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    Brooklyn Personal Injury

Brooklyn Personal Injury

“Personal Injury” refers to the physical or emotional injury, or damage of personal property caused by intentional or negligent acts. Laws exist to protect individuals as well as their possessions from harm or injury. The injured party has legal rights to demand compensation for the damages incurred.

Personal injury law is also referred to as “tort” law. The Federal government and the States enacted tort laws to protect your rights. Tort actions consist of three elements. First, a legal duty between the defendant (the one doing the wrong) and the plaintiff (the person injured) should exist. Second, there must be a breach of that duty. And third, damage should have occurred because of that breach.

Liability may be caused by negligent or intentional acts. Negligence pertains to an individual’s inability to take appropriate action and in so doing has caused another person to be injured. An intentional act, on the other hand, refers to a deliberate act to inflict harm or injury on an individual. For example, a careless driver running into your car is considered a negligent act. However, an angry person purposely running into your car is deemed as an intentional act.

In the first case, even though there was no intention to inflict harm, injury occurred due to an individual’s failure to take the appropriate action. In the second case, the defendant intended to inflict harm. In both cases, though, there was a legal duty to ensure that no one is harmed. This duty was breached by the defendant’s negligent or intentional actions, causing damages to the individual and or his property.

“Strict liability” is another form of personal injury law which implies that accountability exists whether or not negligence was present. Generally, strict liability applies to situations that are unusually or innately dangerous. This concept applies in the area of product liability as well. Manufacturers have a legal responsibility to ensure that their products are safe when these are used as instructed. If a product causes an individual’s injury, proving negligence or intent is no longer necessary. It is sufficient to prove that the product was defective and that there was harm done.

In cases of personal injury, the defendant becomes liable to make good the damage done. “Damages” pertains to the amount of money that is obligated to the victim to compensate for your loss. This may be agreed upon by you and the injuring party, in the course of insurance settlements, or by other means. Most of the time, however, the damages offered to the victim cannot fully compensate for the loss incurred, especially when the victim has suffered from physical injury and, as a consequence, can no longer return to work.

Personal injury law is the legal mechanism that establishes the person who is liable and the appropriate compensation for the damage that was caused. If you are a victim of personal injury, it is advisable that you seek legal guidance from an experienced and dedicated personal injury attorney as soon as possible. Most personal injury cases are governed by a statute of limitations that allows you to file a lawsuit in a specific period of time only.

If you or a loved one has been injured in Brooklyn or any part of New York, contact Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. today at (212)-354-6800 or call our toll free number at (800)-EX-JUDGE for a free case evaluation.You may also submit your query through our online questionnaire.