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The Benefits of Settling a Personal Injury Claim

August 3, 2023 by

Reasons Why You May Want to Avoid Going to Trial

The Benefits of Settling a Personal Injury ClaimYou’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.

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 Personal Injury Lawsuits Tagged With:

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

August 3, 2023 by

What Are the Respective Responsibilities of Both?

The Roles of the Judge and Jury in a Personal Injury TrialWhen 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.

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 Personal Injury Lawsuits Tagged With:

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

July 7, 2023 by

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

Things-You-Dont-Want-to-Do-after-a-Car-Accident-imgWhen 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

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:

No-Impact Motorcycle Accident Claims

July 3, 2023 by

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

No-Impact Motorcycle Accident Claims ImgYou 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

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 Motorcycle Accidents Tagged With:

Talking to Your Insurer about a Motorcycle Accident Claim

June 16, 2023 by

Protecting Your Right to Recover Fully under Your Policy

Talking to Your Insurer about a Motorcycle Accident ClaimWhen you’ve been hurt in a motorcycle accident, one of the first things you’ll typically think about, once you’ve received the medical attention you need, is notifying your insurance provider. Of course, you’ll want to let your insurer know about your accident. But rather than making your first call to your agent, you’ll customarily be better served by contacting an experienced personal injury attorney. Your lawyer can be your liaison with your insurer, making certain you don’t say or do anything that will jeopardize your potential recovery.

What Should You Do If Your Insurer Tries to Contact You Directly?

If you are already represented by counsel, simply give your insurer the name and phone number of counsel. Don’t be surprised if they keep asking you questions or even ask if you’ll just tell the “the basics.” You don’t have to say anything. Furthermore, they may tell you that it’s their policy to get a recorded or written statement and that they can’t process your claim until they do. That’s not true. You are under no obligation to provide any type of statement to your insurer.

If you don’t have a lawyer yet, your best strategy is to tell the insurance company that you are in the process of hiring legal counsel and will have your attorney contact the insurance company as soon as you have retained counsel. Beware of a number of different strategies your insurer may employ to try to get information out of you:

  • They may say that they are only trying to help (and, to some extent, this may be true), but insurance companies are ultimately for-profit entities with one primary goal—to maximize shareholder value. They do that by minimizing the amount they pay in claims. In the final analysis, they’re always looking for ways to pay you as little as possible.
  • They may try to bully you, using threats or trying to put words in your mouth. The less you say, the better. Simply keep repeating the name and phone number of your attorney or that you’ll have counsel contact them.

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 Motorcycle Accidents Tagged With:

Tips for Summer Motorcycle Safety

June 2, 2023 by

Minimize Your Risk of Injury on the Road This Summer

Tips for Summer Motorcycle SafetySummer’s finally here!! The best time of the year (at least in New Jersey) to get out on the open road on your bike. Of course, that means more motorcycles on the roads and typically leads to more than twice as many accidents on any given day. Many crashes are caused by the failure of other motorists to pay attention to the road, but there are other factors as well that make summer more dangerous on a bike. Let’s look at some of the ways you can reduce the risk of injury while riding your motorcycle this summer.

Wear Bright Gear and Cover Up

We understand—there’s nothing like cruising down the highway on a warm summer day with your tee-shirt sleeves flapping in the wind. You may even think that you’ll be cooler (temperature-wise) than if you’re fully clothed. The warm breeze, though, will rapidly wick moisture from your arms (and legs), providing little cooling effect. In fact, two undesirable consequences can come from exposed arms and legs—a greater risk of sunburn, and a greater likelihood that you’ll become dehydrated. You’re better off wearing mesh riding gear with synthetic garments underneath. Furthermore, if you’re involved in any type of crash, your gear can help minimize your injuries.

Drink Plenty of Water

The combination of heat and the wind against your body can quickly cause you to lose bodily fluids. Often, you can become dangerously dehydrated before your body starts to tell you. As a basic rule, you should drink water or clear liquids only, and you should always drink more than you think you need. Instead of stopping periodically to consume large amounts of water, it’s much better if you carry a CamelBak° or similar water bladder on your back, allowing you to regularly take smaller sips and stay consistently hydrated.

Wake Up and Ride

There are a number of good reasons for starting your ride earlier in the day (and ending sooner). The temperatures are almost always cooler in the morning than in the afternoon. You’ll generally feel more rested and alert in the morning as well. Furthermore, because severe weather more often arises in the afternoon or evening, you won’t have to contend with rain or thunderstorms.

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 Motorcycle Accidents Tagged With:

Motorcycle Accidents in New Jersey

May 24, 2023 by

Motorcycle Accidents in New JerseyAfter a motorcycle accident in New Jersey, where you have been cited for lane splitting, you will only be able to recover compensation for your losses if you can show that another motorist was primarily responsible for causing the accident. Call attorney David Karbasian at 856-667-4666 / 856-600-HURT.

Filed Under: Motorcycle Accidents Tagged With:

Partially Responsible for Causing a NJ Motorcycle Accident?

May 16, 2023 by

Can You Still Recover For Your Losses?

