New Jersey Supreme Court Issues Ruling in PIP Claim
June 27, 2019 by
Court Rules That Personal Injury Protection Is Only Recourse for Claims under $250,000
In March, 2019, the New Jersey Supreme Court handed down its decision in two consolidated cases (Haines and Little), overturning a lower court ruling addressing the rights of injured parties to seek compensation from at-fault parties after a motor vehicle accident. Here’s an overview of the court’s ruling and how it affects drivers in New Jersey.
Under New Jersey’s personal injury protection (PIP) laws, which have a default amount of $250,000 (among the highest in the nation), any expenses resulting from a motor vehicle accident that are “medically necessary” and proven to be caused by an accident are paid, regardless of fault. In exchange, any such expenses paid are not admissible and cannot be recovered in a personal injury lawsuit.
However, the state of New Jersey modified the law to allow residents to choose lower PIP coverage and thereby pay smaller premiums. A person may choose PIP coverage as low as $15,000. After the changes in the law, individuals who obtained the $15,000 coverage, but suffered damages in excess of that amount, would seek to introduce evidence of those losses at a personal injury trial.
In one of the first rulings, a Bergen County court held that evidence of medical expenses in a motor vehicle accident lawsuit are admissible only to the extent they exceed the $250,000 ceiling set forth in the law. In other words, by opting for lower PIP coverage, policyholders have waived the right to recover any damages between the policy amount and the statutory PIP amount of $250,000. Another court, in Union County, came to the opposite conclusion.
In 2017, a New Jersey appellate court cleared up the differing opinions, agreeing that injured parties could directly sue an at-fault party for damages between the amount of their PIP coverage and the statutory amount. The March decision by the New Jersey Supreme Court overturns that decision. The court reasoned that the legislative intent was to contain costs, and concluded that allowing parties to seek recovery of damages above their PIP coverage, but below statutory amounts, would contradict that intent.
For now, then, there’s a bit of a risk in choosing a lower PIP amount. You’ll be able to save some dollars on your premium, but you could have tens or hundreds of thousands of dollars of unrecoverable losses if you are in an accident.
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.
Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.
Your Remedies in New Jersey after Home Improvement Fraud
June 19, 2019 by
The Protections Provided by the New Jersey Consumer Fraud Act
It seems there are few things in life more challenging, frustrating and often unsatisfactory than home improvement projects. It doesn’t seem like it should be that complicated, but home remodeling and improvement efforts are frequently rife with delays, shoddy work, mistakes and outright fraud.
In New Jersey, there’s good news—there’s a law that specifically applies to home improvement agreements. It can give you the legal tools you need to combat unnecessary delays, construction defects, disputes over performance, and overcharging.
What Is the New Jersey Consumer Fraud Act?
The New Jersey Consumer Fraud Act (NJCFA) is a written law, applicable to the sale of goods, services and real estate, that bans “unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing concealment, suppression, or omission of any material fact.” The courts in New Jersey have held that home improvement contracts are particularly prone to instances of consumer fraud. Accordingly, extensive regulations have been adopted governing home improvement contracts. For example, the NJCFA requires that all home improvement agreements and any change orders be in writing and signed by both parties. Contractors must also provide detailed information, including, among other things:
- A contractor registration number
- A telephone number for the contractor’s insurer
- A description of work to be done and materials to be used
- The total purchase price, including any finance charges
- The date the project will begin and the date it is expected to be completed
- A written copy of any warranty or guarantee offered
- Notification of the customer’s three-day right to cancel
The Requirements for a Legal Claim under the NJCFA
To prevail on a claim under the New Jersey Consumer Fraud Act, you must show three things:
- The contractor engaged in an illegal or prohibited practice
- The engagement in that act caused you to suffer losses
- Your losses can be ascertained
The act may involve affirmative conduct, a known omission or failure to act, or a violation of an administrative regulation.
Contact Attorney David J. Karbasian
Contact our office online or call us at 856-667-4666 / 856-600-HURT 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, if necessary.
Proving that a Death Was Wrongful
May 24, 2019 by
The Requirements for Recovering Compensation after the Death of Another Person
When your family member dies because of the wrongful act of another person, you have the right to seek damages for all your losses. You can seek compensation for the intentional killing of a loved one, but, as a practical matter, most wrongful death actions are based on allegations of negligence.
As the party initiating a legal claim, you will have the “burden of proof.” Under the laws of New Jersey, that means that you must produce evidence that would lead a jury to rule in your favor. With any personal injury claim, including wrongful death lawsuits, the burden of proof is established as “a mere preponderance of the evidence.” In essence, that means that you must demonstrate to the finder of fact (usually the jury) that your presentation of the facts has more credibility and weight than the defendant’s version of what happened. It’s a considerably lower burden of proof than “beyond a reasonable doubt,” the standard in criminal proceedings.
