Being in any kind of accident can prove to be a devastating experience, leaving you to deal with injuries, property damage, and pain and suffering, among plenty of other factors.

That being said, if your accident occurred because of someone else’s negligence, you shouldn’t have to deal with the resulting medical expenses, repair bills, and other out-of-pocket costs on your own. At Garces, Grabler & LeBrocq, you can get help from a Paterson personal injury lawyer.

Still, what exactly constitutes a personal injury, and what should you do if you get into an accident that causes one?

Understanding Personal Injury Law in Paterson

Personal injury law is the body thereof that establishes your rights if you’ve been injured by someone else. There are a few types of legal claims that fall under the umbrella of personal injury law in Paterson.

One of these is accidental injuries, which are what most people think of when they hear the term “personal injury law.” They refer to injuries that result from someone’s negligent behavior or their failure to live up to their professional responsibilities, including everything from medical malpractice to car accidents.

Another type of personal injury claim is a strict liability claim, which doesn’t require that you prove negligence. An example of such a claim could be a malfunctioning product causing your injuries; although the manufacturer or designer of the product didn’t mean to cause harm, they’re still liable.

Intentional torts also fit under the umbrella of personal injury. These refer to injuries you sustain from someone who intentionally sets out to hurt you; examples include instances of assault and battery.

Regardless of the case you bring forward, one of the most important things to know about personal injury law in Paterson is that the state follows a modified comparative negligence system, which means that you can receive compensation even if the accident was partly your fault, provided that your percentage of fault is below 50%.

With that system in place, turning to a personal injury lawyer for help is essential to ensure your rights are respected and that insurance companies don’t try to cheat you out of compensation.

What You Must Prove When Filing a Personal Injury Claim

In the majority of personal injury claims in Paterson (and throughout the country), you have to prove the other person’s negligence, and that requires meeting a few key requirements.

First, you must show that the other party owed you a duty of care, meaning they had an obligation toward you. In the instance of a car accident, for example, the other person had a duty to drive safely to protect other people, like yourself, while on the road.

You then have to show that they failed to meet that obligation; in the same car accident example, that could mean that they were speeding or driving while intoxicated.

Lastly, you must draw a direct link between the person’s negligence and your injuries and explain that you suffered losses that you can be compensated for.

What Damages Can You Receive in a Personal Injury Claim?

It’s possible to receive both economic and non-economic damages in a personal injury claim.

Economic damages refer to those that are objectively quantifiable, beginning with medical expenses, such as hospital care and physical therapy, among many other things. All of these costs often significantly add up, but if you file a claim, it’s possible to get compensation to help with them. If the injury was severe enough to leave you in need of ongoing care, you could file for future medical expenses as well.

Having to deal with an injury and getting treatment for it can mean missing days of work, resulting in lost wages. You can claim these losses, too. If the injury won’t allow you to return to your previous job or prevents you from working, you could also receive future wages you would otherwise have received.

Lastly, in cases regarding property loss, which often occurs in car accidents, you also have the chance to claim these; your car may need repairs or replacement, for instance.

Non-economic damages are more complex, in contrast, as it’s not as simple to put a number on losses that affect you emotionally. One of these is pain and suffering, which refers to the physical and emotional distress that you suffered because of the accident. There are a few different ways of quantifying pain and suffering, but generally, the more serious your injuries are, the more compensation you can receive.

Loss of enjoyment of life is another type of non-economic damage you can claim, and it refers to the way in which your injury has impacted your life. Loss of consortium can also apply if you lost a loved one in an accident or if the injuries were severe enough to leave them incapable of providing you with their support and affection.

Types of Personal Injury Cases in Paterson

In Paterson, Garces, Grabler & LeBrocq offers help in a variety of personal injury cases. The following is just a selection of what we can help you with; if you’re not certain whether our team can represent your claim, scheduling a consultation with us can answer all of your questions.