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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 / 856-600-HURT 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.

Nursing Home Neglect a Serious Problem

nursing-home-neglect-a-serious-problemWhen your loved one needs assisted living or nursing home care, you expect that they will be well-tended, and that their days there will be free from pain and suffering. Unfortunately, nursing home care is big business in America, and the bottom line frequently takes priority over patient well-being. In some instances, residents are simply victims of bad behavior by nursing home operators and their employees.

The National Center on Elder Abuse released a report in 2015, documenting the findings of a study conducted over 12 months. The statistics were startling:

  • More than half of all workers in nursing homes admitted to not providing proper treatment during the study. Some of this stems from the fact that most nursing homes are understaffed, and personnel cannot provide the level of care required by every resident.
  • Nearly a third (29%) of the reported abuse is physical abuse and approximately one in seven cases (14%) involve gross neglect. In addition, seven percent of the abuses involved financial exploitation.
  • One in three nursing homes received citations during 2015 for non-compliance with federal regulations governing nursing home operations.
  • More than 20,000 residents of nursing homes suffered serious injuries to their face in 2015, often a result of falling out of bed or falling and hitting a chair, table or other hard surface. More than half of those residents were over the age of 85 and almost two-thirds were female.

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 or the hospital, if necessary.

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

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 / 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 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.

Challenging a Blood Test in a New Jersey DUI

challenging-a-blood-test-in-a-new-jersey-duiIf you have been pulled over and charged with driving under the influence in New Jersey, your first inclination may be to see if the prosecutor will allow you to plea bargain to a lesser offense. Unfortunately, New Jersey law does not allow a party to plea bargain in a DUI prosecution. Accordingly, if you want to minimize the consequences or impact of a DUI charge, you’ll need to either get the charges dismissed or exclude evidence such that the prosecutor reduces the charges.

How to Challenge a Blood Test

One of the best ways to avoid or minimize the consequences of a DUI arrest is to bring the validity of the blood alcohol tests into question. You can do this by asking a variety of questions:

  • Who conducted the blood test? Was it a licensed medical professional? If not, you may be able to challenge the results. Furthermore, if the prosecutor can determine who conducted the test, and you can’t examine that witness in court, the case can also be dismissed.
  • When was the blood alcohol equipment last serviced, tested or calibrated? Can you produce evidence of false readings in the past?
  • Did the person conducting the test use an iodine swipe on your skin before taking blood? That can alter the readings of a blood test.
  • Is there any blood left over for an independent test? If not, you may be able to get the case dismissed.

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 / 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.

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 / 856-600-HURT or www.KarbasianLaw.com.

When Can Police Conduct a Blood Alcohol Test in a New Jersey DUI?

when-can-police-conduct-a-blood-alcohol-test-in-a-new-jersey-duiThe police can pull you over for any visible violation of traffic laws, or with reasonable suspicion that you’ve either committed a crime or are in the process of doing so. However, what if police pull you over because of an equipment violation and then want to conduct a blood alcohol test? Suppose there’s no indication that you’ve been drinking and the police admit they didn’t notice anything out of the ordinary? Are there limits as to when a law enforcement officer can require a driver to submit to a blood alcohol test?

In New Jersey, the prevailing law requires a police officer to have one of two things in order to mandate that a driver submit to a blood test—the consent of the driver or a warrant. Physically drawing your blood has been ruled an invasion of privacy in New Jersey, and cannot be performed without a warrant or without consent.

In most instances, the police officer will ask you to submit to a blood test. You have the right to refuse, and that decision cannot be used against you in court as evidence of your guilt. However, you will face automatic suspension of all driving privileges. A better option is to take the test and try to contest the validity of the test.

If you can’t consent or are unconscious, the police officer cannot compel you to submit to a BAC exam. The officer may call a judge on the phone and seek to get a telephonic warrant, however.

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 / 856-600-HURT 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.

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 / 856-600-HURT 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 / 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.

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.

Steps You Can Take When You Have Been the Victim of Consumer Fraud

steps-you-can-take-when-you-have-been-the-victim-of-consumer-fraudIf you have been victimized in a consumer fraud scheme, the first thing you want to do is contact an experienced attorney. There are, however, other steps you can take to protect yourself and to help put others on notice of the potential scam.

Contact the National Consumer League’s Fraud Center

The National Consumer League provides information to the public regarding known scams, as well as ways that you can avoid being swindled. The League can also help you file a complaint with the proper federal regulatory agency.

File a Complaint with the Federal Trade Commission

The Federal Trade Commission (FTC) is an independent agency that promotes consumer protection and seeks to enforce anti-trust and competition laws. As a consumer, you can file a complaint with the FTC and the FTC will gather information and potentially take action against entities that are the subject of many complaints. The FTC also provides information regarding how to steer clear of consumer fraud scams.

Contact Your State’s Consumer Protection Agency

Most states have a separate consumer protection agency. In New Jersey, that’s the Office of Consumer Protection at the New Jersey Division of Consumer Affairs. The OCP enforces the New Jersey Consumer Fraud Act and has specific divisions that focus on home improvement contractors, cyber-fraud, motor vehicle fraud, lemon laws and kosher/halal enforcement.

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 / 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.

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

What Happens If You Receive Something in the Mail that You Didn’t Order?

what-happens-if-you-receive-something-in-the-mail-that-you-didnt-orderIt’s a fairly common consumer fraud scheme—a vendor mails you something unsolicited, then sends you a bill. When you contact the company to tell them you didn’t order it, they ask you to send it back, often at your expense, then threaten you with prosecution or send you more bills or collection letters. What are your options?

The first thing to understand is that any time you receive an item that you didn’t order, it’s a gift. It will never be considered theft and it will never be considered fraud. If the vendor continues to harass you, ask for written proof that you ordered the item. If the vendor fails to produce that, but continues to harass you, contact an attorney immediately. You should also notify your state’s consumer protection agency, as well as the consumer protection agency in the state where the vendor is located.

In addition, a vendor cannot send you an unsolicited letter, telling you that if you don’t return a form by a certain date, you will receive goods and be charged for them. You can only be held responsible for that type of arrangement if you agree to it in advance. For example, with a book-of-the-month club or similar vendor, you must first respond to a mailing or advertisement before you can become obligated to anything.

If a vendor has or gets your credit card information and charges you for something you didn’t order, contact your credit card company and contest the charge.

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 / 856-600-HURT 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.

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