A wrongful death claim is essentially a personal injury claim. When brought under a theory of negligence, it requires a showing that:
- The at-fault party did not act as a reasonable person would under the circumstances (in legal terminology, the defendant breached the duty of care)
- The breach of the duty of care was both the actual and the proximate cause of an accident—the accident would not have happened “but for” the defendant’s conduct; and the accident was reasonably foreseeable as a result of the breach of the duty of care
- You suffered actual losses—Your losses were not covered by insurance or were not to items that had no value.
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.
Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.
Who Can Be Sued for Wrongful Death?
May 8, 2019 by
Determining Potentially Liable Parties after an Accidental Death
In the aftermath of an accidental death, the sense of loss can be overwhelming. You know that no amount of money can bring your loved one back, or can fully compensate you for all that you’ve lost. Nonetheless, you have a right to hold a careless or negligent person responsible for the devastating impact a wrongful death can have on your life.
Because wrongful death claims are typically based on negligence, one of the first steps in pursuing damages for the accidental death of a loved one is to determine who caused the accident. Because many factors can contribute to the circumstances that lead to an accident, it’s not uncommon to discover that more than one person had some degree of liability. In New Jersey, as in other states, you can bring a lawsuit against any and all parties who contributed to causing the accident that claimed the life of your loved one.
In addition, there are also a number of situations where you may be able to bring a lawsuit against a person or entity not directly involved in the accident that caused the death of your loved one:
- Under the legal theory of product liability, any entity within the chain of distribution of a product may have liability for injuries caused by a dangerous or defective item. That includes the designer, manufacturer, wholesaler, distributor or retailer.
- If your loved one was killed in a motor vehicle accident and the at-fault party was working at the time of the accident, that person’s employer may potentially have liability for your losses.
- Under dram shop and social host liability laws, a person or business that serves or sells alcohol to someone who subsequently causes injury to others can have legal responsibility.
Contact Attorney David J. Karbasian
Contact our office online or call us at 856-667-4666 / 856-600-HURT 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, if necessary.
Who Qualifies to File a Wrongful Death Lawsuit?
April 11, 2019 by
The Requirements for Recovering Compensation after the Death of Another Person
Under the laws of New Jersey, when a person dies as a result of the carelessness or negligence of another person, that individual may be responsible for losses suffered by others. There are limits, though, on who may obtain damages after a person’s death. It’s generally not enough to allege that you knew the person and have suffered loss.
You Must Qualify as a “Real Party in Interest”
This is not just a requirement in a wrongful death action—all personal injury claims are limited to individuals who are deemed to be real parties in interest. Accordingly, you must have a valid claim for loss, as well as a legal right to pursue a claim.
As a general rule, whether or not a person qualifies as a real party in interest is established by the state wrongful death statutes. In New Jersey, a wrongful death lawsuit may be brought by:
- The surviving spouse
- A child or grandchild of the deceased
- A surviving parent of the deceased
- Surviving siblings, nieces and nephews of the decedent
- Anyone who can prove “actual dependence” on the deceased in a court of law
Under New Jersey law, there’s a hierarchy for pursuing damages in a wrongful death action. If there is a surviving spouse or children, they are entitled to all the proceeds of a wrongful death action. A parent of the deceased only has a right to compensation when there is no surviving spouse and no children. Siblings, nieces and nephews are only entitled to a damage award if there’s no spouse, child or parent surviving the deceased. Even though the lawsuit will typically be filed by one person as representative of all surviving family members, any proceeds are divided equally among those who qualify as real parties in interest, as set forth above.
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.
Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.
Understanding a Wrongful Death Claim
March 5, 2019 by
What Is a Wrongful Death Claim and What Is Its Purpose?
There’s nothing that can prepare you for the death of a loved one, especially when it’s totally unexpected. After an accidental or wrongful death, you can’t bring your loved one back, but you do have the right to seek compensation for your losses. In this series of blogs, we’ll look at the legal principle of wrongful death, who can file a claim, what types of losses are recoverable and who can be potentially liable.
First, though, let’s identify what a wrongful death claim is.
In essence, what makes a death wrongful is that it was caused by the actions of another person. It may result from an intent to bring about death, but is more often the result of carelessness or negligence.
Under a legal theory of negligence, you must prove three things to recover compensation. First, you must show that the defendant (at-fault party) did not meet the standard of care expected under the circumstances. You must then show that the breach of that standard of care caused an accident and, as a result of the accident, your loved one died.
There is no law that establishes a specific standard of care. Instead, that is determined by the jury in a case-by-case basis. The jury will look at all the circumstances and make a determination as to whether the actions of the defendant were consistent with what a reasonable person would have done. If not, the conduct is considered to be wrongful.
To establish cause, you must show both actual cause and proximate cause. Actual cause is relatively straightforward, asking the simple question of whether the accident would have occurred in the absence of the breach of the standard of care. Proximate cause, though, looks at whether the accident was reasonably foreseeable based on the breach of care.
Contact Attorney David J. Karbasian
Contact our office online or call us at 856-667-4666 / 856-600-HURT 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, if necessary.
