David J. Karbasian, PC.

An Auto Owner’s Duties in Winter Weather in New Jersey

November 1, 2023 by David J. Karbasian, PC.

What Must a Vehicle Owner Do to Avoid Liability for Negligence?

It’s November and that means that, any day now, there could be snow on the ground in New Jersey…and on the windshields and hoods of cars. The roads will be more treacherous, with accumulations of snow and ice making it more difficult to stop and turn. What are the responsibilities of motor vehicle owners in New Jersey’s winter weather? When can a driver be liable for injuries caused in an accident?

The Standard of Care in New Jersey’s Winter Weather

It’s important to understand that, while the standard of care doesn’t actually change during the winter, the exercise of the standard of care does. At any time and in any weather, a driver must act as a reasonable person would “under the circumstances.” Because the circumstances change in New Jersey when it snows…roads become slippery, vision may be impaired by falling snow, or windshields by accumulate condensation or ice…a driver has to respond differently than during the rest of year. That typically means reducing speed, increasing distance between your vehicle and the one in front of you, and paying closer attention when turning or changing lanes.

There are no specific rules in New Jersey governing the conduct of drivers in snowy or icy winter weather. Instead, a jury will typically look at the evidence and make a determination whether the actions of a driver were reasonable.

Must a Driver Keep His or Her Car Free of Snow and Ice?

When determining whether a defendant caused an accident, a jury may consider the failure to remove snow or ice from a windshield or hood as evidence of negligence. However, the State of New Jersey has also enacted a written law requiring that all motorists take the time to remove snow and ice from the hood, roof and windows of a car, both before getting behind the wheel and while driving, if the accumulation interferes with the driver’s vision of the road. Violation of this law can result in fines of anywhere from $25 to $1,000.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motor Vehicle Accidents Tagged With: An Auto Owner’s Duties in Winter Weather in New Jersey

What Is Negligent Infliction of Emotional Distress in New Jersey?

November 1, 2023 by David J. Karbasian, PC.

Can You Recover Compensation for Fear, Stress, Anxiety or Anguish Caused by an Accident?

If you have been involved in any type of accident, you know that the injuries are often more than physical. You may have witnessed horrific injury to others, including those you love. You may have scars or disfigurement that carry significant emotional pain. You may relive the accident and have fears of getting in a motor vehicle or passing by a neighbor’s dog. Can you recover compensation in New Jersey for your emotional trauma, particularly when it was a result of someone else’s careless or negligent act?

What Is Emotional Distress in New Jersey?

In New Jersey, any mental suffering that arises as a consequence of an accident may be considered “emotional distress.” Such a response may be characterized by a wide range of behaviors, including fear, anger, nervousness and anxiety. It’s typically not the same thing as depression, though depression can be a symptom of emotional distress.

What Makes the Infliction of Emotional Distress Negligent?

In New Jersey, infliction of emotional distress may be intentional or it may be negligent. To establish negligent infliction of emotional distress, an injured person must show that:

The defendant (person from whom compensation is sought) had a duty not to engage in behavior that posed an unreasonable risk of emotional harm to another person (you, in this case)
The defendant failed to meet that standard, doing things that a reasonable person would expect to cause severe emotional distress
Because of the defendant’s failure to act reasonably, you suffered emotional distress

In New Jersey, a person may recover for negligent infliction of emotional distress either as the victim or as a bystander who witnessed events that led to emotional distress. To be eligible for compensation as a bystander, you must prove that:

The defendant acted negligently, causing serious injury or death to another person
The victim was either your spouse or a close family member
You personally witnessed the serious bodily injury or death of the spouse or close family member
Witnessing the event has caused you severe emotional distress

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Filed Under: New Jersey Personal Injury Claims Tagged With: What Is Negligent Infliction of Emotional Distress?

What Happens in New Jersey if You Cause Some of Your Own Injuries?

October 5, 2023 by David J. Karbasian, PC.

The Comparative Negligence Approach in New Jersey

You’re running late for an appointment and driving faster than you should be. Another motorist, perhaps misjudging your speed, fails to yield to your right of way and collides with you. The accident would not have occurred if the other motorist had obeyed the law, but it also would not have occurred if you weren’t speeding. Can you still seek compensation for your losses?

