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What To Look for When Hiring a New Jersey Motorcycle Accident Attorney

March 26, 2025 by

The Right Lawyer Can Make a Big Difference in the Outcome of Your Case

What to Look for When Hiring a Motorcycle Accident AttorneyYou’ve been hurt while riding on a motorcycle. If your injuries were caused by the carelessness of another motorist, you have the right to take legal action to pursue full and fair compensation for your losses. The right attorney can have a big effect on the outcome of your case. What should you look for when hiring a New Jersey motorcycle accident attorney?

The Important Skills, Knowledge, and Experience You Want in a Motorcycle Accident Lawyer

Motorcycle accidents can be very different from other types of motor vehicle accidents, particularly when you’re trying to recover monetary compensation for your losses:

  • The injuries suffered in a motorcycle accident are typically severe. You want a lawyer with experience handling serious and catastrophic loss. An experienced motorcycle accident attorney will understand your potential injuries, even those that might take some time to develop.
  • A knowledgeable motorcycle accident lawyer will be able to anticipate the types of defenses put forth at trial and take steps to counter them. For example, many motorists use the excuse that they “didn’t see you.” An experienced motorcycle accident attorney knows how to produce evidence that the other motorist negligently failed to look for you.
  • Defense attorneys often try to foster bias or prejudice against you because you’re a “biker.” A proven lawyer knows how to overcome such efforts with solid legal arguments.

Let Attorney David J. Karbasian Protect Your Rights After a Motorcycle Wreck

You have the right to seek full and fair compensation when you’ve suffered injury in any type of accident caused by another person’s wrongful act, including a motorcycle crash. We can help. Send us an email today, or call us at 856-600-HURT to schedule an appointment to discuss your claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

We take all motorcycle accident injury claims on a contingency basis. We charge legal fees only if we recover compensation for your losses.

Filed Under: New Jersey Personal Injury Claims Tagged With:

What Do You Have to Prove to Recover Compensation in a Personal Injury Lawsuit?

March 24, 2025 by

What Is the Burden of Proof? What Must the Evidence Show for You to Recover Compensation?

What Do You Have to Prove to Recover Compensation in a Personal Injury LawsuitYou’ve been hurt because of the carelessness of another person. Maybe another motorist ran a red light or stop sign and collided with you. Maybe you slipped and fell on icy or snow-covered steps at a business or personal residence. When the wrongful act of another person causes you to suffer any type of injury or loss, you have the right to take legal action to recover for your losses. What do you have to prove to recover full and fair compensation in a personal injury lawsuit?

Potential Losses Related to a Personal Injury

After an accident, you have the right to seek damages for the following:

  • Wages and income lost because you couldn’t work
  • Any medical expenses related to the accident that are not covered by insurance
  • Any physical or emotional pain or suffering caused by the accident
  • Your inability to do things you could do before the accident
  • Your inability to have close family relationships because of your injuries
  • Any property damage or loss due to the accident

What Is the Burden of Proof in a Personal Injury Lawsuit in New Jersey?

In New Jersey, to successfully obtain a verdict in a personal injury claim, you must prove your case “by a preponderance of the evidence.” Unlike the criminal standard of “beyond a reasonable doubt,” this standard requires only that you demonstrate to the jury that your version of the facts is more believable than the defendant’s version.

What Must You Prove to Prevail in a Personal Injury Lawsuit in New Jersey?

Most personal injury claims in New Jersey are based on a legal theory of negligence. To successfully prove negligence, you must demonstrate to the jury that:

  • The defendant (person from whom you seek compensation) failed to act as a reasonable person would under the same circumstances;
  • The failure by the defendant to act reasonably caused an accident; and
  • You suffered actual losses as a result of the accident.

How Does the Jury Determine What Is “Reasonable” Conduct?

The law imposes a duty on everyone in society to act as a reasonable person would in all actions, whether driving a car, maintaining property, or designing and building a product. There is, however, no specific criteria for identifying when a person’s actions are considered “reasonable.” Instead, a jury must look at the evidence provided and determine whether the defendant acted in the same manner as w0uld an “ordinary person of average prudence, care and foresight.”

How Is Cause Established in a Personal Injury Claim?

