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What Does an Injury Attorney Do? Lawyers for injury help clients navigate the legal terminology and paperwork frequently involved in personal injuries. Your lawyer will photograph the accident scene, collect your medical records, and interview witnesses and experts. The law allows you to be compensated for economic losses as well as pain and suffering, and other damages. The most important thing is to act swiftly. Intentional Torts As the name suggests intentional torts refer to a person's deliberate actions to harm one another. They are the equivalent to crimes such as assault and robbery. As an injury lawyer, you can aid those who have been victims of intentional torts to seek the financial compensation they deserve for their damages and injuries. Intentional tort settlements are based on two kinds of damages. The first is known 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 intangible losses like discomfort and pain and loss of enjoyment of living, disability, disfigurement and more. Punitive damages are awarded in some intentional torts to punish the perpetrator or discourage future wrongful conduct. As you can see from the above, it is crucial that your lawyer for injury be knowledgeable about the various kinds of intentional torts. To win a case your lawyer must be able to show that the defendant actually intended to cause the harm you sustained. This can be a challenge as many intentional torts are committed in the heat of the moment. Battery is a great example of a crime that is deliberate. It covers a wide range of offensive contact. For instance If someone shoots at you with a gun, or crediblely threatens to punch you, this is considered assault. But if the same person hits your vehicle with their vehicle it's likely to be considered an accident, not an intentional act of violence. You may be able to claim for negligence as well as an intentional tort, depending on the circumstances. For instance, if a person does something recklessly and causes an accident that hurts you, the driver may be held accountable for negligence but not for intentional tort, since it was not their intention to cause an accident. If a driver deliberately struck your vehicle in order to harm you, it is an intentional tort, and they would have to compensate you. Your attorney will guide you through the legal procedure. Intentional torts usually come with criminal charges. Statute of limitations A statute of limitations is a law that restricts the time you can bring a lawsuit relating to an injury. It is often similar to a clock which starts, is delayed, or paused and then finally expires. When the statute of limitations runs out, you can no longer pursue a claim, and the case will be dismissed by the court. The law uses this to discourage people from filing unjustified lawsuits and protect the at-fault party from being sued later for negligence. 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 in the event of 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 situations, the statutory deadline may be extended or “tolled”. If you're injured by an unprofessional healthcare provider, for example the statute of limitations clock will not begin until you find out about your injuries, or the doctor has a reasonable expectation they will be discovered. This is called 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 cases the statute of limitations might not start to run until they reach a certain age. The most important thing to remember is that in the event that the statute of limitations expires in the next year, you won't be able to file a lawsuit for your injury. It is essential to speak with an attorney who specializes in personal injury as soon as you can in order to determine how much remaining time you have. It is recommended to make a claim as soon as possible after the incident. In certain cases, if you wait too long, the evidence in your case may become outdated and difficult to prove. If you submit your claim too late the insurance company and the party at fault will be less likely 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 includes reviewing the statutes, laws, case law, and legal precedents. They will also analyze the incident and injuries to determine the legal basis for filing an action against the party responsible. Personal injury lawyers take more time to analyze complex or unusual accidents and unique legal theories that require a thorough analysis. It is important to realize that market share liability is only applied in very limited circumstances, and will not properly assign the cost of injury to producers whose products have caused injury. In the context of personal injury lawsuits seeking traditional tort damages or public nuisance claims seeking a type of abatement, application of market share liability in these situations serves as taxation on one set of consumers to cover insurance on a different set of consumers' behalf. This diminishes social welfare. This is because it isn't an absolute fact that tort law provides an insurance policy by spreading risk (either through tort damages or public nuisance abatement). Case Preparation The preparation of a case for trial takes time and resources. It requires collecting medical records and auto repair invoices police reports and photos and other evidence to support your claim. A skilled injury lawyer will prepare you to handle the pressure of the process. Your lawyer will also require you to become an open book, which can be a challenge for some clients who are adamant about privacy. Making a convincing case for full compensation can be costly and time-consuming. Your lawyer will need to hire experts in fields that are outside the normal scope of his or her practice, such as an expert doctor who can explain the reason your injury could require further surgery, or an economist who can show how your injury has affected your life and ability to earn. These experts can be costly and will most likely have to testify at court. Your lawyer will draft a written demand package which will tell your story, describing your injuries. It will also present evidence of how your injuries have affected you. This will include a monetary claim for all of your medical expenses, lost wages, and the loss of future earning capacity. It will also cover the pain and suffering you endured and any other economic or non-economic losses. Be Centennial injury lawsuits that the lawyers and investigators of the other side will be closely scrutinizing your actions. Your behavior should be respectful and professional. In court, any unprofessional comments or actions will be considered against you. It is essential to follow the advice of your doctors and legal counsel.