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Pursuing Medical Expenses after a Car Accident in New Jersey

Pursuing Medical Expenses after a Car Accident in New JerseyIn the aftermath of a motor vehicle accident, one of the first steps you typically take is to contact your insurance company to seek reimbursement or payment of medical expenses. In the state of New Jersey, the type of automobile insurance policy you have will determine how the reimbursement is handled.

In New Jersey, as in all other states, there’s a no-fault option for motor vehicle insurance. With a no-fault approach, when you have been hurt in a motor vehicle accident, you turn to your own insurance company to compensate you for your losses, rather than the at-fault party’s insurer. Your insurer will typically pay your losses and then seek reimbursement through a legal process known as subrogation.

Unlike most other states, though, New Jersey gives you a choice—you can opt for no-fault coverage or you can purchase a “traditional” policy of motor vehicle insurance. If you select the latter, you retain the right to sue the other party and the other party’s insurance company.

Furthermore, New Jersey’s insurance law also allows victims of “serious injury” to bring a lawsuit against the at-fault driver and his/her insurer, even if the victim has selected the no-fault option. The law defines serious injury to include “dismemberment, significant disfigurement or scarring, displaced fractures or the loss of a fetus.”

Contact the Law Offices of David J. Karbasian, PC

Don’t risk the loss of evidence or the disappearance of a witness. The sooner you retain legal counsel, the better! Send us an e-mail today or call us at 856-667-4666 to schedule an appointment.

We handle all personal injury claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.

Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.

Common Types of Mortgage Fraud

Common Types of Mortgage FraudThough it may not be getting the publicity it got a few years ago, when there was a national crisis in the mortgage industry, mortgage fraud is still alive and well, and prospective homeowners need to pay close attention to ensure they don’t fall victim to unscrupulous operators. Here are some of the most common strategies currently being used to defraud you when you seek a mortgage.

Predatory Lending

If your mortgage lender is giving you the hard-sell or seems to be making the process too easy, beware. One of the key indicators that you might be victim to predatory lending?—the lender comes to you. If you get a phone call or a mailing telling you you’ve qualified and no credit checks are necessary, you may want to have an attorney get involved in the process. Either way, you’ll b protected.

Appraisal Fraud

Some mortgage companies have “special” relationships with certain property appraisers. What typically happens is that the appraiser overvalues the property and gets a fee (kickback) when the loan closes or is sold. As the homeowner, you may over-borrow and find yourself “under water(owing more than the fair market value of the home)” in a foreclosure proceeding. Appraisal fraud can happen with a new purchase or a refinancing.

Extensive Upfront Fees

With this approach, applicants must pay a “processing” fee when they submit their application. Their applications are routinely rejected. There are variants on this scam. The mortgage company may tell you that you’ve won a trip or other prize, but must pay the processing fee to claim your prize. After you pay the fee, you never hear from them again.

Contact Attorney David J. Karbasian

Contact our office online or call us at 856-667-4666 to schedule an appointment. Your first consultation is without cost or obligation. The sooner you call, the sooner you can move forward with your claim. We can accommodate evening or weekend meeting requests and will come to your home or the hospital, if necessary.

We handle all personal injury claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.

David J. Karbasian Has Been Nominated and Accepted as a Two Years AIOPIA’S 10 Best in New Jersey For Client Satisfaction

David J. Karbasian Has Been Nominated and Accepted as a Two Years AIOPIA’S 10 Best in New Jersey For Client Satisfaction

The American Institute of Personal Injury Attorneys has recognized the exceptional performance of New
Jersey’s Personal Injury Attorney David J. Karbasian as Two Years 10 Best Personal Injury Attorneys for
Client Satisfaction.

The American Institute of Personal Injury Attorneys is a third-party attorney rating organization that
publishes an annual list of the Top 10 Personal Injury attorneys in each state. Attorneys who are
selected to the “10 Best” list must pass AIOPIA’s rigorous selection process, which is based on client
and/or peer nominations, thorough research, and AIOPIA’s independent evaluation. AIOPIA’s annual list
was created to be used as a resource for clients during the attorney selection process.

One of the most significant aspects of the selection process involves attorneys’ relationships and
reputation among his or her clients. As clients should be an attorney’s top priority, AIOPIA places the
utmost emphasis on selecting lawyers who have achieved significant success in the field of Personal
Injury law without sacrificing the service and support they provide. Selection criteria therefore focus on
attorneys who demonstrate the highest standards of Client Satisfaction.
We congratulate David J. Karbasian on this achievement and we are honored to have him as a Two Years
AIOPIA Member.

