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    Nassau County Personal Injury

Nassau County Personal Injury

When an individual is physically or emotionally injured, or their personal property is damaged, this is deemed by the law to be a “Personal Injury”. In cases involving personal injury, the injured party has legal rights to demand for compensation for the damages caused by someone else’s negligence, or intentional actions.

Personal injury law is also referred to as “tort” law. The Federal government and the States have ratified tort laws for the protection of your rights. Tort actions have three elements. First, there must 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.

There are laws that exist to protect every individual as well as their possessions from harm or injury. When someone has caused harm on another person or to his belongings, he becomes liable to answer to the tort laws governing the situation.

There are two possible causes of liability – negligence or intentional acts. Negligence pertains to an individual’s failure to take proper action which results to another person’s injury. On the other hand, an intentional act refers to a deliberate act to cause harm or injury on another individual. If a careless driver runs into your car, for instance, this is considered a negligent act. The act was not premeditated but it resulted to an injury because of 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.

Another form of tort law, “strict liability”, implies that there is accountability whether or not negligence was involved. This usually applies to situations which are abnormally or inherently dangerous. This concept also applies in the area of product liability. There is a legal responsibility for manufacturers to ensure their product’s safety when used as directed. If their product causes an individual’s injury, there is no need to prove negligence or intent. It is sufficient to prove that the product was defective and that there was harm done.

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

Personal injury law is the mechanism necessary to establish 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 believe that your injury was caused by the negligence or intentional act of another individual, consult with a personal injury attorney 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 Nassau County, call Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. today at (212)-354-6800. Our toll free number is (800)-EX-JUDGE. You may also submit an online questionnaire. Our firm offers a free case evaluation. If you need guidance in understanding your legal rights and in obtaining the compensation you are entitled to, our firm is here to help.