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What Does an Injury Attorney Do? An injury lawyer can help clients navigate complex legal procedures, medical and insurance jargon and mountains of paperwork that often accompany personal injury cases. Your lawyer will take photographs of the scene of the accident and gather medical records, talk to witnesses and experts. The law allows you to be compensated for losses incurred in the form of economic loss as well as pain and suffering, and other damages. It is crucial to act quickly. Intentional Torts As the name suggests, intentional torts involve a person's deliberate actions to harm someone else. They are the equivalent in civil law to crimes like assault and robbery. As an injury lawyer you can assist victims of an intentional offense seek financial compensation for their injuries and the damages. Intentional tort settlements are based on two types of damages. The first kind of damage is called economic damages, which cover costs and expenses such as medical bills, property damage and lost income. Non-economic damages are those that result from tangible losses, like discomfort and pain or discomfort, loss of enjoyment living disabilities, disfigurement, disability and more. Some intentional torts may also include punitive damages that are designed to punish the perpetrator and deter future wrongdoing. As you can see, it is essential that your lawyer for injury be knowledgeable about the different types of intentional torts. To be successful in a case your lawyer must be able to prove that the defendant actually intended to cause the harm you sustained. This can be difficult since many intentional torts happen in the heat of a moment. An excellent example of an intentional tort is battery, which encompasses different types of offensive contact with another person. Assault is when someone points an arrow at you or threatens to hit you with punches. However, if that same person rams into your vehicle with their vehicle it's likely to be considered an accident and not a deliberate act of violence. You may be able to claim for both negligence and an intentional tort, depending on the circumstances. If someone is reckless when driving, and the result is harm, they could be held liable for negligence, but not necessarily for intentional tort, because it was not their intention to cause the accident. However, if the driver intentionally struck your vehicle with their car in order to harm you, it's an intentional tort and they would be held accountable for compensating you. Your attorney will guide you through the legal process. Intentional torts are often associated with criminal charges. Statute of Limitations A statute of limitation is a legal rule which sets the deadline for when you are able to file suit for an injury. It is often compared to a clock that begins at a certain time, is delayed or paused and then expires. When the statute of limitations runs out and you are no longer able to make a claim and the case will be dismissed by the court. The law makes use of this to deter people from filing unwarranted lawsuits, and also to shield the person at fault from being sued late for negligence. Each state sets its own statute of limitations and there are a myriad of variations that vary between cases. In New York City you have three years generally to file a lawsuit for personal injury or product liability. Certain types of cases, like medical malpractice lawsuits, have different deadlines. In addition, the statute of limitations may be extended or “tolled” in certain cases depending on the circumstances. For instance, if a person is injured as a result of negligence by a health care provider, the timer on the statute of limitations doesn't begin until you are aware of your injuries, or the doctor should have been able to reasonably discover them. This is known as the discovery rule and it is a common exception. Another exception occurs when the injured person is a minor and in some cases the statute of limitations may not start to run until they reach a specific age. The most important thing to remember 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 important to consult an attorney who specializes in personal injury as soon as possible to find out how much remaining time you have. It is recommended to make a claim immediately following the incident. In some instances when you delay too long, the evidence for your case could become outdated and difficult to prove. Additionally, the at-fault party and their insurance company will be less likely to take your claim seriously if it's filed too late. Liability Analysis When your injury attorney gathers all the relevant facts and evidence in a case they conduct a thorough liability analysis. This includes reviewing the statutes, laws, case law, and legal precedents. In addition, they will examine the circumstances of the accident and injuries to determine an appropriate basis to pursue the lawsuit against the responsible parties. Personal injury attorneys are more adept at analyzing complex or unusual accidents and unique legal theories which require an in-depth analysis. It is crucial to recognize that market share liability can only be applied in very limited circumstances and does not correctly divide the costs of injury among producers whose products have caused injuries. In the case of personal injury claims seeking traditional tort damages or public nuisance claims requesting a form of abatement, the application of market share liability in these situations serves as taxation on one group of consumers to cover insurance on a different group of consumers' behalf and diminishes social welfare. This is because it is not an absolute fact that tort law provides some form of insurance 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 invoices for auto repair photos, police reports, and police reports along with other evidence to back up your claim. The process is stressful, and a good injury attorney will help you understand what you can expect from the other side of the table. Your lawyer will also require you to sign an open book, which can be difficult for some clients who are adamant about privacy. It's expensive and time-consuming to build an effective case for full compensation. Your lawyer will need to hire experts in fields that are outside the normal scope of his or her practice, like doctors who can provide a reason for why your injury could require further surgery, or an economist who can show how your injury has impacted your life and ability to earn. These experts are expensive and will likely be required to testify in court. Your attorney will prepare an written demand document that will detail your story, including details of your injuries. It will also provide evidence on how your injuries have affected you. This includes a monetary demand for all medical bills, lost wages and future loss of earning potential. Norman injury lawsuits will compensate you for your suffering, pain and any other economic and non-economic losses. It is important to remember that you will be subjected to a lot of scrutiny by the other party's lawyers and investigators. Your behavior should be respectful and professional. Any inappropriate comments or actions could be used against you in court, and it is essential to adhere to the advice of your doctors and legal team.