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Manhattan Personal Injury

In legal context, “Personal Injury” refers to physical or emotional injury, or damage of one’s personal property. In cases involving personal injury, the law allows the injured party to demand compensation for damages caused by someone else’s negligence, or intentional actions. Our society’s laws exist to protect all individuals and their possessions from harm or injury. When a person has inflicted harm on another individual or his belongings, that person becomes liable to answer to the tort laws governing the situation.

Personal injury law is also called “tort” law. The Federal government and the States have enacted tort laws for the protection of your rights. Tort actions have three elements: there must be a legal duty between the defendant (the one doing the wrong) and the plaintiff (the person injured); there must be a breach of that duty; and, damage must occur because of that breach. When all these three elements have taken place, a personal injury or tort has occurred.

Liability can be caused by either negligence or intentional acts. A negligent act occurs when an individual fails to take appropriate action and as a result, another individual is injured. An intentional act, on the other hand, is one that is designed to cause harm or injury. For instance, a careless driver running into your car is considered as a negligent act. There was no intent to harm you, but the injury was a result of the driver’s recklessness. On the contrary, if an angry person deliberately ran into your car with the intent to harm you, this is considered an intentional act.

In the first case, the defendant did not want to cause harm but failed to take the appropriate action to prevent injury; in the second case, the defendant wanted to cause injury. In both cases, the defendant had a legal duty not to injure you or your property, and this duty was breached by the negligent or intentional actions of the defendant, resulting to damages to the individual and or his property.

Another form of personal injury law covers “strict liability”. Strict liability implies that there is accountability whether or not negligence was involved. This is usually applied to scenarios which are abnormally or inherently dangerous. This concept also occurs in the area of product liability. Manufacturers have the legal responsibility to assure their product’s safety when used as directed. In the event that their product results to an individual’s injury, negligence or intent need not be proven, only that the product was defective through no fault of their own, and that harm was done.

When a personal injury has occurred, the defendant has a liability to make good the damage done. “Damages” refers to the amount of money that is owed to you to compensate for your loss. Damages can be agreed upon by you and the injuring party, through insurance settlements, or by other means. However, generally, the damages offered to the plaintiff may not fully compensate for the loss incurred. This is especially true for individuals who have suffered physical injury and as a result, were not able to return to work.

Personal injury law is the mechanism for establishing who is in the wrong, or in other words, who is “liable”, and what the liable person should have to pay for the damage caused. If you are the victim of a personal injury, make sure that you seek proper medical attention and that you follow up with the proper authorities and your own insurance company. If you believe that your injury was caused by the negligence or intentional act of another individual, it is best for you to consult with a personal injury attorney to discuss your case as soon as it is convenient to do so because most personal injury cases are covered by a statute of limitations, which means that you only have a certain period of time in which you can file a lawsuit.

If you or a loved one is in need of legal assistance in Manhattan, call Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. at (212)-354-6800 or toll free (800)-EX-JUDGE or submit an online questionnaire. Our firm offers a free case evaluation and our dedicated team can help you understand your legal rights and assist you in obtaining the compensation you are entitled to.