How New Jersey’s Comparative Negligence Laws Work

Before 1970, New Jersey (like many other states) applied the principle of contributory negligence when both parties had some responsibility for causing an accident. Under that approach, a person who contributed in any way to causing an accident could not recover compensation of any kind. Because of the often unfair results that this brought, New Jersey replaced contributory negligence with comparative negligence.

Under the comparative negligence approach, the court first ascertains the full amount of the losses suffered by the plaintiff (the person bringing the lawsuit). Once those damages have been calculated, the jury then determines the degree to which the plaintiff was responsible for causing the collision. The full measure of damages is then reduced by the plaintiff’s percentage of liability.

For example, suppose you were hurt in a car, truck or motorcycle accident, and the jury calculates your losses at $500,000. The jury also determines that you were 40% responsible for bringing about the accident. Your damage award will then be reduced by $200,000 (40 percent of $500,000).

New Jersey has adopted the form of comparative negligence known as modified comparative negligence. That means that, as the injured party, your liability must have been less than that of the defendant. If your liability is greater than 50%, you cannot recover anything.

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Filed Under: New Jersey Personal Injury Lawsuits Tagged With: What Happens if You Cause Some of Your Own Injuries?

Do You Have to Pay Income Taxes on a Personal Injury Award?

October 5, 2023 by David J. Karbasian, PC.

Is a Settlement or Verdict Taxable? If So, When?

You’ve suffered injuries in a car wreck or tripped on a hazard on residential or commercial property. You’ve been unable to work, you’ve had significant medical expenses that weren’t covered by insurance or you’ve had to stop doing some of the things you love because of your injuries. You have a right to full and fair compensation for your losses. If you accept a settlement or win a jury verdict, will any of the money you receive be taxable? Let’s take a look at how the IRS treats personal injury awards.

The Key Issue—What Are the Damages Intended to Cover?

When assessing whether a damage award is taxable, the first question that tax authorities will ask is “what losses is the damage award replacing?” Remember that you have the right to seek full and fair compensation for:

Unearned wages or income because of the accident
Unreimbursed medical expenses arising out of the incident
Any physical and mental pain and suffering related to your injuries or the accident
Your loss of companionship or consortium
Your inability to do the things that you enjoyed doing before the accident
Any property damage or loss

You Don’t Have to Pay Taxes When the Compensation is for Physical Injury

As a general rule, if your settlement or verdict is intended to compensate you for a physical injury or illness, you won’t have to include it in your taxable income. Even those losses which are not, in and of themselves, physical injuries, such as loss of enjoyment of life or loss of companionship, won’t be taxable if they were the result of your physical injuries.

You Will Have to Pay Tax on Any Damage Award for Emotional or Mental Injury or Distress

On the other hand, any part of a settlement or verdict designed to compensate you for anxiety, distress or other mental injury will be taxable, unless you can prove that the emotional injury was directly caused by some physical injury. An award for scarring or disfigurement from an animal attack that causes you emotional distress likely won’t be taxable.

You Must Pay Taxes on Any Punitive Damages Received

Punitive damages differ from compensatory damages, as they are not related to your injuries, but are intended as a form of punishment for the wrongdoer. They are generally taxable.

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Filed Under: New Jersey Personal Injury Claims Tagged With: Are Personal Injury Settlements Subject to Income Tax?

How Is Evidence Gathered in a Personal Injury Case?

September 1, 2023 by David J. Karbasian, PC.

How Will Your Attorney Find Support for Your Claims?

When you’ve been hurt because of someone else’s carelessness, you have the right to file a civil lawsuit to recover for all injury and loss you suffered. You may be able to settle your claim without going to court, but if there’s a trial, you’ll need evidence to convince the jury of your arguments. How does your attorney gather that evidence?

Discovery in a Personal Injury Case

As a part of the legal process in a personal injury lawsuit, the parties engage in what the law refers to as “discovery.” The official discovery phase of a lawsuit typically begins shortly after the initial complaint and answer have been filed. The judge will customarily schedule a meeting with all parties and their lawyers, determine whether settlement if a possibility, and set forth the rules and time parameters for discovery.

