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What Does an Injury Attorney Do? An injury lawyer can help clients navigate complex legal procedures, medical and insurance jargon and piles of paperwork that are often associated with personal injury cases. Your lawyer will photograph the scene of the accident, gather your medical records, and interview witnesses and experts. After an injury After an accident, the law permits you to receive compensation for the economic loss and pain and suffering. The most important thing is to act swiftly. Intentional Torts As the name implies intentional torts are person's deliberate actions that cause harm to another. They are the equivalent in civil law to crimes such as assault and robbery. As an injury lawyer, you can assist those who have been victims of intentional torts in seeking financial compensation for their losses and injuries. Settlements for intentional torts are based upon two types of damages. The first type is called economic damages, which cover costs and expenses such as medical bills as well as property damage and lost income. The other category is non-economic damage which encompasses intangible losses, such as pain and suffering and loss of enjoyment of life, disability, disfigurement, and more. Punitive damages may be awarded in certain intentional torts to punish the perpetrator or to deter future wrongful conduct. As you will see, it's essential that your injury attorney be aware of the various kinds of intentional torts. Your lawyer will need to prove the defendant's intent to hurt you to win your case. This can be difficult as many intentional torts are committed in the heat of the moment. A good example of an intentional tort is battery, which covers various types of offensive contact with someone else. For instance If someone shoots at you with a gun or seriously threatens to punch you, it is regarded as an assault. If, however, that same person rams into your vehicle with their car, it's likely going be viewed as an accident and not a deliberate act of violence. You may be able to claim for both negligence and an intentional tort, depending on the circumstances. If someone is reckless when driving, and the crash causes you harm, they may be held responsible for negligence, but not for intentional tort, since it was not their intention to cause the accident. If, however, the driver intentionally hit your vehicle with their car to inflict harm on you, it would be an intentional tort and they would be held accountable for compensation. Your attorney will help you navigate the legal process. Intentional torts are often associated with criminal charges. Statute of Limitations A statute of limitations is a legal rule which sets the deadline for when you are able to file a lawsuit for an injury. It is often compared to a clock which starts, can be delayed or stopped, and then expires. The statute of limitations runs out when you cannot file a claim. The court will decide to dismiss the case if the statute has expired. This is a method for the law to discourage people from filing unwarranted claims and prevent at-fault parties from being sued for negligence that is too late. Each state has its own statutes of limitation and each case is unique. For instance in New York City, you generally have three years to bring a personal injury lawsuit or a product liability lawsuit. Certain types of cases such as medical malpractice suits are subject to different deadlines. In certain circumstances, the statutory deadline may be extended or “tolled”. If you're injured due to an unprofessional healthcare provider, for instance the statute of limitations clock does not begin until you find out about your injuries, or the doctor has a reasonable expectation that they will be discovered. This is known as the discovery rule and is an often-used exception to the statute of limitations. A minor can also be an exception. In certain cases the statute of limitations will not begin until a minor attains an age. It is important to keep in mind that if you fail to act within the time frame you could lose the right to sue for an injury. It is essential to speak with an attorney who specializes in personal injury as soon as possible to find out the remaining time you have. It is then advisable to start the process of filing lawsuits before the deadline expires. In certain situations the delay of waiting too long may cause evidence to become outdated, making it more difficult to prove. Additionally, the at-fault party and their insurance company are 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 conduct a thorough analysis. This will include a review of the law, statutes, and case law. Additionally, You Tube will also examine the incident's circumstances and injuries to provide an appropriate basis for pursuing the claim against the parties responsible. It's generally more time-consuming for a personal injury attorney to evaluate complicated or rare accident scenarios and unique legal theories that require a thorough analysis than a simple auto accident. It is important to understand that there are only a handful of situations where market share liability can be used to allocate the costs of injury among manufacturers whose products caused the injury. It doesn't matter if it's in the case of personal injury claims seeking traditional tort damages or public nuisance claims requesting a kind of abatement, the application of market share liability in these cases serves as taxation on one set of consumers in order to cover insurance on a different set of consumers' behalf. This diminishes social welfare. This is because it's not the case that tort law provides some kind of insurance spreading risk (either through tort damages or public nuisance abatement). Case Preparation The preparation for a trial takes time and money. It requires the collection of medical records as well as auto mechanic invoices along with police reports, photographs and video recordings, as well as any other evidence to back your claim. A skilled lawyer for injuries will help you to handle the pressure of the process. Your lawyer will also ask you to become an open book, and this may be difficult for some clients who value their privacy. It is expensive and time-consuming to construct an argument that is strong enough to win compensation. Your lawyer will have to hire experts who aren't part of their normal work. For example doctors can explain why you may need future surgery or an economist can show how your injury has impacted your life and earning potential. These experts can be expensive, and they will likely have to testify in the courtroom. Your attorney will prepare a written demand package that will tell your story through explaining your injuries and providing the evidence of how your injuries affected your life. This will include a monetary claim for all medical expenses, lost wages, and future loss of earning capacity. This will cover your suffering, pain and any other economic and non-economic losses. Remember that the investigators and lawyers from the opposing side will be closely watching your actions. Your behavior should be professional and respectful. Any inappropriate behavior or remarks can be used against you in court. It is important to follow the advice of your physician and legal team.