Protecting Yourself after a Work-Related Traffic Accident in New Jersey
February 20, 2019 by
It’s not unusual to be involved in a motor vehicle accident while on the job. If you’ve been hurt at work while driving or riding as a passenger in car or truck, your first thought might be to file a workers’ compensation claim. It’s important to understand, though, that the workers’ compensation system is designed to help you streamline the process for recovering compensation for the carelessness of your employer. It’s often referred to as your “exclusive remedy” for a work-related injury. But what if the person at fault was neither your boss or a coworker. Are you still limited to the benefits you can get through a workers’ compensation claim? Not necessarily.
The Benefits of Filing a Workers’ Compensation Claim
The workers’ compensation laws were enacted to simplify the process for workers and for employers. As an injured worker, you’ll have access to benefits within a few days or weeks, provided your claim is approved. You won’t have to wait on a court docket and you won’t have to spend months going through the discovery process.
As an employer, you’ll benefit under the workers’ compensation because of the limit set on the financial recovery. Typically, the benefits are based on the worker’s recent pay. You won’t have to worry about a sympathetic or potentially punitive jury award.
Filing a Third Party Claim
The workers’ compensation laws provide the exclusive remedy only for injuries caused by the negligence of an employer or a co-worker. If your injuries were caused, in whole or in part, by an unrelated third party, you can file a civil lawsuit against that person seeking damages. In fact, you can file a workers’ compensation claim and a personal injury lawsuit simultaneously. You just can’t recover twice for the same loss. If your medical expenses are covered by workers’ compensation, you won’t be able to recover for the same damages in your civil suit.
Contact the Law Office of David J. Karbasian
Contact us online or call our office at 856-667-4666 / 856-600-HURT to arrange a private meeting. Your first consultation is free. 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, if necessary.
Are Workers’ Compensation Benefits Available for a Repetitive Motion or Stress Injury?
February 4, 2019 by
There’s a common misperception that you can only recover workers’ compensation benefits if you have been hurt in a traumatic accident in the workplace. The reality is that many of the most devastating and crippling workplace injuries don’t happen in a single event, but are the product of months or years of unnatural stress on your body. Fortunately, the New Jersey workers’ compensation laws allow a worker to collect benefits for repetitive stress disorders (RSDs).
The Types of Occupations Where Workers are More Susceptible to Repetitive Stress Disorder
Statistics consistently show that about one of every two workplace injuries stem from repetitive motion or stress. As more and more manufacturing and industrial concerns have adopted an assembly line approach, the number of RSD-related injuries has gone up significantly. Repetitive stress disorder is a common cause of injury with:
- Factory workers who perform the same limited function hour after hour, day after day, month after month. It may involve lifting, twisting, pinching, squeezing, turning or even simply standing in the same position. It can also involve squatting, bending over, turning or other lower body movements.
- Workers who repeatedly turn or grab item, such as librarians, painters, carpenters, mechanics and cashiers, can often develop carpal tunnel syndrome, an inflammation that limits the use of the hands and forearms.
- Typists, computer operators, graphic artists and others who use keyboards, computers or mice all have a greater risk of carpal tunnel and other RSDs
Contact Attorney David J. Karbasian
Contact our office online or call us at 856-667-4666 / 856-600-HURT 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, if necessary.
Can You Be Liable for a Car Accident When You Weren’t Driving the Car?
January 8, 2019 by
Liability for the Driving of Third Parties
In the aftermath of a motor vehicle accident, the first thing you typically look at is fault. Who caused the accident and how did it happen? Often, it’s exclusively the fault of one of the drivers. But there are situations where third parties can be found responsible for injuries suffered in a car crash. Let’s look at a couple situations:
When Employees Cause Auto Accidents
If a worker or employee causes a motor vehicle accident while performing duties related to his or her job, the employer may have some liability under a legal doctrine known as “respondeat superior.” It’s based on the legal principle of agency—the employer is considered a principal and the employee an agent. It’s important, however, to understand that the actions the employee was engaged in must be within the scope of the agency. If, for example, the employee was engaged in a wholly personal activity…on his way to or from lunch or headed out to run some errands, there may not be liability. In addition, if the employee’s behavior is egregious—he was drinking and driving on the job (unbeknownst to the employer), the employer may also escape responsibility.
Allowing a Third Party to Drive Your Car
In some states, merely allowing someone else to drive your car can make you liable for any injuries they cause. There’s no requirement of employment—liability is implied.
Under a legal theory of “negligent entrustment,” if you know that another driver is careless, incompetent or unfit to drive, and you allow that person to take your car, you can be held responsible. The doctrine of negligent entrustment can also be applied if your children cause an accident. However, you must know that your child lacks the requisite skills or care to be on the road.
You can also be held responsible for the negligent driving of your children under the “family purpose” rule. This principle holds that when you send any member out to do something for the family—get groceries, wash the car, etc.—you can be held liable for their negligence.
Contact Attorney David J. Karbasian
Contact our office online or call us at 856-667-4666 / 856-600-HURT 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, if necessary.
