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What Does an Injury Attorney Do? Injury lawyers assist clients in navigating the legal terminology and paperwork frequently associated with personal injuries. Your lawyer will take photos of the accident scene, collect your medical records, and interview witnesses and experts. Following an accident, the law allows you to claim compensation for your economic losses and pain and suffering. The most important thing is to act quickly. Intentional Torts Intentional torts are those that involve deliberate acts by someone to harm another. They are the civil equivalent to crimes such as assault and robbery. As an injury attorney, you can help victims of an intentional tort seek financial compensation for their injuries and damage. Settlements for intentional torts are based upon two types of damages. The first is referred to as economic damages, which include costs and expenses such as medical bills property damage, lost income, and many more. The other category is non-economic damage which include intangible losses, such as suffering and suffering, loss of enjoyment of life disabilities, disfigurement, and more. Punitive damages may be awarded in some intentional torts to punish the perpetrator or deter future wrongdoing. As you can see from the above, it is essential that your injury lawyer be familiar with the different kinds of intentional torts. To win a case your lawyer must be able to prove that the defendant actually intended to cause the harm you suffered. This can be a challenge because many intentional torts occur in the heat of a moment. A good example of an intentional tort is battery, which encompasses various forms of offensive contact with someone else. For instance If someone points at you with a gun, or crediblely threatens to punch you, this is regarded as an assault. If that same person is able to drive into your vehicle it is likely to be considered an accident, and not a crime committed with intent. You could be able to file a claim for negligence as well as an intentional tort, based on the circumstances. If someone is driving recklessly and the result is injury, they could be held liable for negligence, but not intentional tort since it was not their intention to cause the accident. If the driver intentionally struck your vehicle to harm you, this would be an intentional tort and they would be required to compensate you. Your attorney will guide you through the legal procedure. Intentional torts usually come with criminal charges. Statute of Limitations A statute of limitations is a legal rule which limits the time you have to file a lawsuit over an injury. It is often compared to a clock that begins and then is delayed or stopped, and then expires. When the statute of limitations runs out it is no longer possible to file a claim and the case will be dismissed by the court. This is a method to deter people from filing claims without a valid reason and protect at-fault parties from being sued for negligence too late. Each state has its own statute of limitations rules and there are a myriad of variations that vary between cases. For example, in New York City, you generally have three years to start a personal injury or a product liability suit. Certain types of cases such as medical malpractice suits are subject to different deadlines. In certain situations the deadline for statutory claims may be extended or “tolled”. For instance, if someone is injured by a negligent health healthcare provider, the clock on the statute of limitations does not begin until you are aware of your injuries or the doctor should have reasonably discovered the injuries. This is referred to as the discovery rule and it is a common exception. You Tube can also be a exception. In some instances the statute of limitations may not begin until the minor is of a certain age. The most important thing to remember is that if the statute of limitations expires at the end of the year, you will not be able to file a lawsuit for your injury. This is why it is essential to consult with an injury lawyer as soon as you can after the incident to determine how long you have left. It is best to file a lawsuit as soon as possible after the incident. In some instances when you are waiting too long, the evidence for your case may become outdated and difficult to prove. In addition the at-fault party and their insurance company will be less likely to take your claim seriously if it is filed too late. Liability Analysis When your injury attorney collects all the relevant information and evidence in a case, they perform a thorough liability analysis. This will include reviewing the law, statutes, case law, and legal precedents. In addition, they'll also analyze the accident circumstances and injuries to determine a valid rationale to pursue the claim against the parties responsible. Personal injury attorneys spend more time evaluating complex or unusual accidents and unique legal theories which require a thorough analysis. It is crucial to recognize that market share liability can only be applied in very limited circumstances and cannot properly assign the cost of injury to manufacturers whose products cause injury. In the context of personal injury lawsuits seeking traditional tort damages or public nuisance claims seeking a type of abatement, application of market share liability in these cases serves as taxation on one group of consumers to cover insurance on a different set of consumers' behalf. It also reduces social welfare. This is because it's not true that tort law offers an insurance policy by spreading risk (either through tort damages or public nuisance abatement). Case Preparation Preparing for a trial takes time and resources. It involves collecting medical documents as well as auto mechanic invoices along with police reports, videos and photos as well as any other evidence that can support your claim. A good injury lawyer will prepare you for the pressure of the process. Your lawyer might also ask you to be an open book. This can be difficult for clients who are sensitive to privacy. It's expensive and time-consuming to build an effective case for full compensation. Your lawyer will need to hire experts in fields that are outside the normal scope of their practice, such as a doctor who can explain the reason your injury could require further surgery, or an economist who can prove how your injury has affected your life and your ability to earn. These experts can be expensive and will most likely have to testify in court. Your attorney will prepare an written demand document that will detail your story, describing the injuries you sustained. It will also provide evidence of how your injuries have affected you. This will include a monetary claim for all medical expenses, lost wages and the loss of future earning capacity. It will also provide for your pain and suffering and any other economic or non-economic losses. It is crucial to keep in mind that you will be subjected to a heightened scrutiny by the lawyers of the other side and investigators. Your behavior should be professional and respectful. In court, any inappropriate comments or actions will be a source of criticism against you. It is essential to follow the advice from your doctor and your legal team.