at Blackbeard's Cave  and compensation at Amusement parks. 

The NJ law imposes upon the owner of businesses the duty to use reasonable care to see to it that the grounds 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 public areas are reasonably safe and does not subject customers to an unreasonable risk of harm. This includes the rides and amusements customers participate in.

The concept of reasonable care requires the owner of 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 safe.

         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 business 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 the Judge must read word for word to the jury.

  

     But, in this case, the property owner contends that he/she had no notice or knowledge of the alleged dangerous condition and, therefore, cannot be held responsible for it. In that connection, I must make you aware of this rule: 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, 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, 306N.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 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, 212N.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, 216N.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 inChristmas. 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. 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.