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What Happens in New Jersey if You Cause Some of Your Own Injuries?

October 5, 2023 by

The Comparative Negligence Approach in New Jersey

What Happens in New Jersey if You Cause Some of Your Own Injuries?You’re running late for an appointment and driving faster than you should be. Another motorist, perhaps misjudging your speed, fails to yield to your right of way and collides with you. The accident would not have occurred if the other motorist had obeyed the law, but it also would not have occurred if you weren’t speeding. Can you still seek compensation for your losses?

How New Jersey’s Comparative Negligence Laws Work

Before 1970, New Jersey (like many other states) applied the principle of contributory negligence when both parties had some responsibility for causing an accident. Under that approach, a person who contributed in any way to causing an accident could not recover compensation of any kind. Because of the often unfair results that this brought, New Jersey replaced contributory negligence with comparative negligence.

Under the comparative negligence approach, the court first ascertains the full amount of the losses suffered by the plaintiff (the person bringing the lawsuit). Once those damages have been calculated, the jury then determines the degree to which the plaintiff was responsible for causing the collision. The full measure of damages is then reduced by the plaintiff’s percentage of liability.

For example, suppose you were hurt in a car, truck or motorcycle accident, and the jury calculates your losses at $500,000. The jury also determines that you were 40% responsible for bringing about the accident. Your damage award will then be reduced by $200,000 (40 percent of $500,000).

New Jersey has adopted the form of comparative negligence known as modified comparative negligence. That means that, as the injured party, your liability must have been less than that of the defendant. If your liability is greater than 50%, you cannot recover anything.

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:

How Is Evidence Gathered in a Personal Injury Case?

September 1, 2023 by

How Will Your Attorney Find Support for Your Claims?

how-is-evidence-gathered-in-a-personal-injury-case-imgWhen you’ve been hurt because of someone else’s carelessness, you have the right to file a civil lawsuit to recover for all injury and loss you suffered. You may be able to settle your claim without going to court, but if there’s a trial, you’ll need evidence to convince the jury of your arguments. How does your attorney gather that evidence?

Discovery in a Personal Injury Case

As a part of the legal process in a personal injury lawsuit, the parties engage in what the law refers to as “discovery.” The official discovery phase of a lawsuit typically begins shortly after the initial complaint and answer have been filed. The judge will customarily schedule a meeting with all parties and their lawyers, determine whether settlement if a possibility, and set forth the rules and time parameters for discovery.

It’s important to understand that there’s nothing that prevents either party from conducting an investigation or hiring a private detective/investigator to look into the details of the accident. The court will typically not be involved in that type of evidence gathering. Instead, the three common discovery tools that the court uses (and oversees) are:

  • Depositions—A deposition is the examination of a witness or party. Attorneys for both sides will be present for the questioning of the witness and there will customarily be a court reporter present to transcribe all testimony. The proceeding does not, however, take place in court—it’s often in the offices of one of the attorneys. Attorneys for any party to the litigation will have the opportunity to ask questions. Furthermore, while the rules of evidence apply to any questions or statements, any objections typically won’t be ruled on immediately, as there is no judge present. Parties must, however, register their objections and the court will typically rule on those objections before deposition testimony is admitted in court.
  • Interrogatories—These are written questions submitted by one party to another. The court will customarily establish limits on the number of interrogatories, so that one side can’t overburden the other or cause unnecessary expense.
  • Requests for production—Parties to the litigation may ask to see documents or physical evidence

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:

What Is a Deposition and How Is It Used at a Personal Injury Trial?

September 1, 2023 by

Understanding One of the Fundamental Ways of Gathering Evidence

what-is-a-deposition-and-how-is-it-used-at-a-personal-injury-trialWhen your attorney is preparing your personal injury case for trial, evidence needs to be collected, evaluated and preserved. Perhaps the most common tool for doing that is a deposition.

What Is a Deposition?

Essentially, a deposition is an interview with a witness. That witness may or may not be a party to the litigation. A deposition typically takes place in the offices of one of the attorneys involved in the litigation. In addition to the deponent (person being questioned), there will typically be attorneys for all parties, as well as a court reporter, who will transcribe all the questions and answers.

What Are the Purposes of a Deposition?

Depositions are used for two specific purposes:

  • To learn what a witness knows
  • To provide a record of that testimony to be used later, if necessary

In the American civil justice system, the principle of “open discovery” applies. That means that all parties are entitled to equal access to relevant evidence. A deposition allows all parties to learn exactly what a witness knows, saw or might potentially say at trial. If the witness says one thing at the deposition, but testifies differently at trial, the deposition can typically be used to bring his or her credibility into question.

Tips for a Successful Deposition

If you’ve never been deposed before, here are some things to remember:

  • It’s best to tell the truth, as it can come back to haunt you at trial
  • Your words are being recorded, but the court reporter cannot transcribe your physical movements. Answer yes or no, rather than nodding or shaking your head.
  • Listen carefully to the question that was asked and answer that specific question—In most instances, the shorter your answer, the better. Never volunteer information that is not related to the question.
  • Tell only what you know—don’t guess
  • Take a deep breath if you need to—Don’t be an adversarial witness. A skilled attorney can use that against you.

