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What Does an Injury Attorney Do? Injury lawyers assist clients in navigating the legal jargon and paperwork that are often associated with personal injuries. Your lawyer will take photos of the accident scene, collect your medical records, and speak with witnesses and experts. The law allows you to be compensated for losses incurred in the form of economic loss as well as pain and suffering, and other damages. Being quick to act is essential. Intentional Torts Intentional torts are those that involve someone's deliberate actions in order to harm someone else. They are the equivalent in civil law to crimes like assault and robbery. As an injury lawyer you can assist those who have been victims of intentional torts to seek the financial compensation they deserve for their damages and injuries. Settlements for intentional torts are based on two kinds of damages. The one is referred to as economic damages, which are used to cover costs and expenses like medical bills, property damage, lost income and more. Non-economic damages refer to tangible losses, like pain and discomfort or discomfort, loss of enjoyment living, disability, disfigurement and more. Punitive damages may be awarded in some intentional torts to punish the perpetrator or deter future wrongdoing. As you can see, it's crucial that your injury attorney be aware of the various kinds of intentional torts. To win the court your lawyer needs to establish that the defendant intended to cause the harm you suffered. This can be difficult as many intentional torts are committed in the heat of the moment. Battery is a great example of a tort that is deliberate. It covers a wide range of offensive contact. Assault happens when someone aims a weapon at you or threatens you with punches. If the person who is threatening you is able to drive into your vehicle it is likely to be considered an accident, and not a deliberate offense. You may be able to claim both negligence and intentional tort, based on the circumstances. If someone is driving recklessly and the result is injury, they could be held responsible for negligence, but not for intentional tort since it was not their intention to cause the accident. If a driver deliberately struck your vehicle in order to cause harm to you, it would be an intentional tort and they would be required to compensate you. Your lawyer will help you navigate the legal process. Intentional torts often come with criminal charges. Statute of limitations A statute of limitation is a legal requirement that limits the time you have to file a lawsuit for an injury. It is often compared with 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 bring a lawsuit. The court will dismiss the case if the statute of limitations has expired. This is a way to prevent people from filing unwarranted claims and to protect the parties at fault 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 to file a lawsuit for personal injury or product liability. However, certain kinds of cases have a different statute of limitations, such as medical malpractice lawsuits, which have a shorter timeframe. Additionally, the statutory timeline may be extended or “tolled” in certain instances according to the circumstances. If you're injured by an unprofessional healthcare provider, for instance the statute of limitations clock will not begin until either you are aware of your injuries or the doctor has a reasonable expectation that they will be discovered. This is called the discovery rule and is an common exception to the statute of limitations. A minor can also be a exception. In certain cases, the statute of limitation will not begin until a minor attains a certain age. It is crucial to remember that if you fail to act within the specified timeframe you could lose your right to sue for injury. You Tube is why it is imperative to consult with an injury lawyer immediately after the incident and determine the amount of time you have left. Then, it is best to begin the process of submitting an action before the deadline has passed. In some instances, if you wait too long, the evidence supporting your case could become outdated and difficult to prove. If you submit your claim too late, the insurance company and the party at fault will not take it seriously. Liability Analysis Your injury attorney will perform an extensive analysis of responsibility after gathering all the facts and evidence. This includes analyzing the law, statutes, case law, and legal precedents. In addition, they will examine the circumstances of the accident and injuries to determine an appropriate basis to pursue the claim against the responsible parties. Personal injury attorneys spend more time evaluating complex or unusual accidents and unique legal theories that require a thorough analysis. It is crucial to understand that market share liability is only applied in very limited circumstances and does not correctly allocate costs of injury between producers whose products have caused injury. In the case of personal injury claims that seek traditional tort damages or public nuisance claims seeking some form of abatement, the application of market share liability in these situations acts as a tax on one set of consumers to pay for insurance on a different group of consumers' behalf and reduces social welfare. This is because the idea that tort law offers some form of insurance through risk spreading (either as tort damages or public nuisance abatement) is not true. Case Preparation The preparation for a trial takes time and money. It involves collecting medical records, auto mechanic invoices along with police reports, photographs and video recordings, as well as any other evidence that can back your claim. The process can be stressful and a good injury attorney will help you understand what you can expect from the other side of the table. Your lawyer will also require you to become an open book, and this could be a challenge for some clients who value privacy. Making a convincing case for full compensation is time consuming and expensive. Your lawyer will have to employ 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 demonstrate how your injury affected your life and your potential earnings. These experts can be costly and are likely to be required to testify in court. Your attorney will prepare an written demand package which will recount your story, describing the injuries you sustained. It will also present evidence of how your injuries have affected you. This will include a monetary demand for all medical expenses and lost wages as well as a the potential loss of earnings in the future. It will also pay for your suffering and pain as well as any other economic or noneconomic expenses. Remember that the lawyers and investigators from the opposing side will be watching closely your actions. Your behavior should be respectful and professional. Any inappropriate comments or actions could be used against you in court. It is crucial to adhere to the advice of your doctor and legal team.