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What Does an Injury Attorney Do? Injury attorneys help clients navigate the legal terminology and paperwork frequently associated with personal injury cases. Your lawyer will take photographs of the accident scene as well as gather medical records, talk to witnesses and expert witnesses. special info permits you to be compensated for financial losses, pain and suffering and other damages. The most important thing is to act quickly. Intentional Torts As the name suggests intentional torts are person's deliberate actions 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 to seek financial compensation for their damages and injuries. Settlements for intentional torts are based upon two types of damages. The first type of damages is called economic damages, which covers costs and expenses such as medical bills property damage, medical bills and lost income. Non-economic damages are those that result from intangible losses, such as discomfort and pain, loss of enjoyment of living, disability, disfigurement and more. Punitive damages are awarded in some intentional torts to punish the perpetrator or discourage future wrongdoing. As you will see, it's essential that your injury attorney be well-versed in the different types of intentional torts. To be successful in a case your lawyer must be able to show that the defendant actually intended to cause the damage you sustained. This isn't easy because many intentional torts occur in the midst of an incident. Battery is a good example of a crime that is intentional. It covers a broad range of offensive contact. Assault happens when someone aims a weapon at you or threatens you with a punch. If the same person crashes into your car, it will likely be considered an accident, and not a deliberate offense. You might have a claim for negligence as well as an intentional tort, based on the circumstances. For instance, if a person does something recklessly and results in an accident that harms you, the driver may be held responsible for negligence, but not for intentional tort because it wasn't their intention to cause an accident. However, if the driver deliberately struck your vehicle with their car in order to hurt you, it's an intentional tort and they would be held accountable for compensating you. Intentional torts can be accompanied by criminal charges, and your lawyer can help you navigate the legal system. Statute of limitations A statute of limitations is a legal requirement that limits how long you can bring a lawsuit relating to an injury. It is often compared with a clock which starts, can be delayed or stopped, and then expires. When the statute of limitations has expired, you can no longer file a claim and the case will be dismissed by the court. This is a way to deter people from filing unwarranted claims and protect at-fault parties from being sued for negligence after it is too late. 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. Some types of cases, such as medical malpractice suits have different deadlines. In certain circumstances the statute of limitations can be extended or “tolled”. For instance, if a person is injured by a negligent health care provider, the timer 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 is an common exception to the statute of limitations. Another exception is when the injured person is a minor, and in certain cases, the statute of limitations might not begin running until they reach a specific age. It is important to keep in mind that if you fail to act within the time limit you could lose your right to sue for injury. It is important to consult an attorney who specializes in personal injury as soon after the incident as you can to determine how much remaining time you have. Then, it is recommended to start the process of filing a lawsuit before the deadline passes. In certain cases, waiting too long can cause the evidence to become outdated, making it more difficult to prove. In addition the at-fault party and their insurance company are less likely to take your claim seriously if it is filed too late. 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 laws, statutes and the case law. They will also look at the injuries and accident in order to establish the legal basis for filing a claim against the party responsible. Personal injury attorneys spend more time evaluating difficult or unusual accident scenarios and unique legal theories that require an in-depth analysis. It is crucial to understand that market share liability can only be applied in very limited circumstances, and will not properly allocate costs of injury between manufacturers whose products caused injury. Market share liability is a tax on one group of consumers who are paying for insurance on behalf of another group of consumers. This affects social welfare. This is because it is not the case that tort law provides some form of insurance by spreading risk (either through tort damages or public nuisance abatement). Case Preparation The preparation for a trial takes time and money. It involves gathering medical records as well as invoices for auto repair, police reports and photographs along with other evidence to back up your claim. The process can be a stressful one and a good injury lawyer will prepare you for what you can expect from the other side of the table. Your lawyer may also ask you to become an open book, and this could be difficult for certain clients who are adamant about privacy. It's expensive and time-consuming to create a strong case for full compensation. Your lawyer will need to hire experts in fields that are not within the normal scope of their practice, like an expert doctor who can provide a reason for why your injury could require further surgery or an economist who can demonstrate how much your injury has affected your life and potential earnings. Experts in these fields can be costly and will likely have to be a witness in court. Your attorney will prepare an written demand document that tells your story by explaining your injuries and providing the evidence of how your injuries have affected your life. This includes a monetary demand for all medical expenses and lost wages as well as a future loss of earning potential. This will cover your pain, suffering and any other economic and noneconomic loss. It is crucial to keep in mind that you will be subject to intense scrutiny by the lawyers of the other side and investigators. Your behavior should be professional and respectful. In court, any unprofessional remarks or actions could be considered against you. It is important to follow the advice from your medical professional and your legal team.