To prove causation in a personal injury lawsuit, the injured party must show that the defendant’s carelessness was both the actual and proximate cause of the accident and the ensuing injuries. “Actual” cause is commonly defined as “but for” cause—the accident would not have occurred but for the carelessness of the defendant. Proximate cause, however, requires a bit more. To establish proximate cause, an injured person must show that the accident and the resulting injuries were reasonably foreseeable as a consequence of the carelessness.

Contact the Law Offices of David J. Karbasian, PC

Send us an email 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.

We handle all personal injury claims on a contingent-fee basis. You will not incur any legal fees unless we recover monetary compensation for your losses.

Filed Under: New Jersey Personal Injury Claims Tagged With:

The Most Important Things to Do After a Motor Vehicle Accident

March 12, 2025 by

Steps You Should Take to Protect Your Health and Your Legal Rights

The Most Important Things to Do after a Motor Vehicle AccidentWhen you’ve been involved in a car, truck, or motorcycle accident, your whole life can change in an instant. The things that you do in the immediate aftermath of a crash can make a significant difference in your physical, as well as your financial, recovery. What are the most important things to do after a motor vehicle accident to ensure that your health and your legal rights are protected?

The Potential Consequences of a Motor Vehicle Accident

When you’ve been involved in a collision because of someone else’s carelessness, you may not be able to work right away or for the foreseeable future. You may need extensive medical care, which may not be entirely covered by insurance. Your injuries may cause chronic pain and suffering to the extent that you have to give up activities that brought you joy or fulfillment before the accident. You may be unable to have close personal relationships because of the trauma you’ve suffered. But there are things you can do to maximize your physical recovery and protect your legal rights.

Get the Medical Care You Need

After any type of accident, your first priority should always be your health. Do a quick assessment and determine the nature and severity of your injuries. If you’ve suffered any type of bump or blow to the head or neck, stay right where you are, provided you can do so without further risk of injury. Wait until emergency responders arrive and defer to their expertise. They’ll know how to determine the scope of your injuries, and they can help ensure that you don’t do anything to exacerbate an injury. Be willing to travel to the hospital in an ambulance, if necessary.

Even if you are able to walk away from the crash, you want to get medical attention as soon as possible, either by taking yourself to a hospital emergency room or urgent care facility, or by scheduling an immediate appointment with your primary care provider. The sooner you seek medical care, the more options doctors will typically have. In addition, getting timely medical treatment will help your legal claims, as doctors can confirm that your injuries resulted from the accident.

When you seek medical attention, be certain to tell doctors about anything that seems unusual. Don’t focus only on obvious injuries, such as a broken bone. Often, injuries that take some time to develop are the ones that cause the most long-term challenges. Ask medical personnel to document everything in writing, so that you have a permanent record.

Gather Information, If Possible

If you can, try to get as much information as you can from the other driver and from potential witnesses, including names, phone numbers, email addresses, and other contact information. Be willing to ask the at-fault driver for the name of their insurance company. In addition, get your phone out and take pictures of everything that may be relevant to the crash, including the injuries you’ve suffered, the damage to all vehicles, weather conditions, skid marks, and any roadway issues that may have contributed to the accident.

Contact an Experienced Attorney

The sooner you contact an attorney, the sooner your rights will be fully protected. Your attorney can be your liaison with insurance companies, helping you get the benefits you need and deserve. Your attorney will also know what steps to take to ensure your rights are protected in court.

Contact the Law Offices of David J. Karbasian, PC

You have the right to seek full and fair compensation when you’ve been hurt in any type of motor vehicle accident caused by the carelessness of another person. We can help. Send us an email today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

We take all personal injury claims on a contingency basis. We will charge legal fees only if we recover compensation for your losses.

Filed Under: New Jersey Personal Injury Claims Tagged With:

Recovering Compensation After an E-Scooter Accident

August 16, 2024 by

What to Do to Protect Your Rights

Recovering Compensation After an E-Scooter AccidentOver the past decade, e-scooters have swept the nation. They offer a convenient way to get just about anywhere, but they can also be dangerous. The scooter may be poorly maintained, causing it to malfunction and crash. Furthermore, as with motorcycles, you can get into accidents with motorists who simply aren’t watching out for you, even though you have the right of way. In the aftermath of an e-scooter accident, the steps you take can make a big difference in your health and legal rights.

What Should You Do Immediately After an E-Scooter Accident?

