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What Does an Injury Attorney Do? Lawyers for injury help clients navigate the legal jargon and paperwork that are often associated with personal injuries. Your lawyer will photograph the scene of the accident, collect your medical records, and talk to witnesses and experts. The law permits you to be compensated for financial losses or pain and suffering as well as other damages. The key is to act swiftly. Intentional Torts Intentional torts are those that are the result of deliberate actions by a person in order to harm another. They are the equivalent in civil law to crimes like assault and robbery. As an injury attorney, you can help a victim of an intentional tort to seek financial compensation for their injuries and the damages. Settlements for intentional torts are based upon two types of damages. The first kind of damage is called economic damages, which covers costs and expenses such as medical bills, property damage and lost income. Non-economic damages include tangible losses, like discomfort and pain or discomfort, loss of enjoyment living as well as disability, disfigurement, and more. Punitive damages may be awarded in some intentional torts to punish the perpetrator or deter future wrongdoing. As you can see from the above, it is essential that your injury lawyer be familiar with the different types intentional torts. Your lawyer will need to prove the defendant's intent to hurt you in order to be successful in your case. This can be difficult as many intentional torts are committed in the heat of the moment. An excellent example of an intentional tort is battery, which includes different types of offensive contact with another person. For instance when someone shoots at you with a gun, or credibly threatens to punch you, this is considered assault. If, however, that same person rams into your vehicle with their car it's likely be viewed as an accident and not a deliberate act of violence. You could be able to file a claim for both negligence and an intentional tort, based on the circumstances. For instance, if someone does something recklessly and causes an accident that hurts you, the driver may be held liable in negligence, but not for intentional tort because it wasn't their intention to cause an accident. If, however, the driver intentionally struck your vehicle with their car in order to hurt you, it would be an intentional tort and they would be liable for compensating you. Intentional torts are often followed by criminal charges and your attorney will help you navigate the legal process. Statute of limitations A statute of limitations is a legal provision that limits the time you have to file suit against an injury. It is often compared to a clock that begins, can be delayed or stopped, and then expires. A statute of limitations expires when you cannot bring a lawsuit. The court will dismiss the case if the statute of limitations has expired. The law makes use of this to stop individuals from bringing unwarranted lawsuits, and also to shield the at-fault party from being sued later for negligence. Each state sets its own statute of limitations rules, and there are a variety of nuances that can differ from case to case. For South Gate injury lawyer YouTube , in New York City, you generally have three years to file a personal injury lawsuit or product liability lawsuit. However, some types of cases have a different statute of limitations, for instance medical malpractice lawsuits which have a shorter timeframe. In addition, the statute of limitations can also be extended or “tolled” in certain circumstances according to the circumstances. In the case of a person who is injured by a negligent health healthcare provider, the clock on the statute of limitations doesn't start until you actually discover your injuries or the doctor could reasonably have discovered the cause of the injury. This is referred to as the discovery rule and it is a frequent exception. Minors can also be a exception. In some instances the statute of limitations will not begin until a minor attains a certain age. The most important thing to bear in mind is that in the event that the statute of limitations runs out at the end of the year, you will not be legally 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 the amount of time you have. It is best to make a claim immediately following the incident. In some cases the delay of waiting too long may result in evidence becoming outdated, making it more difficult to prove. If you file 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 a review of the law, statutes, and the case law. Additionally, they will also examine the incident's circumstances and injuries to provide the legal basis to pursue the lawsuit against the responsible parties. Personal injury lawyers take more time to analyze complicated or rare accident situations and unique legal theories which require an in-depth analysis. It is crucial to understand that market share liability is only applied in very limited circumstances and does not correctly allocate costs of injury between producers whose products have caused injuries. Market share liability is a form of tax that affects one group of consumers who are paying for insurance on behalf of another group of consumers. This affects social welfare. This is because the idea that tort law provides some type of insurance via risk spreading (either as tort damages or public nuisance abatement) is not true. Case Preparation Preparing a trial case takes time and resources. It requires collecting medical documents, auto repair invoices, police reports and photographs and other evidence to support your claim. A good lawyer for injuries will help you to handle the stress of the case. Your lawyer may also ask you to sign an open book, and this may be difficult for certain clients who are adamant about privacy. The process of establishing a compelling argument for full compensation can be costly and time-consuming. Your lawyer will have to hire experts in fields that are outside the normal scope of his or her practice, for instance, doctors who can explain the reason your injury could require further surgery, or an economist who can prove how much your injury has impacted your life and ability to earn. These experts are costly and will likely be required to testify at the court. Your lawyer will draft an official demand letter which will tell your story by describing your injuries and presenting the evidence of how your injuries affected your life. This will include a financial demand for all of your medical bills and lost wages as well as a future loss of earning potential. It will also cover your pain and suffering and any other economic or noneconomic losses. Keep in mind that the lawyers and investigators from the opposing side will be closely scrutinizing your actions. Your conduct must be respectful and professional. Any inappropriate actions or comments could be used against you in court, and it is crucial to follow the advice of your doctor and legal team.