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What Does an Injury Attorney Do? An injury attorney helps clients navigate complex legal procedures as well as medical and insurance jargon and piles of paperwork that are often associated with personal injury cases. Your lawyer will take photos of the scene of the accident, collect your medical records, and interview witnesses and experts. Following an accident After an accident, the law permits you to claim compensation for your economic losses and suffering. It is crucial to act quickly. Intentional Torts Intentional torts are those that are the result of deliberate actions by a person in order to harm one another. They are the equivalent in civil law to crimes like assault and robbery. As an injury lawyer you can aid those who have been victims of intentional torts by obtaining financial compensation for their losses and injuries. Settlements for intentional torts are based on two kinds of damages. The first is referred to as economic damages which are used to cover costs and expenses such as medical bills, property damage, lost income and more. Non-economic damages are those that result from intangible losses like discomfort and pain and loss of enjoyment of living, disability, disfigurement and more. Punitive damages can be granted in certain intentional torts to punish the perpetrator or deter future wrongdoing. As you can see, it is essential that your attorney for injury be well-versed in the different kinds of intentional torts. In order to win a case your lawyer needs to prove that the defendant actually intended to cause the damage you suffered. This can be a challenge as many intentional torts are committed in the midst of the moment. A good example of an intentional tort is battery, which covers various forms of offensive contact with another person. For instance when someone shoots at you with a gun or crediblely threatens to punch you, it is considered to be an act of assault. If the person who is threatening you drives into your car, it will likely be considered an accident and not a deliberate crime. You could be able to file a claim for both negligence and an intentional tort, based on the circumstances. If someone is driving recklessly and the accident causes you 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 deliberately hit your vehicle to hurt you, this is an intentional tort and they would be required to compensate you. Intentional torts are usually accompanied by criminal charges, and your lawyer will assist you navigate the legal process. Statute of limitations A statute of limitation is a legal requirement that restricts the time that you have to file suit for an injury. It is often compared to the clock that starts and then is delayed or stopped, and then expires. When a statute of limitations expires it is no longer possible to make a claim and the case will be dismissed by the court. This is a way for the law to discourage people from filing claims without a valid reason and protect at-fault parties from being sued for negligence that is too late. Each state sets its own statute of limitations and there are a variety of nuances that vary between cases. In New York City you have three years generally to file a lawsuit if you are claiming personal injury or product liability. Certain types of cases like medical malpractice lawsuits, have a different time limit. Additionally, the statutory timeline can also be extended or “tolled” in certain circumstances depending on the circumstances. If you're injured due to negligence of a healthcare provider, for example the time limit for a statute of limitations does 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 is a common exception to the statute of limitations. Another exception occurs when the injured person is a minor, and in some cases the statute of limitations might not begin to run until they reach a specific age. The most important thing to keep in mind is that when the statute of limitations expires, you will no longer be able to file a lawsuit for your injury. It is crucial to speak with an attorney who specializes in personal injury immediately after the incident as possible to find out the amount of time you have. Then, it is best to begin the process of filing lawsuits before the deadline passes. In some instances when you delay too long, the evidence supporting your case may become outdated and difficult to prove. If you submit your claim too late the insurance company and the person who is at fault will be less likely consider it a serious matter. YouTube When your injury attorney gathers all the relevant facts and evidence in a case, they conduct a thorough liability analysis. This includes analyzing the statutes, laws as well as case law and legal precedents. In addition, they'll also analyze the accident circumstances and injuries to determine a valid rationale to pursue the lawsuit against the responsible parties. 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 understand that market share liability can only be applied in very limited circumstances and cannot properly assign the cost of injury to producers whose products have caused injury. 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 the idea that tort law provides some kind of insurance through risk spreading (either as tort damages or public nuisance abatement) is unfounded. Case Preparation Preparing for a trial requires time and money. It requires the collection of medical records as well as auto mechanic invoices, police reports, videos and photographs, as well as any other evidence to support your claim. A good lawyer for injuries will help you for the stress of the case. Your lawyer will also require you to open your book, which can be difficult for some clients who value their privacy. It is expensive and time-consuming to construct 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 can explain why you may need future surgery or an economist could explain how your injury has affected your life and the ability to earn. These experts can be expensive and will likely have to be a witness in court. Your attorney will prepare a written demand package which will tell your story through describing your injuries and presenting the evidence of how your injuries affected your life. This will include the monetary value of all of your medical expenses, lost wages and the loss of future earning capacity. This will compensate you for your pain, suffering as well as any other economic or noneconomic expenses. Be aware that the lawyers and investigators of the other side will be closely scrutinizing your actions. Your behavior should be respectful and professional. Any inappropriate behavior or remarks could be used against you in court, and it is crucial to adhere to the advice of your doctor and legal team.