After a scooter accident, as with any personal injury, your first concern should always be your health and safety. If you can do so without putting yourself in further jeopardy or aggravating your injuries, get off the road. Do a self-assessment. If you’ve suffered a head, neck, or back injury, don’t try to get up. Wait until emergency personnel arrive. Even if you can walk away under your own power, you should seek medical attention as soon as possible, either by going to a hospital emergency room or urgent care facility, or by seeing your primary care physician.

When you get medical care, make certain you tell the nurse or doctor about anything that seems out of the ordinary. Don’t focus on the obvious injuries, such as a broken bone, and neglect to mention your stiff neck or sore shoulder. Such symptoms may be important to any legal claims you might bring later. Ask doctors to put everything in writing.

If you can safely do so, get contact information from everyone involved in the accident, as well as all potential witnesses. Recording names, addresses, and email addresses will help your attorney get in touch with them when preparing your case.

Additionally, if you can, take pictures of anything related to the accident, including your injuries, injuries suffered by other parties, all vehicle damage, the location of the accident, the weather, and road conditions. Using the camera on your phone is fine.

Finally, as soon as possible, contact an experienced attorney, so that your legal rights are fully protected.

Contact the Law Offices of David J. Karbasian, PC

Send us an email 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 Claims Tagged With:

The Potentially Responsible Parties in a Motorcycle Accident

April 26, 2024 by

How Do You Know If You Can Sue Someone for Your Losses?

The Potentially Responsible Parties in a Motorcycle AccidentWhen you think about motor vehicle accidents, there’s a tendency to assume that there must be two drivers involved, that you have to show that another motorist caused a collision that led to your injuries. That’s not necessarily the case. Let’s take a closer look at how liability is determined in any motor vehicle accident, including a motorcycle crash.

The Basis for Liability in a Motorcycle Accident

Though you can always seek compensation from someone who intentionally harms you, as a practical matter most personal injury claims, including most motorcycle accident lawsuits, are based on the legal concept of negligence. Negligence is essentially a failure to act reasonably under the circumstances. Negligence is a centuries-old legal principle that holds that all people in society, in all their actions, must employ the standard of care that a reasonable person would. That applies to people operating a motor vehicle.

When Can You Recover Monetary Compensation from Someone with Whom There Was No Impact?

If a person’s actions were unreasonable and if those actions caused or contributed to an accident where you suffered losses, you can seek damages from that person. There are a number of situations where a person’s carelessness may cause a motorcycle accident without any impact with your bike:

  • A person serves alcohol to someone, who, in an inebriated state, causes you injury in a motorcycle accident
  • A person fails to secure materials or debris on a truck or other motor vehicle, and they fall off into your pathway, causing an accident
  • A municipality or municipal worker fails to properly maintain the roadway, leading to potholes, excessive gravel or water, broken or missing signs
  • Another motorist disobeys traffic laws, veering into your path or coming too close to your bike, causing you to take evasive action and lose control
  • A person fails to use reasonable care to design or manufacture vehicle components, either on your vehicle or some other vehicle,

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 Claims Tagged With:

Can a Parent Be Held Responsible for Injuries Caused by His or Her Child?

March 5, 2024 by

Is There Parental Liability in New Jersey for the Negligence of a Minor Child?

Can a Parent Be Held Responsible for Injuries Caused by His or Her ChildYour child now has a drivers’ license and occasional use of the family car. While out driving, he or she causes a motor vehicle accident, resulting in injuries to another person. Can your child be held legally responsible in a personal injury lawsuit? Can you be held liable for the negligence of your minor child?

Can a Minor Be Held Responsible for Personal Injury in New Jersey?

Under prevailing New Jersey law, certain minors have a duty to “act with the same amount of care as children of similar age, judgment and experience.” As a general rule, children under the age of 7 are presumed in New Jersey to be unable to engage in negligence. If, however, a jury determines that a minor had the ability to understand the consequences of his or her actions and had received proper training to minimize the risk of injury, the minor may be held liable for negligence. As a practical matter, though, a minor child will typically lack the resources to satisfy a personal injury judgment. Accordingly, the injured party will typically look to either the parents of the minor child or the parents’ insurance company.

Can the Parents’ Insurer Be Held Liable?

As a general rule, if the parent lists the minor child as a potential driver of the vehicle, the insurance company will be required to pay any claims related to accidents caused by the minor child.

