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What Does an Injury Attorney Do? Injury lawyers assist clients in navigating the legal terminology and paperwork typically associated with personal injury cases. Your lawyer will take photos of the accident scene, gather your medical records, interview witnesses and experts. After an injury The law permits you to claim compensation for your economic losses and suffering. It is crucial to act fast. Intentional Torts As the name implies intentional torts are person's deliberate acts to harm one another. They are the equivalent in civil law to crimes such as assault and robbery. As an injury attorney you can assist the victim of an intentional tort seek financial compensation for their injuries and the damages. Settlements for intentional torts are based on two kinds of damages. The first is known as economic damages, which cover expenses and costs such as medical bills property damage, lost income, and more. The other category is non-economic damage that cover intangible losses, such as suffering and suffering, loss of enjoyment of life and disability, disfigurement and more. Punitive damages may be granted in certain intentional torts to punish the perpetrator or to deter future wrongful conduct. As you can see from the above, it's important that your injury lawyer be knowledgeable about the various types intentional torts. To be successful in the court your lawyer must be able to show that the defendant actually intended to cause the damage you suffered. This isn't easy since many intentional torts are committed in the heat of the moment. An excellent example of an intentional tort is battery, which includes various forms of arousing contact with someone else. Assault occurs when someone points an object at you or threatens you with a punch. If the same person crashes into your car It is likely to be considered an accident and not a deliberate crime. You may be able to claim for both negligence and an intentional tort, depending on the specific circumstances. For instance, if someone does something recklessly and results in an accident that harms you, the driver may be held liable in negligence, but not for intentional tort since it wasn't their intention to cause an accident. If a driver deliberately struck your vehicle to hurt you, it would be an intentional tort and they would be required to compensate you. Intentional torts can be associated with criminal charges, and your attorney will help you navigate the legal process. Statute of Limitations A statute of limitations is a legal rule that limits how long you can file a lawsuit over an injury. It is often similar to a clock which starts, is delayed, or paused and then eventually expires. A statute of limitations expires when you are no longer able to make a claim. The court will dismiss the case if the statute of limitations has expired. The law uses this to discourage people from filing unwarranted lawsuits, and also to shield the party at fault from being sued later for negligence. Each state has its own statutes of limitations and every case is unique. In New York City you have three years generally to file a lawsuit in the event of personal injury or product liability. Some types of cases, like medical malpractice lawsuits are subject to an additional time frame. In certain circumstances the statute of limitations may be extended or “tolled”. If you're injured by a negligent healthcare provider, such as, the time limit for a statute of limitations does not start 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 is when the person is a minor, and in some instances, the statute of limitations may not start to run until they reach a specific age. It is crucial to remember that if you do not act within the time frame you could lose the right to sue for an injury. This is why it is imperative to consult with an injury lawyer as soon as you can after the incident to determine the amount of time you have left. It is recommended to start a lawsuit as soon as you can after the incident. In some cases the delay of waiting too long may result in evidence becoming old and difficult to prove. If you submit your claim too late, the insurance company and the party at fault will be less likely consider it a serious matter. Liability Analysis Your injury attorney will perform an exhaustive analysis of the liability after gathering all the facts and evidence. This will include a review of the law, statutes and cases. They will also examine the accident and injuries to determine a valid reason for pursuing an action against the responsible party. It is generally more time-consuming for a personal injury attorney to review complex or unique accident scenarios and unique legal theories that require an in-depth analysis than a simple auto accident. It is crucial to understand that market share liability can only be applied in very limited circumstances, and will not properly assign the cost of injury to manufacturers whose products caused injuries. Whether it is in the context of personal injury lawsuits seeking traditional tort damages or public nuisance claims seeking some kind of abatement, the application of market share liability in these situations is a form of taxation that requires one set of consumers in order to pay for insurance on another group of consumers' behalf and diminishes 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 Preparing a case for trial takes time and money. It involves gathering medical documents, invoices for auto repair police reports and photos along with other evidence to support your claim. A skilled injury lawyer will prepare you to handle the stress of the process. Your lawyer may also ask you to sign an open book. This can be a challenge for those who value privacy. The process of establishing a compelling argument for full compensation is expensive and time-consuming. Your lawyer will have to employ experts that are outside of their normal work. For instance, a doctor can explain why you might require future surgery, or an economist can show how your injury has affected your life and earning potential. These experts can be costly, and they will likely have to testify in court. Your lawyer will prepare an official demand letter that tells your story by describing your injuries and presenting the evidence of how your injuries affected your life. This will include a monetary demand for all medical bills as well as the potential loss of earnings in the future. It will also cover your pain and suffering and any other economic or noneconomic losses. Remember that You Tube and lawyers of the opposing side will be closely scrutinizing your actions. Your conduct should be professional and respectful. Any inappropriate comments or actions could be used against you in court, and it is important to follow the advice of your doctors and legal team.