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What Does an Injury Attorney Do? An injury attorney can help clients navigate complicated legal procedures as well as medical and insurance jargon and mountains of paperwork that usually accompany personal injury cases. Your lawyer will take photographs of the scene of the accident, gather your medical records, talk to witnesses and experts. The law allows you to be compensated for financial losses as well as pain and suffering, and other damages. It is crucial to act quickly. Intentional Torts As the name suggests intentional torts are person's deliberate acts to harm someone else. They are the civil equivalent to crimes such as assault and robbery. As an injury lawyer you can help a victim of intentional torts by obtaining the financial compensation they deserve for their damages and injuries. Settlements for intentional torts are based on two types of damages. The first type is called economic damages, which cover costs and expenses like medical bills property damage, medical bills and lost income. The second is non-economic damages which include intangible losses such as suffering and suffering and loss of enjoyment of life disabilities, disfigurement, and more. Punitive damages may be awarded in some intentional torts to punish the perpetrator or to deter future wrongful conduct. As you can see, it is essential that your injury attorney be knowledgeable about the different kinds of intentional torts. Your lawyer must demonstrate the defendant's intention to hurt you to win your case. This can be a challenge because many intentional torts occur in the midst of an incident. An excellent example of an intentional tort is battery, which encompasses various forms of arousing contact with an individual. Assault occurs when someone points a weapon at you or threatens you with punches. If the person who is threatening you 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 does something recklessly and causes an accident that hurts you, the driver may be held liable for negligence but not for an intentional tort, since it wasn't their intention to cause an accident. If the driver intentionally struck your vehicle in order to harm you, it is an intentional tort and they would be required to compensate you. Intentional torts can be followed by criminal charges and your attorney will help you navigate the legal system. Statute of Limitations A statute of limitations is a law which limits the time you can file a lawsuit over an injury. It is often compared with the clock that starts and then is delayed or paused until it expires. A statute of limitations expires when you are no longer able to file a claim. The court will dismiss the case if the statute has expired. This is a way 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 too late. Each state has its own statutes of limitation and every situation is different. In New York City you have three years in general to file a lawsuit in the event of personal injury or product liability. However, some types of cases have a different statute of limitations, such as medical malpractice lawsuits which have a shorter timeframe. In certain circumstances the deadline for statutory claims may be extended or “tolled”. For instance, if someone is injured by a negligent health care provider, the clock on the statute of limitations doesn't begin until you have discovered your injuries or the doctor could reasonably have discovered the injuries. This is referred to as the discovery rule and it's a common exception. Minors may be an exception. In some instances, the statute of limitation will not begin until a minor attains the age of. The most important thing to remember is that when the statute of limitations runs out, you will no longer be able to file a lawsuit for your injury. This is why it is imperative to speak with an injury lawyer as soon as possible after the incident to find out how much time you have left. Then, it is best to begin the process of filing an action before the deadline has passed. In some cases waiting too long could result in evidence becoming old and difficult to prove. If you submit your claim too late the insurance company and the person who is at fault will be less likely take it seriously. Liability Analysis If your lawyer for injury collects all the relevant information and evidence in a case, they conduct a thorough liability analysis. This includes reviewing the law, statutes as well as case law and legal precedents. In Citrus Heights injury lawyer , they will examine the circumstances of the accident and injuries to determine an appropriate basis for pursuing the lawsuit against the responsible parties. Personal injury attorneys 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 can only be applied in a limited amount of circumstances, and will not properly allocate costs of injury between manufacturers whose products cause injuries. In the context of personal injury lawsuits that seek traditional tort damages or public nuisance claims seeking a kind of abatement, the application of market share liability in these instances serves as taxation on one set of consumers to pay for insurance on a different group of consumers' behalf and reduces social benefits. This is due to the fact that tort law provides some type of insurance via risk spreading (either as tort damages or public nuisance abatement) is unfounded. Case Preparation Preparing a case for trial requires time and effort. It involves gathering medical records and auto mechanic invoices and police reports, as well as photographs and video recordings, as well as any other evidence to prove your claim. The process is stressful, and a good injury attorney will be able to help you prepare for what you can expect from the other side of the table. Your lawyer might also require you to sign an open book. This can be difficult for those who value privacy. The process of establishing a compelling argument for full compensation can be expensive and time-consuming. Your lawyer will need to employ experts that are not part of their normal work. For example, a doctor will explain why you may require future surgery, or an economist could explain how your injuries have affected your life and the earning capacity. Experts in these fields can be costly and will most likely need to testify in court. Your attorney will prepare a written demand document that will recount your story, detailing your injuries. It will also present evidence on how your injuries have affected your life. This will include a financial demand for all of your medical expenses and lost wages as well as a the potential loss of earnings in the future. It will also provide for the pain and suffering you endured and any other non-economic or economic loss. It is important to remember that you are subject to intense scrutiny by the lawyers of the other party and investigators. Your behavior should be professional and respectful. In court, any inappropriate remarks or actions could be a source of criticism against you. It is important to follow the advice from your medical professional and legal counsel.