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What Does an Injury Attorney Do? Injury attorneys help clients navigate the legal terminology and paperwork typically involved in personal injury cases. Your lawyer will take photos of the scene of the accident, gather your medical records, and interview witnesses and experts. The law allows you to receive compensation for economic losses or pain and suffering as well as other damages. Acting quickly is key. Intentional Torts As the name suggests, intentional torts involve a person's deliberate acts to harm one another. They are the equivalent in civil law to crimes like assault and robbery. As an injury attorney, you can help a victim of an intentional tort to seek financial compensation for their injuries and damage. Intentional tort settlements are based on two kinds of damages. The first is known as economic damages that are used to cover costs and expenses like medical bills, property damages, lost income and many more. Non-economic damages include intangible losses, such as pain and discomfort, loss of enjoyment of living disabilities, disfigurement, disability and more. Certain intentional torts could be punitive in nature, which is designed to punish the offender and discourage future wrongdoing. As you can see from the above, it is important that your injury lawyer be aware of the different types intentional torts. To be successful in the court your lawyer must be able to prove that the defendant actually intended to cause the damage you sustained. This can be difficult as many intentional torts are committed in the midst of the moment. An excellent example of an intentional tort is battery, which includes various types of arousing contact with someone else. Assault happens when someone aims an object at you or threatens to hit you with a punch. However, if that person also hits your vehicle with their car then it's likely be viewed as an accident, not an intentional act of violence. You might have a claim for both negligence and an intentional tort, based on the circumstances. If someone drives recklessly, and the result is harm, they could be held responsible for negligence, but not necessarily for intentional tort since it was not their intention to cause the accident. If the driver intentionally struck your vehicle to cause harm to you, this would be an intentional tort, and they would have to compensate you. Your lawyer will guide you through the legal procedure. Intentional torts often come with criminal charges. Statute of Limitations A statute of limitation is a legal rule which sets the deadline for when you are able to file suit for an injury. It is often compared with the clock that starts at a certain time, is delayed or paused until it expires. A statute of limitations expires when you cannot bring a lawsuit. The court will 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 different. In New York City you have three years in general to file a lawsuit in the event of personal injury or product liability. Certain types of cases, such as medical malpractice suits have a different time limit. In addition, the statute of limitations can also be extended or “tolled” in certain circumstances according to the circumstances. If you are injured by an unprofessional healthcare provider, for instance the time limit for a statute of limitations does not start until you discover your injuries, or the doctor has a reasonable expectation they will be discovered. This is referred to as the discovery rule, and it's a common exception. Another exception is when the person is a minor, and in some cases the statute of limitations may not begin running until they reach a particular age. The most important thing to keep in mind is that in the event that the statute of limitations runs out, you will no longer be allowed to file a claim for your injury. This is the reason it is crucial to speak with an injury lawyer as soon as you can after the incident to determine how long you have left. It is best to start a lawsuit immediately following the incident. In certain situations the delay of waiting too long may cause evidence to become outdated, making it more difficult to prove. If you file your claim too late the insurance company and the person responsible for the mistake will not take it seriously. Liability Analysis If your lawyer for injury collects all the relevant information and evidence in a case they perform a thorough liability analysis. This will include a review of the laws, statutes and the case law. In addition, they will also examine the incident's circumstances and injuries to provide an appropriate basis to pursue the claim against the parties responsible. Personal injury lawyers take more time to analyze difficult or unusual accident scenarios and unique legal theories that require a thorough analysis. It is crucial to recognize that market share liability can only be applied in very limited circumstances and cannot properly allocate costs of injury between producers whose products have caused injuries. It doesn't matter if it's in the context of personal injury lawsuits that seek traditional tort damages or public nuisance claims seeking some kind of abatement, the application of market share liability in these cases is a form of taxation that requires one group of consumers to pay for insurance on a different group of consumers' behalf. This reduces social benefits. This is because it's not an absolute fact that tort law provides some form of insurance by spreading risk (either through tort damages or public nuisance abatement). Case Preparation The preparation for a trial takes time and resources. It involves gathering medical documents and auto mechanic invoices, police reports, videos and photos and any other evidence that can prove your claim. The process can be a stressful one and a good injury attorney will be able to help you prepare for what to expect from the other side of the table. Your lawyer might also require you to sign an open book. This isn't easy for clients who are sensitive to privacy. It's expensive and time-consuming to construct an effective case for full compensation. Your lawyer will need to hire experts in fields that are outside the normal practice of his or her practice, for instance, a doctor who can provide a reason for why your injury could require further surgery or an economist who can show how much your injury has impacted your life and potential earnings. These experts can be expensive and will likely have to appear in the courtroom. Your lawyer will draft a written demand package which will detail your story, detailing the injuries you sustained. It will also include evidence on how your injuries have affected your life. This will include a monetary demand for all of your medical bills as well as the potential loss of earnings in the future. This will compensate you for your pain, suffering as well as any other economic or non-economic losses. It is important to remember that you will be subjected to a heightened scrutiny by the lawyers of the other side and investigators. Your conduct must be professional and respectful. YouTube or remarks could be used against you in court. It is important to follow the advice of your doctor and legal team.