It’s important to understand that there’s nothing that prevents either party from conducting an investigation or hiring a private detective/investigator to look into the details of the accident. The court will typically not be involved in that type of evidence gathering. Instead, the three common discovery tools that the court uses (and oversees) are:

Depositions—A deposition is the examination of a witness or party. Attorneys for both sides will be present for the questioning of the witness and there will customarily be a court reporter present to transcribe all testimony. The proceeding does not, however, take place in court—it’s often in the offices of one of the attorneys. Attorneys for any party to the litigation will have the opportunity to ask questions. Furthermore, while the rules of evidence apply to any questions or statements, any objections typically won’t be ruled on immediately, as there is no judge present. Parties must, however, register their objections and the court will typically rule on those objections before deposition testimony is admitted in court.
Interrogatories—These are written questions submitted by one party to another. The court will customarily establish limits on the number of interrogatories, so that one side can’t overburden the other or cause unnecessary expense.
Requests for production—Parties to the litigation may ask to see documents or physical evidence

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Filed Under: New Jersey Personal Injury Lawsuits Tagged With: How Is Evidence Gathered in a Personal Injury Case?

What Is a Deposition and How Is It Used at a Personal Injury Trial?

September 1, 2023 by David J. Karbasian, PC.

Understanding One of the Fundamental Ways of Gathering Evidence

When your attorney is preparing your personal injury case for trial, evidence needs to be collected, evaluated and preserved. Perhaps the most common tool for doing that is a deposition.

What Is a Deposition?

Essentially, a deposition is an interview with a witness. That witness may or may not be a party to the litigation. A deposition typically takes place in the offices of one of the attorneys involved in the litigation. In addition to the deponent (person being questioned), there will typically be attorneys for all parties, as well as a court reporter, who will transcribe all the questions and answers.

What Are the Purposes of a Deposition?

Depositions are used for two specific purposes:

To learn what a witness knows
To provide a record of that testimony to be used later, if necessary

In the American civil justice system, the principle of “open discovery” applies. That means that all parties are entitled to equal access to relevant evidence. A deposition allows all parties to learn exactly what a witness knows, saw or might potentially say at trial. If the witness says one thing at the deposition, but testifies differently at trial, the deposition can typically be used to bring his or her credibility into question.

Tips for a Successful Deposition

If you’ve never been deposed before, here are some things to remember:

It’s best to tell the truth, as it can come back to haunt you at trial
Your words are being recorded, but the court reporter cannot transcribe your physical movements. Answer yes or no, rather than nodding or shaking your head.
Listen carefully to the question that was asked and answer that specific question—In most instances, the shorter your answer, the better. Never volunteer information that is not related to the question.
Tell only what you know—don’t guess
Take a deep breath if you need to—Don’t be an adversarial witness. A skilled attorney can use that against you.

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Filed Under: New Jersey Personal Injury Lawsuits Tagged With: What Is a Deposition?

The Benefits of Settling a Personal Injury Claim

August 3, 2023 by David J. Karbasian, PC.

Reasons Why You May Want to Avoid Going to Trial

You’ve been hurt because of someone else’s careless or wrongful act. You’ve hired experienced and proven legal counsel to help you recover compensation for all your losses. Your attorney has been working hard to gather evidence to support your claim. Your prospects look good for proving your case in court. Should you consider settling the case? What are the potential benefits and detriments of resolving your claim without going to trial?

The Time Factor

Perhaps the most obvious (and often compelling) reason to settle is that you’ll have compensation in your hands and in your bank account a whole lot sooner. The reality is that the litigation process is time-consuming. You’ll likely spend months in discovery, where your lawyer collects evidence to build your case. Once the discovery phase is complete, you can expect further delays as the court hears a range of motions regarding evidence and other matters. The trial itself can take a significant amount of time, as you’ll have to select a jury, present witnesses, allow cross-examination and potentially respond to other motions.

With a settlement, once you’ve agreed on terms, you’ll receive compensation almost immediately.

Control of the Outcome

Your case may seem open and shut, but juries can surprise you. Even if the jury returns a verdict in your favor, they may not award you the full measure of damages you seek. With a settlement, while there’s compromise and give and take, you ultimately determine the outcome.

