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Long Island Personal Injury

Physical or emotional injury, as well as damage to personal property, is considered in law as “Personal Injury”. In cases involving personal injury, the laws allow the injured party to receive compensation for damages caused by someone else’s negligent or intentional acts.

Personal injury law is also called “tort” law. The Federal government and the States have enacted tort laws to protect of your rights. Tort actions consist of three elements. First, a legal duty should exist between the defendant (the one doing the wrong) and the plaintiff (the person injured). Second, there should be a breach of that duty. And third, the breach of that duty should have led to damages. When all these three elements have taken place, there is a personal injury or tort.

There are laws that exist to guard individuals and their possessions from harm and injury. These laws demand all citizens not to harm others. When someone causes harm on another person or to his belongings, this individual becomes liable to answer to the tort laws governing the situation.

There are two probable causes of liability – negligence and intentional acts. Negligence refers to an individual’s inability to take appropriate action resulting in another person’s injury. On the other hand, an intentional act pertains to a premeditated act meant to inflict harm or injury on another individual. An example of negligence would be a careless driver running into your car. Although this act was not deliberate, it resulted to an injury because of the driver’s recklessness. On the contrary, if an angry person intentionally ran into your car to harm you, this is considered an intentional act.

In the first case, the defendant had no intention to cause harm however; there was failure to take the appropriate action to avoid injury from happening. In the second case, the defendant intended to inflict harm. In both cases, there is a legal duty not to injure you or your property. This duty was breached by the defendant’s act, negligent or intentional, resulting to damages to the individual and or his property.

Another form of tort law, “strict liability”, implies that accountability exists whether or not negligence was involved. Generally, strict liability is relevant to situations which are unusually or innately dangerous. This concept applies in the area of product liability as well. Manufacturers have a legal responsibility to guarantee their product’s safety when used as instructed. If the use of their product leads to an individual’s injury, it is sufficient to prove that their product was defective and that there was harm done, without proving negligence or intent.

When a personal injury has occurred, the defendant is liable to make good the damage done. “Damages” pertains to the amount of money that the defendant is legally required to pay the plaintiff to compensate for losses incurred in an accident. This may be agreed upon by the victim or his family and the injuring party, in the course of insurance settlements, or through other means. However, most of the time, the damages awarded to the plaintiff cannot fully compensate for the loss incurred. This is the case for individuals who have suffered from physical injury and are no longer able to return to work.

Personal injury law is the legal instrument that helps identify who is in the wrong or, in other words, who is “liable”, as well as the amount of money that the liable person should pay for the damages. If you have been injured by another individual’s actions, negligent or intentional, it is best to consult with a personal injury attorney as soon as possible to discuss your case, as most personal injury cases are covered by a statute of limitations that allows you to file a lawsuit in a certain period of time only.

If you or a loved one is seeking legal assistance in Long Island, New York, contact Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. today at (212)-354-6800, or call our toll free number (800)-EX-JUDGE for a free case evaluation. You may also submit an online questionnaire.