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What Does an Injury Attorney Do? An injury attorney helps clients navigate the complicated legal process the jargon of insurance and medical and mountains of paperwork that often accompany personal injury cases. Your lawyer will photograph the accident scene, collect your medical records, and talk to witnesses and experts. Following an accident, the law allows you to receive compensation for your economic losses and pain and suffering. It is crucial to act fast. Intentional Torts As the name suggests intentional torts are person's deliberate acts to harm another. They are the equivalent in civil law to 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. Intentional tort settlements are based on two kinds of damages. The first is referred to as economic damages that are used to cover costs and expenses such as medical bills property damages, lost income and many more. Non-economic damages include tangible losses, like discomfort and pain, loss of enjoyment of living, disability, disfigurement and more. Punitive damages may be granted in certain intentional torts to punish the perpetrator or discourage future wrongdoing. As you will see, it's essential that your attorney for injury be aware of the various types of intentional torts. Your lawyer must demonstrate the defendant's intention to hurt you to be successful in your case. This can be a challenge, as many intentional torts happen in the midst of a crisis. Battery is a great example of a tort that is a deliberate act. It covers a broad range of offensive contact. For instance If someone points a gun at you or seriously threatens to punch you, this is considered assault. If that same person is able to drive into your vehicle It is likely to be viewed as an accident and not a crime committed with intent. You may be able to claim for both negligence and an intentional tort, depending on the specific circumstances. If someone is driving recklessly and the crash causes you harm, they could be held responsible for negligence, but not for intentional tort, since it was not their intention to cause the accident. However, if the driver intentionally hit your vehicle with their car to inflict harm on you, it would be an intentional tort and they would be responsible for compensating you. Your attorney will guide you through the legal procedure. Intentional torts often come with criminal charges. Statute of Limitations A statute of limitations is a law that restricts the time you have to bring a lawsuit relating to an injury. It is often compared with the clock that starts and then is delayed or paused until it expires. When a statute of limitations expires and you are no longer able to pursue a claim, and the case will be dismissed by the court. The law makes use of this to discourage people from filing unjustified lawsuits, and also to shield the person at fault from being sued too late for negligence. Each state has its own statutes of limitation and each situation is different. For example in New York City, you generally have three years to file a personal injury lawsuit or a product liability lawsuit. Some types of cases, such as medical malpractice suits have different deadlines. In addition, the statute of limitations can be extended or “tolled” in certain cases according to the circumstances. In the case of a person who is injured by a negligent health care provider, the timer on the statute of limitations does not start until you actually discover your injuries or that the doctor could reasonably have discovered them. This is known as the discovery rule and is an often-used exception to the statute of limitations. A minor can also be a exception. In some instances, the statute of limitation could not start until the minor attains an 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 an injury. It is important to consult a personal injury attorney as soon after the incident as possible to find out how much remaining time you have. It is recommended to make a claim as soon as possible after the incident. In certain cases the delay of waiting too long may result in evidence becoming stale, making it difficult to prove. If you make your claim too late the insurance company as well as the party at fault will not to take it seriously. Liability Analysis When your injury attorney collects all the relevant information and evidence in a case, they perform a thorough liability analysis. This will include reviewing the statutes, laws, case law, and legal precedents. They will also look at the accident and injuries to determine a valid reason for pursuing claims against the responsible party. Personal injury attorneys are more adept at analyzing complicated or rare accident situations and unique legal theories that require a thorough analysis. It is crucial to realize that there are only a handful of instances where market share liability can be used to divide the cost of injury among manufacturers whose products caused the injury. It doesn't matter if it's in the context of personal injury lawsuits that seek traditional tort damages or public nuisance claims requesting a kind of abatement, the application of market share liability in these situations is a form of taxation that requires one group of consumers to pay for insurance on a different set of consumers' behalf. It also reduces social welfare. This is due to the fact that tort law offers some kind of insurance through risk spreading (either as tort damages or public nuisance abatement) is not true. Case Preparation Preparing a trial case takes time and resources. It involves collecting medical records as well as invoices for auto repair, police reports and photographs and other evidence to back up your claim. The process is stressful and a reputable injury lawyer will prepare you for what you can expect from the other side of the table. Your lawyer might also ask you to be an open book. This can be difficult for clients who are sensitive to privacy. Building a compelling case for full compensation is time consuming and expensive. Your lawyer will need to hire experts in fields that are outside the normal practice of his or her practice, for instance, an expert doctor who can explain the reason your injury may require future surgery, or an economist who can prove how your injury affected your life and ability to earn. These experts are costly and are likely to be required to testify in the court. You Tube will draft an official demand letter which will tell your story through explaining your injuries and providing the evidence of how your injuries have impacted your life. This will include the monetary value of all medical expenses, lost wages, and the loss of future earning capacity. This will pay for your pain, suffering and any other economic and non-economic losses. Keep in mind that the investigators and lawyers of the opposing side will be watching closely your actions. Your behavior should be professional and respectful. Any inappropriate behavior or remarks will be used against you in court. It is essential to follow the advice of your physician and legal team.