The Potential Cost

Because personal injury attorneys typically bill on a contingency basis, you won’t have to worry about racking up hourly fees if you go to trial. However, most personal injury lawyers take a smaller percentage of your award for a settlement than for a jury verdict. In addition, when your case goes to trial, there are often other expenses, such as expert witness fees, that are not included in the contingency fee. You will have to pay for them out of your own pocket.

The Likelihood of a Larger Award

While you risk an adverse judgment at trial, you are also likely to get more compensation if you are successful. Studies consistently show that juries tend to return larger damage awards than are typically negotiated through settlement.

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Filed Under: New Jersey Personal Injury Lawsuits Tagged With: Why You May Want to Settle a Personal Injury Claim

The Roles of the Judge and Jury in a Personal Injury Trial

August 3, 2023 by David J. Karbasian, PC.

What Are the Respective Responsibilities of Both?

When you have been hurt because of someone else’s carelessness, you have the right to file a personal injury lawsuit to recover damages for all your losses. If your case goes to trial, all evidence will be presented to both a judge and a jury. Why is there both a judge and jury at a personal injury trial? What are the roles of each in resolving your claim?

The Role of the Judge in a Personal Injury Trial

In most personal injury cases, the judge makes all decisions and rulings regarding the law. The most commonly understood instance where judges make determinations of law is in response to objections by either party. The judge will also review any instructions on the law given to the jury and ensure that they accurately state the current law. Furthermore, the judge can rule, as a matter of law, that a party has failed to introduce evidence to support or deny a claim, and may grant relief to the other party based on such a ruling.

You can, though, ask the court to hear your personal injury claim without a jury. In such a situation, the judge will not only make decisions of law, but will also make determinations of fact.

The Role of the Jury in a Personal Injury Trial

The jurors in a personal injury trial are tasked with listening to testimony, considering evidence and making determinations of fact. Typically, the opposing sides in a personal injury trial will provide evidence supporting different versions of the facts. The jury must make a determination as to which version of the facts is more credible.

Once the jury decides which factual evidence is more believable, it will typically apply the facts to the law (as provided by the judge), and rule accordingly. In customary practice, the jury will be given specific instructions by the judge that, telling them how they must rule based on their determination of the facts.

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Filed Under: New Jersey Personal Injury Lawsuits Tagged With: The Roles of the Judge and Jury at Trial

Things You Don’t Want to Do after a Car Accident

July 7, 2023 by David J. Karbasian, PC.

Don’t Minimize Your Injuries | Don’t Wait to Get Treatment or Contact Legal Counsel

When you’ve been hurt in any type of motor vehicle accident because of the carelessness or negligence of another person, you have a right to seek compensation for all your losses, from any unearned wages or income to your physical pain and suffering and any property damage. Your ability to fully collect the compensation due you can depend, to a significant degree, on how you respond to the accident. Here are some of the most important things not to do after any type of car, truck or motorcycle accident:

Don’t minimize or question the seriousness of your injuries—It’s a common reaction. You don’t want an accident to change your life, and you want to be perceived as tough and strong. That attitude can come back to haunt you. The best thing to do, in the immediate aftermath of a motor vehicle accident, is acknowledge that you’ve been involved in a serious accident, with the potential for serious injuries. Take a thorough inventory of your health. Where does it hurt? How are your injuries affecting your mobility? Are you able to move comfortably under your own power?
When you try to shake off your injuries, it can provide evidence for defense attorneys or insurance companies to argue that your injuries were not that serious. Furthermore, ignoring the severity of your injuries can lead you to do things that make your injuries much worse. Your best course of action after any type of car accident—stay where you are (if you can do so safely) until emergency personnel arrive and defer to their knowledge and expertise. They will be able to assess the true nature and extent of your injuries.
Don’t wait to get medical treatment—Even if it was only a minor “fender-bender,” the longer you wait to seek medical care, the more you jeopardize your legal claims. First, you can provide ammunition for defense/insurance company lawyers to argue that your injuries were minimal or inconsequential. If a significant amount of time elapses between the accident and when you seek treatment, defense attorneys may also argue that your injuries were caused by some unrelated intervening accident or event.
Don’t wait to get legal counsel—The longer you wait to retain experienced representation, the greater the risk that you will say or do something that defense attorneys will use against you. The sooner you hire a lawyer, the sooner you’ll have an intermediary with insurance companies and an advocate in all legal matters.