Can a Parent Be Sued for the Negligence of a Minor Child in a Motor Vehicle Accident in New Jersey?

As a general rule, a parent will only be held liable for accidents caused by a minor child if it can be shown that the parent’s negligence caused or contributed to causing the accident. For example, if the parent allowed the child to drive the family car, knowing that child was an unskilled, inexperienced or poor driver, that may be sufficient basis to establish negligence or carelessness.

Contact the Law Offices of David J. Karbasian, PC

Send as 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 Claims Tagged With:

What Is Loss of Enjoyment of Life in a New Jersey Personal Injury Lawsuit?

February 24, 2024 by

What Losses Does It Cover? How Are Damages Calculated?

What Is Loss of Enjoyment of Life in a New Jersey Personal Injury Lawsuit?In the aftermath of any personal injury, you may find it difficult or impossible to do some or many of the things that you loved doing before the accident. You may find it challenging to complete many of the most basic tasks required in everyday life, such as personal grooming, playing sports, or engaging in a beloved hobby. You have a right to seek full and fair compensation for the changes that have come to your life because of the carelessness or negligence of another person. These types of damages are commonly referred to as “loss of enjoyment of life.”

How Does the Law Define “Loss of Enjoyment of Life”?

There are two specific ways that “loss of enjoyment of life” can be construed in New Jersey. Most commonly, the term refers to your loss of the ability to engage in or pursue those activities that previously brought you joy, pleasure or fulfillment. For example, you may have been a passionate club-level tennis player before a car accident, but find that you can’t play the game you love anymore because of pain or physical limitations resulting from a motor vehicle accident.

Loss of enjoyment of life can also describe the impact of your inability to engage in the ordinary acts of daily life. You may suffer some level of paralysis or some other permanent injury that makes it difficult for you to move about under your own power, requiring a wheelchair or other device. As a consequence, you may find it too difficult to simply go outside and enjoy some fresh air.

How Are Damages for Loss of Enjoyment of Life Calculated?

There are no objective measures by which these damages can be determined (like you would have with lost wages or unpaid medical bills). These are what are commonly referred to as “non-economic damages.” The jury will still ultimately decide how much you should receive for your losses, employing one of a variety of methods:

  • The multiplier approach—Under this method, the jury will calculate all economic damages (lost wages and unreimbursed medical expenses) and multiply that number by some factor, usually between 1 and 5. The factor used will commonly be based on the severity of your injuries, as well as the degree of culpability of the defendant.
  • The determination of a “reasonable” amount—The judge may instruct the jury to identify a “reasonable” amount of damages, based on the unique circumstances of the case

Contact the Law Offices of David J. Karbasian, PC

Send as 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 Claims Tagged With:

What Is Loss of Companionship or Consortium in New Jersey?

February 24, 2024 by

What Do These Damages Cover? How Are They Calculated?

What Is Loss of Companionship or Consortium in New Jersey?When you’ve suffered any type of personal injury, some of your losses will be easy to identify and calculate—lost wages and unreimbursed medical expenses are typically pretty clear cut. You have a right, though, to full and fair compensation of other types of loss, including damages of loss of consortium. How is loss of consortium defined in New Jersey and how are the losses associated with it calculated?

What Is Loss of Consortium in a Personal Injury Claim?

Loss of consortium is not, in and of itself, a definable physical injury. Instead, it is characterized by a loss of the ability to maintain common physical relations with a spouse because of an injury. For example, if a spouse suffers some level of paralysis as a consequence of a motor vehicle accident or slip and fall and is no longer able to engage in physical or sexual intimacy, that would be the basis for loss of consortium claim.

Is Loss of Consortium the Same Thing as “Loss of Companionship”?

Not exactly. The loss of companionship is a broader claim, which can include loss of comfort, camaraderie, emotional or psychological support or even household services. While a spouse may seek compensation for loss of companionship, other family members may as well. Loss of consortium refers very specifically to the loss of sexual intimacy. A claim for loss of consortium may only be filed by a spouse, though either spouse may claim loss of consortium in a personal injury lawsuit. For example, a surviving spouse may claim loss of consortium as part of a wrongful death action.

How Are Damages Calculated for Loss of Consortium?

Loss of consortium is considered to be a form of “non-economic” damages, which are typically subjective and difficult to determine with any precision. The jury will ultimately calculate the full amount of damages, usually by looking at the severity of the injury, the nature of the injured party’s marital sexual relationship before the accident, and the impact the injury will have on continued physical intimacy.

