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    Queens Personal Injury

Queens Personal Injury

When an individual is physically or emotionally injured, or when their personal property is damaged, this is defined by law as “Personal Injury”. Laws exist to protect every individual as well as their possessions from harm or injury. In cases involving personal injury, the injured party has legal rights to demand compensation for the damages caused by someone else’s negligence or intentional actions.

Personal injury law is also referred to as “tort” law. Tort laws have been ratified by the Federal government and the States to protect your rights. Tort actions involve three elements. First, there should be a legal duty between the defendant (the one doing the wrong) and the plaintiff (the person injured). Second, there must be a breach of that duty. And third, damage must occur because of that breach. When all these three elements are present, a personal injury or tort has occurred.

Liability may be caused by either negligence or intentional acts. Negligence refers to an individual’s failure to take proper action, resulting in another person’s injury. An intentional act pertains to a deliberate act to cause harm or injury on another individual. When a careless driver runs into your car, this is considered a negligent act. The act was not premeditated but it resulted in an injury due to the driver’s recklessness. On the contrary, if an angry person purposely ran into your car with the intent to harm you, this is regarded as an intentional act.

In the first case, there was no intention to inflict harm, but there was a failure to take the appropriate action to prevent injury. In the second case, the defendant intended to cause injury. In both cases, the defendant had a legal duty not to injure you or your property. This duty was breached by the negligent or intentional actions of the defendant, resulting to damages to the individual and or his property.

There is another form of personal injury law, called “strict liability”. Strict liability implies that whether or not negligence was involved, there is accountability. This usually applies to scenarios that are abnormally or inherently hazardous. This concept also applies in the area of product liability. Manufacturers have a legal responsibility to ensure the safety of their products when these are used as directed. If a product causes an individual’s injury, it is sufficient to prove that the product was defective and that there was harm done. It is not necessary to prove negligence or intent.

A defendant becomes liable to make good the damage done when a personal injury has occurred. The term “damages” refers to the amount of money that is obligated to you to compensate for your loss. Damages may be agreed upon by you and the injuring party, through insurance settlements, or through other means. There are instances though when the damages offered to the plaintiff cannot fully compensate for the loss incurred, such as when an individual has suffered from physical injury and is no longer able to return to work.

Personal injury law is the means by which an individual who liable is established, as well as what the liable person is obligated to pay for the damage that was caused. If your injury was caused by the negligent or intentional act of another individual, it is imperative that you consult with a personal injury lawyer as soon as possible to discuss your case. 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 in need of legal assistance in Queens or in any part of New York, contact Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. today at (212)-354-6800 for a free case evaluation.Ourtoll free number is (800)-EX-JUDGE, and you may also submit your query through our online questionnaire.