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Happy New Year 2020

Happy New Year 2020

To a joyful present and a well-remembered past. Best wishes for happy holidays and a magnificent new year.

New Technology Being Applied to Motorcycle Helmets

MIPS-Equipped Helmets Reduce Impact of Head Trauma

Motorcycle HelmetsSafety officials have long known that head injuries are the leading cause of death and injury in motorcycle accidents. Statistics also show that most head injuries occur when a biker hits his or her head against the ground at an angle.

A number of motorcycle helmet manufacturers are developing new products that integrate multi-directional impact protection system (MIPS) safety technology to minimize the consequences of angled-impact trauma. MIPS replicates the action of the brain’s cerebrospinal fluid, the body’s natural defense response to an angled impact on the skull. With MIPS, wafer-thin material causes your helmet to slide relative to your head. Studies show that such movement minimizes the severity of the impact.

MIPS technology was first developed about 15 years ago and used extensively by jockeys and horseback-riding enthusiasts. About ten years ago, the technology started to appear in bicycle helmets. It comes as an insert installed between the EPS liner and interior padding of the helmet.

The developers of MIPS say helmet manufacturers were initially resistant to the technology, fearing bikers would not see a significant benefit for the additional cost. But motorcycle airbag vests and jackets received a similar response, initially being dismissed by riders who did not believe they were effective. It’s anticipated that, just as airbag safety equipment has garnered wide support and acceptance, MIPS technology will become commonplace.

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, if necessary.

Mortgage and Foreclosure Relief Scams Still Prevalent

Federal Trade Commission Advises Consumers to Beware

Mortgage and Foreclosure Relief Scams Still PrevalentThere are few things more stressful than being behind on your mortgage or facing the possibility of foreclosure. Unfortunately, there are unethical people out there who want to take advantage of your anxiety and fears. Here are a few to watch out for:

  • The phony class action—In one high-profile fraud case, companies advertised that qualified consumers could join a class action mortgage fraud lawsuit against certain banks and lenders. The company initially said the cost would be limited to a one-time charge of $895. Victims were told they had a “strong case,” when most of the lawsuits were summarily dismissed. The victims also were convinced to send monthly payments even after the legal action was terminated. In many instances, no lawsuit was ever even brought on behalf of the victims.
  • The phony counseling or debt negotiation—Another common scam involves a company that promises, for a fee, to negotiate a deal with your lender either to reduce your payments or extend the term of your loan to make it more affordable. You may be asked to make payments to the company while the negotiation is in process. At some point, though, the company will disappear.
  • Rent-to-buy schemes—In this con, a company or individual encourages you to transfer title to your home as part of an arrangement that allows you to stay in your home, rent it from the company while you get your finances together, and then buy it back at a later date. The company promises you’ll get a better rate and better terms when it comes time to repurchase, but generally the opposite is true. You’ll find that you can’t afford the terms, and you no longer own your home. The scammer may even raise the rent to a level you can’t afford and then evict you. Or the con artist may promise to sell the house and give you a portion of the profits, but that won’t happen.
  • Bait-and-switch cons—In another scam, you receive a pile of documents to sign purportedly to refinance your home. Hidden in the legalese is a provision that conveys title to your home in exchange for a “rescue loan.”

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today 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.

Slip and Fall Injury

Slip And Fall InjuryProperty owners and managers of commercial property in New Jersey have an affirmative duty to remove snow and ice in public thoroughfares, and may even be required to put up warning signs or use melting agents. If you are hurt in a Slip and Fall accident call Attorney David Karbasian at 856-667- 4666.

Happy Thanksgiving 2019

Happy Thanksgiving 2019

“Gratitude can transform common days into thanksgivings, turn routine jobs into joy, and change ordinary opportunities into blessings.” – William Arthur Ward

Accidents on Snowy or Icy Roads in New Jersey

Accidents on Snowy or Icy Roads in New Jersey

When snow and ice hit New Jersey, motorists need to take extra precautions—slow down, clean off window, increase braking distance. Unfortunately, many don’t! If you have been hurt because of the carelessness of another driver, call attorney David Karbasian at 856-667-4666.

The New Jersey Consumer Fraud Act

New Jersey Statute Helps Consumers Fight Home Improvement Fraud

The New Jersey Consumer Fraud ActThere are few material things more exciting that a home improvement project. Adding a room or remodeling a kitchen or bathroom can go a long way toward enhancing your quality of life. But you need to be careful—there are, unfortunately, a number of “home improvement” contractors who promise one thing but deliver far less. Worse yet, a contractor may take advance payment and then disappear.

Fortunately for consumers in New Jersey, the state legislature enacted the New Jersey Consumer Fraud Act (NJCFA). The NJCFA includes extensive regulations that address the business and conduct of home improvement contractors. For example, the NJCFA requires agreements regarding any project where the contractor will charge more than $500 to be in writing and signed by both the homeowner and the contractor. That writing requirement also applies to change orders or modifications of an existing contract. The NJCFA also mandates that the home improvement contractor provide detailed information in the agreement:

  • The legal name and address of the home improvement contractor
  • A description of all work to be done and materials to be used
  • The total cost of the work, including any finance charges
  • A statement of when the work will commence and when it will be completed
  • The contractor’s state registration number
  • Any guarantee or warranty offered by the contractor

The contractor also must provide the homeowner with the telephone number for his insurer, as well as the toll-free number for the New Jersey Division of Consumer Affairs. The customer also must be made aware, in writing, of his right to cancel the agreement within the first three days.