Partially-Responsible-for-Causing-a-NJ-Motorcycle-Accident-imgYou were out on your bike on a sunny day in late spring or early summer. Maybe you rolled through a stop sign, only to be driven off the road by another motorist traveling well over the speed limit. You wouldn’t have been hurt if he’d been obeying the law, but the accident also wouldn’t have happened if you’d come to a complete stop. What are your rights? Will the fact that you ran the stop sign prohibit you from recovering anything for your injury or loss? That depends.

Comparative Negligence in New Jersey

It’s fairly common for more than one party to contribute to causing a motor vehicle accident. Under the law as it existed for centuries (known as “contributory negligence”), a person who had even the slightest responsibility for causing an accident could not recover compensation for injuries sustained in that accident. As a result, defense attorneys looked for even the remotest involvement by an injured person in the cause of the accident. The result—many seriously injured people with minimal fault had no recourse against extremely careless or negligent defendants.

Because of the perceived inequities in personal injury claims outcomes, New Jersey (and most other states) replaced the principle of contributory negligence with the concept of comparative negligence. Under the comparative negligence approach, the jury first calculates the total amount of an injured person’s losses. Next, the jury determines the extent to which the injured person was at fault, stated as a percentage of liability. Finally, the jury reduces the recovery/damage award by the percent of liability.

For example, if you were careless on your motorcycle, causing an accident that resulted in $500,000 in losses, your recovery could be reduced by $125,000 if the jury determined that you were 25% responsible for causing the crash.

One caveat—New Jersey adheres to the principle of “modified comparative negligence.” That means that you can only recover compensation for your losses is you were less responsible for them than the defendant.

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 Motorcycle Accident Claims Tagged With:

Lane Splitting and Motorcycle Accident Claims in New Jersey

May 11, 2023 by

Will You Be Barred from Recovering Compensation for Your Injuries?

Lane Splitting and Motorcycle Accident Claims in New JerseyWhen you’re out on the road on a motorcycle, you generally have a lot more maneuverability than other motorists. When there’s a traffic jam, for example, you may be able to ride between the lanes to work your way out of a virtual parking lot. That’s commonly known as “lane splitting,” and while it’s not specifically prohibited in New Jersey, you may also be cited for doing it. What happens, then, if you’re in an accident while or immediately after you engage in lane splitting? Will you be prohibited from filing a personal injury lawsuit to cover your losses? Will it matter if you get a ticket for violating traffic laws?

Will Lane Splitting Automatically Keep You from Recovering Damages in a Personal Injury Lawsuit?

Your right to recover compensation after any type of accident will almost always be based on allegations of negligence. If you are seeking monetary damages for injury or loss suffered in a motorcycle accident, you’ll need to initially show that the defendant (person from whom you week compensation) was acting negligently at the time of the crash. What does that mean? It means that you have to prove, with evidence, that the defendant was not acting like a reasonable person would at the time.

Of course, even if you can show that the defendant was negligent, the defendant can introduce evidence of your negligence to counteract your claim. When both parties to an accident were careless, New Jersey follows the legal principle of comparative negligence. Under the doctrine of comparative negligence, any amount you are entitled to receive as the result of an accident will be reduced by your percentage or degree of liability. If you were primarily responsible for causing the accident, you won’t be able to recover anything.

Accordingly, if a jury determines that your lane splitting contributed to the cause of the accident, your damage award can be reduced or even wiped out.

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 Motorcycle Accident Claims Tagged With:

Common Causes of New Jersey Motorcycle Accidents

April 24, 2023 by

The Reasons behind Most Bike Wrecks

Common Causes of New Jersey Motorcycle AccidentsThe National Highway Traffic Safety Administration (NHTSA) estimates that there are about 9 million registered motorcycles on the nation’s roadways, accounting for approximately 3% of all traffic. Unfortunately, motorcycles are involved in nearly 6% of all traffic accidents and are more than 30 times as likely to cause a highway-related fatality. Statistics show that about 80% of people who are involved in a motorcycle accident suffer significant injury or even death, whereas about one in five passengers in automobiles are hurt or killed.

What Are the Factors that Most Often Cause or Contribute to Motorcycle Accidents?

As a general rule, most motorcycle accidents result from carelessness or negligence of another person. In essence, negligence involves a failure to do the things a reasonable person would have done under the same circumstances. Specific examples of negligence that can cause a motorcycle accident include:

  • Opening a car door in front of a moving bike—Too often, passengers in a parked vehicle open the door on the traffic side of a vehicle without looking to see if anyone is coming
  • Distracted driving—Other motorists will frequently take their eyes off the road, whether to use a cell phone or handheld device, adjust the stereo, talk to a passenger, wolf down lunch on the run or take in a roadside attraction/distraction
  • Violation of traffic laws—Excessive speed, failure to yield to the right of way of a motorcycle, illegal lane changes, rolling stops at a red light or stop sign
  • Driving under the influence of drugs or alcohol—Another driver may have diminished capacity behind the wheel because of the use of controlled substances
  • Tailgating or other aggressive driving—Other drivers may fail to maintain a reasonable distance behind a motorcycle or otherwise drive to close to a bike

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail or call our offices 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 Accident Claims Tagged With:

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