Contact the Law Offices of David J. Karbasian, PC

Send as an e-mail today or call as at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal accident 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 Claims Tagged With:

Calculating Pain and Suffering in a Personal Injury Lawsuit

January 3, 2024 by

Who Determines the Amount of Your Recovery? How Are Damages Calculated?

Calculating Pain and Suffering in a Personal Injury LawsuitWhen you’ve been hurt in any type of an accident, as a result of someone else’s careless or negligent act, you have a right to seek full and fair compensation for all your losses. That typically includes what are commonly referred to as “economic losses,” such as lost wages, unreimbursed medical expenses, and damaged or destroyed personal property. These types of losses are, for the most part, easy to calculate, typically based on wage statements, repair estimates or medical bills. There are, however, other damages potentially available in a personal injury claim, losses that are significantly more uncertain and more difficult to calculate. Known as “non-economic” damages, these losses include pain and suffering, loss of companionship or consortium, and loss of enjoyment of life.

What Is Pain and Suffering?

Pain and suffering is a legal term used to describe any type of mental, emotional or physical discomfort experienced as a consequence of another person’s wrongful act. Pain and suffering includes any immediate trauma, soreness, aching, spasms, itching, twitching, throbbing or other physical manifestations of discomfort. It can also include fear, anxiety, stress, depression, anger and a host of other psychological, mental or emotional responses.

How Is Pain and Suffering Calculated in a Personal Injury Lawsuit?

While pain and suffering has tangible consequences, it is often difficult to treat with procedures or medications whose costs can easily be established. In addition, damages for pain and suffering also typically include compensation for the inability to engage in certain activities because of the pain. Accordingly, pain and suffering can rarely, if ever, be calculated by any tangible means. As a consequence, courts have taken a couple of different approaches to the calculation of compensation for pain and suffering:

  • The use of a multiplier—Many courts will ask the jury to first determine the economic, or tangible, losses and then apply a “multiplier” to calculate non-economic damages. For example, the jury may determine that the injured party had $500,000 in lost wages and another $500,000 in unpaid medical expenses. Using a factor of 1.5, the jury would multiply the total economic damage award ($1,000,000) by the factor and assess non-economic damages at $1,500,000.
  • The calculation of a “reasonable amount” for pain and suffering—Other courts instruct jurors to calculate a reasonable amount for non-economic damages, based on the severity of the injuries and the culpability of 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 Personal Injury Claims Tagged With:

Motorcycle Safety in New Jersey Winters

January 3, 2024 by

Staying Safe While Staying on Your Bike in Snowy and Icy Weather

Motorcycle Safety in New Jersey WintersIt takes a hardy soul to travel by motorcycle in New Jersey in the winter. But that comes natural for most people who love to ride a motorcycle. You’re not about to let a cold wind keep you off the roads. You do, however, want to take some extra precautions to minimize the risk of injury when motoring on snow and/or ice.

  • Winterize your bike—Just a few minor modifications can greatly improve your safety. Make certain you have a good-sized windscreen, something that will keep the snow out of your eyes. Good hand guards can also keep the polar winds off your hands. The hoses on your bike can take a beating in cold weather, so check them before you head out. Always check your tires—the rubber can get really hard in cold temps, providing less traction. In addition, the cold weather will lead to a loss of tire pressure.
  • Wear the proper gear—Remember the rhyme—ears, nose, fingers, and toes. Those are the body parts most susceptible to cold (and potentially to frostbite). Make certain you have good gloves and boots, and that your helmet protects your nose and ears. Layering is the best way to stay warm, and make certain your gear is waterproof.
  • Give yourself more room—You’ll typically need more distance to come to a complete stop. In addition, when you’re turning a corner, don’t take it as tightly as you would at other times of the year.
  • Pay closer attention—Some of the hazards in the winter can be virtually invisible—take black ice, for example. It’s commonly caused when the exhaust from other vehicles freezes upon contact with cold pavement. It’s microscopically thin, but can take you down in an instant.
  • Stay home if conditions warrant—There are times when even the most intrepid soul should stay home. Heavy snow or freezing rain/sleet will almost always be dangerous when you’re on a motorcycle.

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 motor vehicle accident 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 Claims Tagged With:

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