Damages under the NJCFA

To make a successful claim for fraud against a home improvement contractor under the NJCFA, you must prove the following:

  • The home improvement contractor engaged in an unlawful practice;
  • You suffered actual loss; and
  • The contractor’s actions caused your loss.

If you can meet these requirements, you may be entitled to treble damages (three times your actual loss), as well as reasonable attorney fees and reimbursement of legal costs.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today, 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.

Motorcycle Airbag Vests and Jackets

Do They Really Work?

Motorcycle Airbag Vests and JacketsWhen you ride a motorcycle, you accept a certain risk that’s not there when you travel in a passenger vehicle. But the statistics are a bit staggering. Motor-vehicle accidents are the leading cause of death among people under the age of 30, and about one in three of those fatalities involves a motorcyclist. Furthermore, about 90% of serious and fatal injuries to bikers stem from trauma to the head, neck, or chest. What if there were an effective way to minimize the consequences of a motorcycle collision, particularly when the crash involves impact with the road or other obstacle? A new product may do just that.

Airbag technology has long been standard in most cars and trucks, but it may surprise you to learn that the first patent application for airbag technology, filed in 1976, applied to motorcycles. The approach is different, though, with motorcycles. Instead of attempting to put an airbag on the bike itself (there’s no assurance that would provide any protection to the rider), product developers have integrated airbag technology into motorcycle vests and jackets. Studies show that the result may be effective in preventing injury.

How Does a Motorcycle Vest/Jacket Airbag Work?

With most vest and jacket airbags, a tether or lanyard attaches to your bike, with the other end connected to the vest or jacket. If you fall off the bike, the pull on the tether punctures a CO2 tube in the clothing, which immediately inflates the airbag. Most available jackets and vests are fully inflated within one quarter of a second.

Smart technology also is being applied to airbag vests and jackets. At the high end of the spectrum, there are airbag vests and jackets with built-in sensors that detect when you lose control and automatically inflate.

Does the Technology Work?

Because the products are relatively new, there’s not a lot of data available yet regarding the efficacy of airbag vests and jackets. A two-year study of lanyard-based airbag clothing reported no situations where the airbags accidentally deployed. That study also reported that one biker lost control of his motorcycle on a wet road. The airbag deployed as intended, and the biker walked away without injury. Studies done by Honda have found that airbag vests and jackets reduce forward momentum by more than 50% and head trauma by more than 80%.

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, if necessary.

Happy Veterans Day 2019

Happy Veterans Day 2019

“The willingness of America’s veterans to sacrifice for our country has earned them our lasting gratitude.” — Jeff Miller

Calculating Pain and Suffering in a Personal Injury Claim

How Will a Jury Determine the Monetary Value of Pain and Suffering?

Calculating Pain and Suffering in a Personal Injury ClaimWhen you’ve been hurt in an accident caused by the carelessness or negligence of another person, it’s pretty common to experience significant pain, either temporarily or for the rest of your life. That pain and suffering may make it difficult or impossible to work, and may force you to give up activities that have given joy, purpose or meaning to your life.

In a personal injury lawsuit, you have a right to seek compensation for that discomfort. It’s not easy to quantify that pain and suffering in dollars and cents, though. Ultimately, a jury will have to determine that you are entitled to damages for pain and suffering and will need to calculate the damage award. Here are some of the considerations that juries typically make when evaluating claims for pain and suffering:

  • How credible are you as a witness? Is your testimony consistent? Did the defense attorney raise doubts about your claims on cross-examination? Did you seem uncertain or lack confidence in your claims? What about your physical appearance? Did you look like someone they could trust? (It may not seem that your physical appearance should matter, but it does).
  • Does your claim follow logically? Do the injuries you allege you have suffered seem a reasonable consequence of the accident?
  • Is there medical or expert witness testimony to support your allegations? Does it seem credible? Is your expert witness effective? Has a clear connection been established between the accident and your pain and suffering?
  • Do you have a criminal record? It has nothing to do with your personal injury, but may affect your credibility.

Some Approaches to Damages for Pain and Suffering

Because of the uncertainty of these damages, different courts take different approaches. Many judges instruct the jury to use common sense when calculating the amount. Another common practice is to use a “multiplier.” In such a case, the court will determine the amount of “economic” damages (those that can easily be calculated) and then multiply that amount by a factor (typically anywhere from 1 to 10). Accordingly, if the court uses a factor of three and the economic damages are $500,000, the damages for pain and suffering will be calculated at $1.5 million.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today 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.

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COVID-19 Firm Update

To our clients, neighbors and members of our community who may require legal services during this uncertain time, we are here for you. Although our dedicated team is working entirely remotely, the use of telephone, texting & video conferencing allows us to stay connected with you 24/7. Furthermore, our case management system is entirely cloud-based, which gives our team members full access to your files during this national emergency. We hope you and your family stay safe during the COVID-19 situation. Continue to check our Facebook page for important updates. We are here to help.