You can contact David J. Karbasian directly at 856-667-4666 or www.KarbasianLaw.com.

Watch Out for These Mortgage Foreclosure Scams

mortgage-foreclosure

So you’ve been experiencing financial difficulties and you’re at risk of having your mortgage foreclosed. There seem to be many individuals and entities out there willing to help you avoid foreclosure, but you need to beware—many of them are outright frauds and will only make your situation worse. Here are some scams to avoid.

The Old “Bait and Switch”

With this strategy, a lender will promise to refinance your mortgage at an attractive rate, perhaps lowering interest rates or extending the length of the mortgage. Then, when you show up at the closing (after you’ve incurred expenses for title searches, surveys and inspections), the lender tells you that the original deal is off and offers you a new package, with much less favorable terms. Often, because of the money you’ve already spent and your fear of losing your home, you take the bait, so to speak, and sign on for more than you can afford.

Property Leasebacks

Under this scenario, a fraudster comes in and offers to pay your monthly mortgage payments and allow you to stay in your home. In exchange, all you have to do is deed your property over the fraudster and make monthly rental payments, which will include an amount supposedly allocated to buying back the property. Unfortunately, you have no guarantee that the party to whom you are making payments will actually use the rent to pay off the mortgage. Furthermore, if you couldn’t afford your previous mortgage payments, how do you expect to be able to pay an even higher monthly payment—the new payment will include the costs of your mortgage plus some interest income to the recipient.

Contact Us to Protect Your Rights

In the aftermath of a personal injury or consumer fraud, evidence can get lost and memories can fade. Don’t run the risk that you won’t be able to get full and fair compensation for your injuries. Contact our office online or call us at 856-667-4666 to arrange a meeting. Evening and weekend appointments can be set up by request. We’ll also come to your home or the hospital to meet with you, if necessary.

We handle all personal injury claims on a contingent fee basis. There won’t be any attorney fees unless we recover compensation for your losses.

Common Causes of Truck Accidents

truck-accidents

If you are involved in a collision with a commercial truck, chances are your injuries will be serious. Because legislators and other government officials understand the risks associated with truck accidents, truckers and trucking companies face substantial regulation, most of it designed to protect other motorists. Nonetheless, nearly 4,000 people died on America’s roadways in 2015 as a result of commercial truck crashes, and less than one in five of the people who died were truck drivers. Here are the most common causes of truck accidents.

Driver Fatigue

Drivers are typically paid according to the number of miles they are on the road—the more miles, the more money they make, so there’s an incentive to drive long hours without a break. Accordingly, state and federal regulations limit the number of hours a truck driver can consecutively be on the road, as well as the number of hours over a specific number of days. Drivers are supposed to keep logs, but many falsify those reports or fail to report the total number of hours on the road.

Driving Under the Influence

Though some drivers will drink and get behind the wheel of a big rig, it’s more common for drivers to take amphetamines or other drugs to help keep them awake and alert on the road. These drugs can often impair their judgment, leading to accidents.

Failure to Maintain a Commercial Truck

Drivers are also supposed to maintain accurate maintenance logs, but time spent maintaining an 18-wheeler is time spent off the road. Maintenance logs can also be fabricated.

Driver Error

Many accidents are caused when drivers are unfamiliar with the road on which they are traveling, either traveling at too high a rate of speed, failing to obey traffic signals, or making inappropriate lane changes.

Contact Our Office Today

Don’t wait another day—evidence may be lost! Your first consultation is free of charge. Contact us by e-mail or call us at 856-667-4666 to schedule an appointment. Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.

We handle all construction site injury claims on a contingency basis. You won’t pay any attorney fees unless we recover compensation for your losses.

New Jersey’s Dog Bite Law

dog-bite

If you have been attacked or bitten by a dog in New Jersey, you can file a lawsuit to recover compensation for injuries that you suffered. There are, however, specific conditions that must be met before you can receive damages.

First, you must show that you were either on public property at the time of the attack, or that you were lawfully on private property when you were hurt. Trespassers generally do not have a right to sue for dog bite injuries. The dog bite law specifically applies only to bites, and not to other types of injuries. For example, if a dog knocked you down and caused broken bones or other types of injuries, those losses would not be covered by the dog bite statute. You can, however, file a general negligence action for such injuries.

