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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 piles of paperwork that usually accompany personal injury cases. Your lawyer will snap photos of the scene of the accident, gather your medical records, talk to witnesses and expert witnesses. After an injury, the law allows you to claim compensation for the economic loss as well as pain and suffering. The key is to act swiftly. Intentional Torts Like the name suggests intentional torts are person's deliberate actions to harm another. They are the civil equivalent to crimes like assault and robbery. As an injury lawyer, you can help the victim of an intentional tort seek financial compensation for their injuries and damage. Settlements for intentional torts are based on two types of damages. The first type of damages is called economic damages, which covers costs and expenses such as medical bills as well as property damage and lost income. Non-economic damages refer to intangible losses, such as discomfort and pain, loss of enjoyment of living, disability, disfigurement and more. Certain intentional torts could involve punitive damages which are designed to punish the offender and deter future wrongdoing. As you will see, it's essential that your attorney for injury be aware of the various kinds of intentional torts. Your lawyer must prove the defendant's intent to hurt you in order to prevail in your case. This isn't easy since many intentional torts are committed in the heat of the moment. A good example of an intentional tort is battery, which covers different types of contact that is offensive to an individual. For instance when someone points at you with a gun, or crediblely threatens to punch you, it is considered assault. If that same person drives into your car it is likely to be considered an accident and not a deliberate crime. You may be able to claim for negligence as well as an intentional tort, depending on the specific circumstances. For instance, if someone is reckless and causes an accident that hurts you, the driver could be held responsible for negligence, but not for intentional tort because it wasn't their intention to cause an accident. However, if the driver intentionally struck your vehicle with their car to inflict harm on you, it would be an intentional tort and they would be liable for compensating you. Intentional torts are often accompanied by criminal charges, and your lawyer can help you navigate the legal system. YouTube of Limitations A statute of limitations is a legal rule that limits how long you have to file a lawsuit over an injury. It is often similar to a clock which begins, but can be delayed, or paused, and then eventually expires. A statute of limitations runs out when you are no longer able to file a claim. The court will dismiss the case if the statute of limitations has expired. This is a method for the law to discourage people from filing claims without a valid reason and to protect the parties at fault from being sued for negligence after it is too late. Each state has its own statute of limitations rules, and there are a myriad of variations that can differ from case to case. In New York City you have three years in general to file a lawsuit if you are claiming personal injury or product liability. However, certain types of cases have different statutes of limitations, such as medical malpractice lawsuits, which have a shorter time frame. In addition, the statute of limitations may be extended or “tolled” in certain circumstances in accordance with the circumstances. If you're injured by negligence of a healthcare provider, such as the statute of limitations clock does not begin until you discover your injuries, or the doctor has a reasonable expectation they will be discovered. This is known as the discovery rule, and it is a common exception. Minors can also be a exception. In some cases the statute of limitations will not begin until a minor attains the age of. The most important thing to keep in mind is that if the statute of limitations expires in the next year, you won't be legally able to file a lawsuit for your injury. It is crucial to speak with a personal injury attorney as soon after the incident as you can to determine the remaining time you have. It is then advisable to begin the process of filing an action before the deadline has passed. In some cases waiting too long could cause evidence to become stale, making it difficult to prove. Additionally, 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 injury attorney gathers all the relevant facts and evidence in a case they perform a thorough liability analysis. This includes analyzing the statutes, laws, case law, and legal precedents. In addition, they'll also examine the incident's circumstances and injuries to determine an appropriate basis for pursuing the lawsuit against the responsible parties. Personal injury attorneys are more adept at analyzing complicated or rare accident situations and unique legal theories which require an in-depth analysis. It is crucial to realize that there are very few situations where market share liability is able to assign the cost of injury among the companies who's products caused the injury. Market share liability is a form of tax that affects one group of consumers that is paying for insurance on behalf of another group of consumers. This affects social welfare. This is because it's not true that tort law offers an insurance policy by spreading risk (either through tort damages or public nuisance abatement). Case Preparation Preparing a trial case takes time and money. It requires the collection of medical documents, auto mechanic invoices along with police reports, photographs and video recordings, as well as any other evidence that will prove your claim. The process can be stressful, and a reputable injury lawyer will help you understand what you can expect from the other side of the table. Your lawyer might also require you to be an open book. This can be difficult for clients who value privacy. It's expensive and time-consuming to construct an effective case for full compensation. Your lawyer will have to employ experts in fields which are outside the practice of his or her practice, such as an expert doctor who can explain why your injury could require further surgery or an economist who can demonstrate how your injury affected your life and potential earnings. These experts are costly and are likely to be required to testify at court. Your attorney will prepare an written demand package which will tell your story, describing your injuries. It will also provide evidence of how your injuries have affected your life. This will include the monetary value of all medical expenses, lost wages, and the loss of future earning capacity. This will cover your pain, suffering and any other economic and non-economic expenses. It is important to remember that you will be subjected to a lot of scrutiny by the lawyers of the other party and investigators. Your conduct should be courteous and professional. Any inappropriate actions or comments will be used against you in court. It is important to adhere to the advice of your doctors and legal team.