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What Does an Injury Attorney Do? An injury lawyer can help clients navigate complicated legal procedures as well as medical and insurance jargon, and mounds of paperwork that often accompany personal injury cases. Your lawyer will take photographs of the scene of your accident and gather medical records, interview witnesses and experts. The law permits you to be compensated for losses incurred in the form of economic loss or pain and suffering as well as other damages. The key is to act swiftly. Intentional Torts Like the name suggests, intentional torts involve a person's deliberate actions that cause harm to someone else. They are the civil equivalent of crimes like assault and robbery. As an injury lawyer, you can aid victims of intentional torts in seeking financial compensation for their losses and injuries. Settlements for intentional torts are based on two kinds of damages. The first is known as economic damages, which cover expenses and costs like medical bills, property damage, lost income, and many more. The second category is non-economic damages that cover intangible losses like pain and suffering and loss of enjoyment of life, disability, disfigurement, and more. Some intentional torts may also involve punitive damages which are designed to punish the offender and deter any future wrongdoing. As you can see, it's crucial that your attorney for injury be aware of the various types of intentional torts. In order to win the court your lawyer needs to establish that the defendant intended to cause the damage you sustained. This isn't easy since many intentional torts are committed in the heat of the moment. Battery is a good example of a crime that is a deliberate act. It covers a wide range of offensive contact. Assault is when someone points an object at you or threatens you with a punch. If that same person is able to drive into your vehicle, it will likely be considered an accident, and not a deliberate offense. You could be able to file a claim for both negligence and an intentional tort, based on the specific circumstances. For instance, if a person is reckless and causes an accident that hurts you, the driver could be held liable in negligence, but not for an intentional tort because it was not their intention to cause an accident. If, however, the driver purposely struck your vehicle with their vehicle in order to hurt you, it would be an intentional tort and they would be held accountable to compensate you. Your attorney will help you navigate the legal process. Intentional torts often come with criminal charges. Statute of Limitations A statute of limitation is a legal requirement that sets the deadline for when you are able to file suit for an injury. It is often compared with a clock that begins, can be delayed or paused until it expires. A statute of limitations runs out when you are unable to file a claim. The court will decide to dismiss the case if the statute has expired. This is a method to deter people from filing claims that are not warranted 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, and each situation is different. In New York City you have three years generally to file a lawsuit for personal injury or product liability. However, certain kinds of cases have a different statute of limitations such as medical malpractice lawsuits which have a shorter time frame. In certain circumstances the statute of limitations can be extended or “tolled”. For instance, if someone is injured by a negligent health care provider, the clock on the statute of limitations will not start until you actually discover your injuries or that the doctor should have been able to reasonably discover the injuries. This is known as the discovery rule, and it is a common exception. Another exception is when the person is a minor and in some instances, the statute of limitations might not begin running until they reach a certain age. It is important to keep in mind that if you don't act within the specified timeframe, you may lose your right to sue for injury. It is crucial to speak with an attorney for personal injuries immediately after the incident as you can in order to determine the amount of time you have. It is best to make a claim as soon as possible after the incident. In certain situations waiting too long could cause evidence to become old and 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 Your lawyer for injury will conduct an exhaustive analysis of the liability after gathering all facts and evidence. This includes reviewing the law, statutes as well as case law and legal precedents. They will also analyze the accident and injuries in order to establish the legal basis for filing an action against the responsible party. It's generally more time-consuming for a personal injury lawyer to evaluate complicated or rare accident circumstances and unique legal theories that require an in-depth analysis than for a straightforward auto accident. Bryan injury lawyer You Tube is crucial to understand that market share liability is only applied in a limited amount of circumstances and cannot properly assign the cost of injury to manufacturers whose products cause 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 affects social welfare. This is because the idea that tort law can provide a type of insurance via risk spreading (either as tort damages or public nuisance abatement) is not true. Case Preparation The preparation of a case for trial takes time and resources. It involves collecting medical records and invoices for auto repairs, police reports and photographs along with other evidence to back up your claim. A good injury lawyer will prepare you for the stress of the process. Your lawyer may also ask you to become an open book, which can be difficult for some clients who value privacy. Building a compelling case for full compensation is costly and time-consuming. Your lawyer will have to hire experts in fields which are outside the practice of his or her practice, such as a doctor who can provide a reason for why your injury may require future surgery, or an economist who can show how your injury affected your life and your potential earnings. These experts can be costly and will most likely have to be a witness in the courtroom. Your attorney will prepare a written demand package that will tell your story through describing your injuries and presenting the evidence of how your injuries have impacted your life. This includes a monetary demand for all of your medical bills, lost wages and future loss of earning potential. This will pay for your suffering, pain as well as any other economic or noneconomic loss. It is important to remember that you are subject to a heightened scrutiny by the lawyers of the other party and investigators. Your conduct must be respectful and professional. In court, any inappropriate remarks or actions could be a source of criticism against your case. It is crucial to follow the guidelines of your doctor and legal counsel.