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 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:

What to Expect When You Have a Personal Injury Claim, Part I

March 9, 2023 by

What Will the Legal Process Entail?

What-to-Expect-When-You-Have-a-Personal-Injury-Claim-Part-I-imgYou’ve been hurt in a car, truck or motorcycle accident, or you’ve tripped on broken pavement or stairs at a local business and suffered a debilitating injury. You know you need to take legal action to recover for your losses, but you’ve never done that before, and have no idea what to expect.

The First Phase of a Personal Injury Claim—Filing a Lawsuit

To initiate a claim in court after a personal injury, you will need to file a complaint. You could do this yourself, but you’d be at a significant disadvantage, as there are rules about where you can file your claim and how soon you must file your claim. An experienced personal injury attorney will know those rules and will ensure that your rights are protected.

Once you file your complaint, the defendant has a certain amount of time to respond (by filing an “answer” to the complaint). If the defendant fails to answer the complaint by the deadline, you can seek a default judgment.

As a general rule, in New Jersey, you have two years from the date of the accident/injury to file a personal injury lawsuit. The defendant must generally answer within 35 days of service of the complaint.

The Next Phase—Gathering the Evidence

If the defendant files a timely answer, the court will typically schedule a meeting of all parties. At that meeting, the judge will learn some of the basic details of the case, will inquire as to the likelihood that the case can be settled without trial, and will establish a timetable for “discovery,” where the parties gather evidence.

Discovery typically includes three components:

  • Depositions, where witnesses are questioned under oath and in the presence of a court reporter
  • Interrogatories, where the parties submit written questions to each other
  • Requests for production of documents or other evidence, to be examined by the other party

The discovery period can last anywhere from six months to a year, on average, though it may be longer in more complicated cases.

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:

Does the Standard of Care Change in Winter Weather?

November 22, 2022 by

Can a Person Be Held to a Higher Standard in Snowy or Icy Weather?

does-the-standard-of-care-change-in-winter-weatherIt’s winter in New Jersey and that means you can expect snow and ice on the roads, making conditions potentially more dangerous. Can a jury find that you were negligent and caused an accident, even if you were obeying the posted speed limit? In other words, is there a higher standard of care in inclement weather? Let’s take a closer look at how the law defines negligence.

To successfully prove negligence in a personal injury lawsuit, you must show three things:

  • That the defendant (person from whom you seek compensation) did not act as a reasonable person would
  • That the failure to act reasonably caused an accident
  • That you suffered actual losses because of the accident

How Does a Jury Determine the Standard of Care?

When determining liability, the jury will compare the actions of the defendant to what “a reasonable person” would have done, under the same circumstances. The law does not specifically identify exactly what that behavior would be, but allows the jury to make a determination, on a case-by-case basis, as to whether or not the actions of the potentially at-fault driver were reasonable. The two key components of that test are:

  • What would be considered reasonable behavior?
  • What were the unique circumstances?

Though there’s no guarantee that a jury would hold a driver to higher standard in snowy or icy weather, it’s highly likely. The jury could easily conclude that a reasonable person would know (or expect) that it would be more difficult to stop or control a car in snow or ice, requiring that the driver take extra precautions to minimize the risk of a collision. Those extra precautions would include driving at a slower speed and allowing more room for braking. Accordingly, even if the defendant was traveling below the posted speed limit, the jury may conclude that the speed was unreasonable, given the weather conditions.

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:

How the Judge and Jury Work Together in a Personal Injury Lawsuit

November 4, 2022 by

What Does the Judge Do? What Is the Responsibility of the Jury?

how-the-judge-and-jury-work-together-in-a-personal-injury-lawsuitWhen you’ve suffered any type of loss in New Jersey because of the wrongful acts or negligence of another person, you have the right to file a lawsuit to recover damages (financial compensation) for your losses. While most personal injury claims settle before going to trial, you may need to take your case to a judge and jury to get the outcome you want. Why is there both a judge and a jury at trial? What are their respective roles and responsibilities, and how do they work together?

The Role of the Judge

In any trial, whether it’s a criminal prosecution or a civil lawsuit for damages, the judge makes all decisions of law. For example, if one of the parties seeks to introduce certain evidence, and the other party objects, the judge will consider the laws of evidence and make a ruling as to whether the evidence may legally be permitted at trial.

The Role of the Jury

The jurors are charged, in either a civil or a criminal proceeding, with making determinations of “fact.” Commonly, attorneys for each side will make factual assertions, which may often be vastly different. It is ultimately up to the jury to decide which version of the facts is more believable.

How Do the Judge and Jury Work Together in a Personal Injury Trial?

Ultimately, it is the responsibility of the jury to determine the facts and to then apply the facts to the law. Because the jurors don’t know the law, they will receive instructions of law from the judge. For example, the judge will typically tell the jury that, if they make a particular factual conclusion—that the defendant failed to stop at a stop sign—they must come to the legal conclusion that the defendant was negligent, and potentially liable for damages.

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:

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