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What Does an Injury Attorney Do? Injury attorneys help clients navigate the legal terminology and paperwork typically associated with personal injuries. Your lawyer will photograph the accident scene, collect your medical records, and speak with witnesses and experts. The law allows you to receive compensation for economic losses as well as pain and suffering, and other damages. The most important thing is to act swiftly. Intentional Torts Like the name suggests intentional torts refer to a person's deliberate acts to harm another. They are the equivalent in civil law to crimes such as assault and robbery. As an injury lawyer, you can assist a victim of intentional torts in seeking financial compensation for their losses and injuries. Intentional tort settlements are based on two kinds of damages. The first type of damages is called economic damages, which covers costs and expenses like medical bills property damage, medical bills and lost income. Non-economic damages refer to intangible losses, such as discomfort and pain and loss of enjoyment of living, disability, disfigurement and more. Punitive damages are granted in certain intentional torts to punish the perpetrator or deter future wrongdoing. As you can see from the above, it's important that your injury lawyer be familiar with the different types intentional torts. Your lawyer will need to establish the defendant's intention to harm you in order to be successful in your case. This isn't easy since many intentional torts are committed in the heat of the moment. Battery is an excellent example of a crime that is intentional. It covers a wide range of offensive contact. For instance when someone points at you with a gun or crediblely threatens to punch you, it is considered assault. If that same person drives into your car, it will likely be considered an accident, and not a deliberate crime. You could be able to assert negligence as well as intentional tort depending on the circumstances. For instance, if someone drives recklessly and results in an accident that harms you, the driver could be held liable in negligence, but not for intentional tort since it wasn't their intention to cause an accident. If a driver deliberately struck your vehicle to hurt you, this would be an intentional tort, and they would have to compensate you. visit the following page can be associated with criminal charges, and your lawyer will assist you navigate the legal system. Statute of Limitations A statute of limitations is a legal requirement which limits the time you can bring a lawsuit relating to an injury. It is often similar to a clock which starts, can be delayed or paused and then eventually expires. The statute of limitations runs out when you cannot file a claim. The court will dismiss the case if the statute of limitations has expired. The law is designed to deter people from filing unwarranted lawsuits and to protect the party at fault from being sued too late for negligence. Each state has its own statutes of limitations and every case is different. For example in New York City, you generally have three years to bring a personal injury lawsuit or a product liability lawsuit. Some types of cases, such as medical malpractice suits, have a different time limit. In certain circumstances the statute of limitations can be extended or “tolled”. If you are injured by negligence of a healthcare provider, for example, the statute of limitations clock will not start until you are aware of your injuries or the doctor has a reasonable expectation they will be discovered. This is called the discovery rule, and is an often-used exception to the statute of limitations. Another exception occurs when the injured person is a minor, and in some cases the statute of limitations may not start to run until they reach a particular age. The most important thing to bear in mind is that if the statute of limitations runs out, you will no longer be legally able to file a lawsuit for your injury. It is essential to speak with an attorney for personal injuries immediately after the incident as you can to determine the amount of time you have. It is then advisable to begin the process of filing a lawsuit before the deadline expires. In some cases, if you wait too long, the evidence for your case could become outdated and difficult to prove. In addition, the at-fault party and their insurance company are less likely to consider your claim seriously if it's filed too late. Liability Analysis Your lawyer will conduct a thorough analysis of liability after gathering all facts and evidence. This includes a thorough study of the laws, statutes and the case law. In addition, they'll examine the circumstances of the accident and injuries to determine a valid rationale to pursue the lawsuit against the responsible parties. Personal injury lawyers spend more time evaluating difficult or unusual accident scenarios and unique legal theories which require a thorough analysis. It is important to understand that there are very few instances where market share liability can be used to allocate the costs of injury to the manufacturers who's products cause the injury. In the context of personal injury claims seeking traditional tort damages, or public nuisance claims requesting a form of abatement, the application of market share liability in these cases is a form of taxation that requires one set of consumers in order to pay for insurance on a different group of consumers' behalf and diminishes social welfare. This is due to the fact that tort law can provide a form of insurance through risk spreading (either as tort damages or public nuisance abatement) is not true. Case Preparation Preparing for a trial requires time and resources. It requires collecting medical documents as well as invoices for auto repairs, police reports and photographs and other evidence to back up your claim. The process is stressful, and a good injury attorney will prepare you for what to expect from the other side of the table. Your lawyer might also ask you to open your book. This can be a challenge for clients who are sensitive to privacy. It is expensive and time-consuming to construct a strong case for full compensation. Your lawyer will need to engage experts in areas that are not within the normal scope of his or her practice, such as a doctor who can provide a reason for why your injury could require further surgery or an economist who can demonstrate how your injury impacted your life and ability to earn. These experts are expensive and are likely to be required to testify in the court. Your lawyer will draft an written demand document that will tell your story by describing your injuries and presenting the evidence of how your injuries affected your life. This includes a monetary demand for all of your medical bills as well as future loss of earning potential. This will pay for your pain, suffering as well as any other economic or noneconomic loss. It is important to remember that you will be subject to a heightened scrutiny by the lawyers of the other party and investigators. Your behavior should be respectful and professional. Any inappropriate comments or actions can be used against you in court. It is essential to follow the advice of your physician and legal team.