Like many other states, New Jersey imposes “strict liability” for dog bites. This means that, if you are bitten by a dog, you don’t have to show that the dog owner was negligent or that any negligence on the part of the owner caused your injuries. Instead, you need only show that:

  • The dog was owned or controlled by the defendant
  • The dog bit you
  • You suffered some type of injury or loss because of the bite

Defenses to a Dog Bite Claim

New Jersey law allows a dog’s owner to raise two different defenses, if applicable. First, if the injured person was illegally on the dog owner’s property, the defense of trespass may be appropriate. In addition, because New Jersey recognizes “comparative negligence” in personal injury lawsuits, a dog owner may have a defense if the injured person engaged in actions that provoked the dog.

Contact Us Now

Don’t run the risk that evidence will be lost— contact us online or call our office today at 856-667-4666 to schedule an appointment. Your first consultation is free. We are available evenings and weekends upon request. We’ll also travel to your home or the hospital, if necessary.

We handle all product liability claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.

The Different Types of Product Liability Claims

Barista steaming milk at the coffee machine

When you purchase an appliance, a toy, a motor vehicle or any other consumer product, you expect that the manufacturers have taken reasonable care to ensure that the design and construction of the product are done in such a way that there’s not an unreasonable risk of injury when you use the product as intended. Unfortunately, that’s not necessarily the case. There are many dangerous and defective products readily available to consumers. If you or someone you love has been hurt after using a consumer product, here are the potential avenues for legal recovery.

Defective Design

A lawsuit alleging defective design of a product asserts that manufacturers and marketers failed to act reasonably when designing the product. Under this theory, the product is considered inherently unsafe, regardless of the care with which it was manufactured or assembled. In legal action based on defective design, you must show that a reasonable person would have recognized the defect and would have either fixed the problem or reasonably notified potential users of the risk of injury. For example, if you design a vehicle with a high center of gravity, making it susceptible to rollovers, you must either warn of the risk or redesign the vehicle to minimize the risk.

Defective Manufacture

A product may be considered defectively manufactured under a number of circumstances:

  • Substandard materials were used in the construction of the product
  • The product was carelessly or negligently assembled or fabricated
  • The manufacturer did not properly supervise the employees who were assembling or building the product

For example, if an appliance manufacturer knowingly uses substandard materials or fails to put procedures in place to ensure that products are correctly assembled, there may be liability.

Negligent Marketing

An allegation of negligent marketing essentially says that the manufacturer or marketer did not adequately warn potential users of known risks of injury. For example, the manufacturer of a coffee maker may have liability if the company knew that the product produced water hot enough to cause serious burns.

Contact the Law Offices of David J. Karbasian, PC

Don’t risk the loss of evidence or the disappearance of a witness. The sooner you retain legal counsel, the better! Send us an e-mail today or call us at 856-667-4666 to schedule an appointment. We handle all mortgage foreclosure scam claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.

Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.

The Most Common Types of Construction Accidents

construction-accidents

It’s common knowledge that working on a residential or commercial construction project is one of the most dangerous occupations in the world. Statistics
indicate that one of every 25 construction workers in America will sustain a non-fatal injury this year. Though general contractors and owners are aware of the risks and have a duty to take steps to protect the safety of workers, the desire to maximize profits by cutting corners still pervades and has serious consequences. Here are the most common types of construction accidents.

Falls from Heights

Far and away the single greatest cause of injury on a construction site is falls from heights, including ladders and scaffolding, accounting for one of every three construction site injuries. Too often, contractors don’t supervise the erection of scaffolding or monitor employees to ensure that ladders or scaffolding are properly set up. In addition, it’s not unusual for job sites to lack safety barriers on upper levels.

Slips and Falls

The most common factor contributing to jobsite slips and falls is the accumulation of trash, refuse or debris on a site. This includes building materials, tools and other equipment.

Falling Items

Whether it’s a high-rise or a single family home, there are often tools, building materials or debris left on upper levels. When these items fall to the ground, they can cause serious injury to anyone below.

Dangerous or Defective Tools, Equipment or Machinery

Power tools that misfire or breakdown, or heavy equipment that’s not properly maintained can cause serious injury.

Contact Attorney David J. Karbasian

Contact our office online or call us at 856-667-4666 to schedule an appointment. Your first consultation is without cost or obligation. The sooner you call, the sooner you can move forward with your claim. We can accommodate evening or weekend meeting requests and will come to your home or the hospital, if necessary.

We handle all personal injury claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.

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