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What Does an Injury Attorney Do? Lawyers for injury help clients navigate the legal jargon and paperwork that are typically associated with personal injuries. Your lawyer will photograph the accident scene, collect your medical records, and interview witnesses and experts. After an injury, the law allows you to claim compensation for the economic loss as well as pain and suffering. The most important thing is to act quickly. Intentional Torts Intentional torts involve someone's deliberate actions to harm one another. They are the equivalent of crimes such as assault and robbery. As an attorney for injury you can assist the victim of an intentional tort to seek financial compensation for their injuries and the damages. 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 damages, lost income and more. The second category is non-economic damages which include intangible losses like suffering and suffering, loss of enjoyment of life and disability, disfigurement and many more. Punitive damages may be awarded in certain intentional torts to punish the perpetrator or deter future wrongdoing. As you can see from the above, it is important that your injury lawyer be knowledgeable about the various types intentional torts. To win an instance, your lawyer will need to show that the defendant actually intended to cause the damage you suffered. This isn't easy since many intentional torts occur in the heat of a moment. YouTube is an excellent example of a tort that is intentional. It covers a wide range of offensive contact. For instance, if someone shoots a gun at you or credibly threatens to punch you, it is considered assault. If the same person crashes into your car it is likely to be viewed as an accident and not a deliberate offense. You could be able to assert negligence as well as intentional tort, based on the circumstances. For instance, if someone drives recklessly and results in an accident that harms you, the driver could be held accountable in negligence, but not for an intentional tort because it was not their intent to cause the accident. If the driver intentionally struck your vehicle to harm you, this is an intentional tort, and they would have to compensate you. Your attorney will help you navigate 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. The statute of limitations runs out when you cannot make a claim. The court will dismiss the case if the statute has expired. The law uses this to deter people from filing unwarranted lawsuits and protect the at-fault party from being sued later for negligence. Each state has its own statute of limitations rules, and there are many nuances that vary between cases. For example in New York City, you generally have three years to bring a personal injury lawsuit or a product liability lawsuit. However, some types of cases have different statutes of limitations, such as medical malpractice lawsuits, which have a shorter timeframe. In certain circumstances the statute of limitations may be extended or “tolled”. If you are injured by negligence of a healthcare provider, such as the statute of limitations clock will 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 it's a common exception. Another exception is when the injured person is a minor and in some cases the statute of limitations may not begin to run until they reach a certain age. The most important thing to remember is that in the event that the statute of limitations expires in the next year, you won't be able to file a lawsuit 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 the amount of time you have left. Then, it is recommended to start the process of filing an action before the deadline passes. In certain situations, waiting too long can cause evidence to become stale, making it difficult to prove. If you submit your claim too late the insurance company as well as the person responsible for the mistake are less likely to consider it a serious matter. Liability Analysis When your lawyer collects all the relevant information and evidence in a case, they conduct a thorough liability analysis. This includes reviewing the law, statutes as well as case law and legal precedents. In addition, they will examine the circumstances of the accident and injuries to determine an appropriate basis for pursuing the claim against the responsible parties. It's generally more time-consuming for a personal injury attorney to evaluate complicated or rare accident scenarios and unique legal theories that require an in-depth analysis than a simple auto accident. It is crucial to realize that there are only a handful of contexts in which market share liability can be used to assign the cost of injury among the companies who's products caused the injury. In the context of personal injury claims that seek traditional tort damages or public nuisance claims requesting a type of abatement, application of market share liability in these instances serves as taxation on one set of consumers in order to pay for insurance on another set of consumers' behalf and reduces social welfare. This is because it is 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 of a case for trial requires time and effort. It involves gathering medical documents as well as auto mechanic invoices along with police reports, videos and photos, as well as any other evidence that can prove your claim. The process is stressful and a good injury lawyer will be able to help you prepare for what to expect from the other side of the table. Your lawyer will also require you to sign an open book, and this may be difficult for some clients who are adamant about privacy. Building a compelling case for full compensation can be costly and time-consuming. Your lawyer will have to engage experts in areas that are not within the normal practice of his or her practice, such as an expert doctor who can explain the reason your injury may require future surgery, or an economist who can show how much your injury has affected your life and ability to earn. These experts are costly and will likely be required to testify in court. Your attorney will prepare an written demand package which will tell your story, describing the injuries you sustained. It will also present evidence on how your injuries have affected your life. This will include a monetary claim for all medical expenses, lost wages, and the loss of future earning capacity. It will also pay for the pain and suffering you endured and any other economic or noneconomic losses. It is important to remember that you will be subject to a lot of scrutiny by the lawyers of the other party and investigators. Your conduct must be respectful and professional. Any inappropriate actions or comments will be used against you in court, and it is essential to follow the advice of your physician and legal team.