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What Does an Injury Attorney Do? An injury lawyer can help clients navigate complex legal procedures as well as medical and insurance jargon, and mounds of paperwork that usually accompany personal injury cases. Your lawyer will take photos of the scene of the accident, gather your medical records, and talk to witnesses and experts. Following an accident The law permits you to receive compensation for your economic losses as well as pain and suffering. It is crucial to act fast. Intentional Torts Intentional torts are the result of deliberate actions by a person to harm another. They are the civil equivalent of crimes like assault and robbery. As an injury lawyer, you can help those who have been victims of intentional torts in seeking the financial compensation they deserve for their damages and injuries. Settlements for intentional torts are based on two types of damages. The first is known as economic damages, which include costs and expenses such as medical bills, property damage, lost income, and more. The other category is non-economic damage which encompasses intangible losses such as pain and suffering as well as loss of enjoyment life and disability, disfigurement and many more. Certain intentional torts could include punitive damages that are designed to punish the offender and deter future wrongdoing. As you will see, it's essential that your lawyer for injury be aware of the various types of intentional torts. In order to win a case your lawyer needs to prove that the defendant actually intended to cause the harm you sustained. This can be a challenge as many intentional torts are committed in the heat of the moment. An excellent example of an intentional tort is battery, which covers different types of arousing contact with an individual. Assault happens when someone aims a weapon at you or threatens to hit you with a punch. But if the person also hits your vehicle with their car then it's likely be viewed as an accident, not an intentional act of violence. You could be able to file a claim for both negligence and an 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 for negligence, but not for an intentional tort because it was not their intention to cause an accident. If the driver deliberately hit your vehicle to harm you, it is an intentional tort, and they would have to compensate you. Your attorney will guide you through the legal process. Intentional torts often come with criminal charges. Statute of limitations A statute of limitations is a legal rule that restricts the time you can pursue a lawsuit for an injury. YouTube is often compared to a clock which starts, can be delayed or paused until it expires. When a statute of limitations expires, you can no longer file a claim and the case will be dismissed by the court. This is a method to prevent people from filing unwarranted claims and prevent at-fault parties from being sued for negligence too late. Each state has its own statute of limitations and each 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, like medical malpractice lawsuits, have different deadlines. In certain situations the deadline for statutory claims can be extended or “tolled”. In the case of a person who is injured due to a negligent health care provider, the timer on the statute of limitations does not begin until you are aware of your injuries or that the doctor could reasonably have discovered the injuries. This is called the discovery rule and is an often-used exception to the statute of limitations. Another exception is when the person is a minor and in certain cases, the statute of limitations might not begin to run until they reach a specific age. It is important to remember that if you fail to act within the specified timeframe you could lose your right to pursue a claim for injury. This is why it is essential to consult with an injury lawyer as soon as possible after the incident to find out how much time you have left. It is then advisable to begin the process of submitting lawsuits before the deadline expires. In some instances when you are waiting too long, the evidence in your case can become stale and difficult to prove. If you make your claim too late, the insurance company and the person who is at fault will be less likely take it seriously. Liability Analysis When your lawyer gathers all the relevant facts and evidence in a case they perform a thorough liability analysis. This will involve a study of the law, statutes and case law. They will also analyze the incident and injuries in order to establish the legal basis for filing a claim against the party responsible. It is generally more time-consuming for a personal injury lawyer to analyze complex or unusual accident situations and unique legal theories that require an in-depth analysis than for a simple auto accident. It is important to realize that market share liability is only applied in very limited circumstances and cannot properly allocate costs of injury between manufacturers whose products cause injuries. Market share liability is a tax on one group of consumers who are paying for insurance on behalf of a different group of consumers. This reduces social welfare. This is because it isn't true that tort law offers some kind of insurance spreading risk (either through tort damages or public nuisance abatement). Case Preparation The preparation of a case for trial takes time and money. It involves collecting medical records and auto mechanic invoices along with police reports, videos and photos as well as any other evidence that will prove your claim. A skilled injury lawyer will prepare you to deal with the pressure of the process. Your lawyer may also ask you to open your book. This isn't easy for clients who are sensitive to privacy. It's costly and time-consuming to construct an argument that is strong enough to win compensation. Your lawyer will need to hire experts who are outside of their normal practice. For instance doctors can explain why you might require a future procedure, or an economist can show how your injury has affected your life and the earning potential. These experts can be costly, and they will likely have to testify in court. Your attorney will prepare a written demand package which will recount your story, describing your injuries. It will also present evidence of how your injuries have affected you. This will include a financial demand for all of your medical expenses as well as future loss of earning potential. This will pay for your suffering, pain and any other economic and noneconomic loss. It is important to remember that you will be subject to a lot of scrutiny by the other party's lawyers and investigators. Your conduct should be professional and respectful. Any inappropriate comments or actions can be used against you in court. It is essential to adhere to the advice of your doctor and legal team.