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    Bronx Personal Injury

Bronx Personal Injury

“Personal Injury” pertains to the physical or emotional injury, or damage of personal property caused by intentional or negligent acts. There are laws that exist to protect individuals as well as their possessions from harm or injury, giving the injured party legal rights to demand compensation for the damages incurred.

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

Liability may be due to negligence or intentional acts. Negligence refers to an individual’s failure to take proper action thereby causing another person’s injury. An intentional act, on the other hand, pertains to a deliberate act to inflict harm or injury on another individual. For instance, when a careless driver runs into your car, this is considered a negligent act. However, if an angry person purposely ran into your car, this is deemed as an intentional act.

In the first case, although there was no intention to inflict harm, there was failure to take the appropriate action to avoid injuring another individual. In the second case, the defendant had an intention to cause harm. In both cases, though, the defendant has a legal duty to ensure that no one is harmed. This duty was breached by his negligent or intentional actions, resulting to damages to the individual and or his property.

Another form of personal injury law, called “strict liability”, implies that accountability exists whether or not negligence was involved. Generally, this applies to situations which are abnormally or inherently perilous. This concept applies in the area of product liability as well. There is a legal responsibility for manufacturers to ensure their products’ safety when these are used as directed. If a product leads to an individual’s injury, it is not necessary to prove negligence or intent, only that the product was defective and that there was harm done.

When a personal injury has occurred, the defendant becomes liable to make good the damage done. “Damages” refers to the amount of money that is obligated to you to compensate for your loss. This may be agreed upon by you and the injuring party, in the course of insurance settlements, or through other means. However, most of the time, the damages offered to the plaintiff cannot fully compensate for the loss incurred. This is particularly the case when an individual has suffered from physical injury and is no longer capable of returning to work.

Personal injury law is the legal instrument that determines who is liable and the compensation necessary for the damage that was caused. If you are a victim of personal injury, it is best that you seek guidance from a competent and professional personal injury lawyer as soon as possible, as 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 the Bronx or any part of New York, contact Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. today at (212)-354-6800 or our toll free number (800)-EX-JUDGE for a free case evaluation.You may also submit your query through our online questionnaire.