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What Does an Injury Attorney Do? Injury attorneys help clients navigate the legal terminology and paperwork often involved in personal injuries. Your lawyer will take photos of the scene of your accident and gather medical records, interview witnesses and experts. The law permits you to be compensated for economic losses as well as pain and suffering, and other damages. It is crucial to act fast. Intentional Torts Intentional torts are those that involve deliberate acts by someone in order to harm another. They are the civil equivalent to crimes like assault and robbery. As an injury lawyer, you can aid a victim of intentional torts to seek financial compensation for their damages and injuries. Intentional tort settlements are based on two kinds of damages. The first type is known as economic damages which covers expenses and costs such as medical bills, property damage and lost income. Non-economic damages are those that result from intangible losses like discomfort and pain, loss of enjoyment of living, disability, disfigurement and more. Punitive damages are granted in certain intentional torts to punish the perpetrator or discourage future wrongful conduct. As you can see, it is essential that your lawyer for injury be aware of the various types of intentional torts. Your lawyer must establish the defendant's intention to hurt you in order to prevail in your case. This isn't easy since many intentional torts are committed in the midst of the moment. Battery is a good example of a crime that is intentional. It covers a wide range of offensive contact. For instance If someone shoots at you with a gun or seriously threatens to punch you, this is considered assault. If that same person crashes into your car it is likely to be considered an accident, and not a deliberate offense. You could be able to assert negligence as well as intentional tort depending on the circumstances. For instance, if a person drives recklessly and results in an accident that harms you, the driver could be held liable in negligence, but not for an intentional tort since it wasn't their intention to cause an accident. If the driver intentionally struck your vehicle to cause harm to you, this is an intentional tort and they would be required to compensate you. Your attorney will guide you through the legal process. 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 suit against an injury. It is often compared to a clock that begins at a certain time, is delayed or stopped, and then expires. A statute of limitations expires when you are no longer able to file a claim. The court will dismiss the case if the statute has expired. The law is designed to discourage people from filing unjustified lawsuits and to protect the person at fault from being sued later for negligence. Each state has its own statute of limitations, and each case is unique. In New York City you have three years generally to file a lawsuit if you are claiming personal injury or product liability. However, certain types of cases have different statutes of limitations, such as medical malpractice lawsuits that have a shorter time frame. In certain situations the statute of limitations can be extended or “tolled”. For instance, if a person is injured by a negligent health healthcare provider, the clock on the statute of limitations doesn't begin until you are aware of your injuries or the doctor should have reasonably discovered the injuries. This is known as the discovery rule, and it is a frequent exception. Minors may also be an exception. In some cases, the statute of limitation will not begin until a minor attains an age. It is crucial to remember that if you fail to act within the specified timeframe you could lose the right to sue for an injury. It is crucial to speak with a personal injury attorney as soon as possible to find out how much remaining time you have. It is then advisable to begin the process of filing an action before the deadline expires. In some cases when you delay too long, the evidence for your case can become stale and difficult to prove. If you make your claim too late the insurance company as well as the person responsible for the mistake are less likely to to take it seriously. Liability Analysis When your injury attorney collects all the relevant information and evidence in a case they perform a thorough liability analysis. This includes analyzing the statutes, laws as well as case law and legal precedents. They will also look at the injuries and accident in order to establish a valid reason for pursuing claims against the responsible party. It can take longer for a personal injury attorney to analyze complex or unusual accident scenarios and unique legal theories that require an in-depth analysis than a simple auto accident. It is important to realize that market share liability is only applied in a limited amount of circumstances and cannot properly assign the cost of injury to manufacturers whose products caused injury. In the context of personal injury lawsuits that seek traditional tort damages or public nuisance claims seeking a type of abatement, application of market share liability in these situations is a form of taxation that requires one set of consumers in order to cover insurance on a different set of consumers' behalf. It also diminishes social welfare. This is because it isn't an absolute fact that tort law provides some form of insurance by spreading risk (either through tort damages or public nuisance abatement). Case Preparation Preparing for a trial takes time and money. It involves gathering medical documents as well as auto mechanic invoices along with police reports, videos and photos as well as any other evidence to prove your claim. A skilled injury lawyer will prepare you for the stress of the case. Your lawyer might also require you to be an open book. This isn't easy for clients who value privacy. It's expensive and time-consuming to build an argument that is strong enough to win compensation. Your lawyer will have to employ experts that are not part of their normal work. For instance doctors will explain why you may need future surgery or an economist could explain how your injury has affected your life and your ability to earn. You Tube can be expensive and will likely have to appear in the courtroom. Your lawyer will prepare an written demand document which will tell your story by explaining your injuries and providing the evidence of how your injuries have impacted your life. This will include an amount of money to cover all of your medical expenses, lost wages and future loss of earning capacity. This will compensate you for your suffering, pain as well as any other economic or noneconomic expenses. It is important to remember that you will be subjected to a heightened scrutiny by the other party's lawyers and investigators. Your conduct must be professional and respectful. In court, any inappropriate remarks or actions could be a source of criticism against you. It is important to follow the advice from your medical professional and legal team.