Contact the Law Offices of David J. Karbasian, PC

Filed Under: New Jersey Motor Vehicle Accidents Tagged With: Things You Don’t Want to Do after a Car Accident

No-Impact Motorcycle Accident Claims

July 3, 2023 by David J. Karbasian, PC.

Can You File a Personal Injury Claim If There Was No Collision?

You don’t need to be hit by another vehicle to suffer serious injury while riding a motorcycle. The carelessness of another motorist may require that you take evasive action, which can cause you to lose control of your bike and crash. Another motorist may pass too closely to your bike, creating a draft or wind current that sends you into a spin. Can you file a lawsuit for injury and loss if there was no contact with another vehicle? The answer is yes.

How Can You Recover Compensation in a “No-Impact” Motorcycle Accident?

Though there may be times when another motorist intentionally runs you off the road, the likelihood is that a “no-contact” accident will be the result of carelessness or negligence by another motorist. Even though there have been national campaigns to promote public awareness of the presence of motorcyclists on the roads, far too many people simply don’t pay attention.

To succeed with a legal claim based on negligence, you’ll need to prove to a jury that the person who caused the accident (the “defendant”) was not acting as a reasonable person would under the circumstances. For example, you may have evidence that indicates that another motorist swerved into your lane or turned left in front of you when you had the right of way.

Once you’ve shown that the defendant failed to exercise a reasonable amount of care, you’ll need to establish that the failure to do so caused the accident. This means you must show that, had the defendant acted reasonably (done the right thing), the accident would not have happened. You’ll also need to show that the accident and your injuries were reasonably foreseeable as a consequence of the carelessness of the defendant.

Note that there is no requirement of contact or collision when establishing cause. It’s a simple “but for” argument. But for the defendant swerving into your lane, you would not have needed to take evasive action and would not have lost control of your bike.

Contact the Law Offices of David J. Karbasian, PC

Filed Under: New Jersey Motorcycle Accidents Tagged With: How Can You Recover Compensation When There Was No Impact?

Standing Up For Injured Clients

What Must a Vehicle Owner Do to Avoid Liability for Negligence?

The Standard of Care in New Jersey’s Winter Weather

Must a Driver Keep His or Her Car Free of Snow and Ice?

Contact the Law Offices of David J. Karbasian, PC

Can You Recover Compensation for Fear, Stress, Anxiety or Anguish Caused by an Accident?

What Is Emotional Distress in New Jersey?

What Makes the Infliction of Emotional Distress Negligent?

Contact the Law Offices of David J. Karbasian, PC

The Comparative Negligence Approach in New Jersey

How New Jersey’s Comparative Negligence Laws Work

Contact the Law Offices of David J. Karbasian, PC

Is a Settlement or Verdict Taxable? If So, When?

The Key Issue—What Are the Damages Intended to Cover?

You Don’t Have to Pay Taxes When the Compensation is for Physical Injury

You Will Have to Pay Tax on Any Damage Award for Emotional or Mental Injury or Distress

You Must Pay Taxes on Any Punitive Damages Received

Contact the Law Offices of David J. Karbasian, PC

How Will Your Attorney Find Support for Your Claims?

Discovery in a Personal Injury Case

Contact the Law Offices of David J. Karbasian, PC

Understanding One of the Fundamental Ways of Gathering Evidence

What Is a Deposition?

What Are the Purposes of a Deposition?

Tips for a Successful Deposition

Contact the Law Offices of David J. Karbasian, PC

Reasons Why You May Want to Avoid Going to Trial

The Time Factor

Control of the Outcome

The Potential Cost

The Likelihood of a Larger Award

Contact the Law Offices of David J. Karbasian, PC

What Are the Respective Responsibilities of Both?

The Role of the Judge in a Personal Injury Trial

The Role of the Jury in a Personal Injury Trial

Contact the Law Offices of David J. Karbasian, PC

Don’t Minimize Your Injuries | Don’t Wait to Get Treatment or Contact Legal Counsel

Contact the Law Offices of David J. Karbasian, PC

Can You File a Personal Injury Claim If There Was No Collision?

How Can You Recover Compensation in a “No-Impact” Motorcycle Accident?

Contact the Law Offices of David J. Karbasian, PC

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