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What Does an Injury Attorney Do? An injury attorney can help clients navigate complicated legal procedures, medical and insurance jargon, and mounds of paperwork that usually accompany personal injury cases. Your lawyer will photograph the accident scene, collect your medical records, and talk to witnesses and experts. Following an accident After an accident, the law permits you to claim compensation for your economic losses and suffering. The most important thing is to act swiftly. Intentional Torts Intentional torts are the result of deliberate actions by a person to harm someone else. They are the equivalent in civil law to crimes like assault and robbery. As an injury lawyer, you can help victims of an intentional tort seek financial compensation for their injuries and damages. Settlements for intentional torts are based on two types of damages. The first is referred to as economic damages that include costs and expenses like medical bills, property damages, lost income and many more. The second is non-economic damages that cover intangible losses like suffering and suffering as well as loss of enjoyment life, disability, disfigurement, and many more. Some intentional torts may also be punitive in nature, which is intended to punish the perpetrator and deter any future wrongdoing. As you can see from the above, it's essential that your injury lawyer be knowledgeable about the various types intentional torts. Your lawyer will have to prove the defendant's intent to hurt you to be successful in your case. This can be a challenge, as many intentional torts are committed in the midst of an incident. Battery is a good example of a tort that is a deliberate act. It covers a wide range of contact that is offensive. Assault is when someone points an object at you or threatens to hit you with punches. However, if that same person hits your vehicle with their vehicle it's likely be viewed as an accident and not a deliberate act of violence. Buena Park injury lawyers You Tube could be able to assert negligence as well as intentional tort, based on the circumstances. For instance, if a person drives recklessly and causes an accident that hurts you, the driver may be held liable in negligence, but not for intentional tort, since it wasn't their intention to cause an accident. However, if the driver deliberately hit your vehicle with their car in order to harm you, it would be an intentional tort and they would be liable for compensation. Your lawyer will assist you through the legal procedure. Intentional torts often come with criminal charges. Statute of limitations A statute of limitations is a law that limits how long you have to file a lawsuit over an injury. It is often compared to a clock which starts, can be delayed or stopped, and then expires. When the statute of limitations has expired and you are no longer able to file a claim and the case will be dismissed by the court. The law uses this to discourage individuals from bringing unwarranted lawsuits, and also to shield the party at fault from being sued later for negligence. Each state sets its own statute of limitations rules, and there are many nuances that differ between cases. In New York City you have three years to file a lawsuit if you are claiming personal injury or product liability. However, certain types of cases have a different statute of limitations such as medical malpractice lawsuits, which have a shorter time frame. In certain circumstances the deadline for statutory claims may be extended or “tolled”. If you are 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 known as the discovery rule and is a common exception to the statute of limitations. Another exception occurs when the injured person is a minor, and in certain cases, the statute of limitations may not begin to run until they reach a particular age. It is crucial to remember that if you do not act within the time frame you could lose the right to pursue a claim for injury. This is the reason it is crucial to consult an injury attorney immediately after the incident and determine how long 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 cause the evidence to become old and difficult to prove. If you make your claim too late the insurance company and the person who is at fault are less likely to take it seriously. Liability Analysis Your lawyer will conduct an extensive analysis of responsibility after gathering all the facts and evidence. This includes a thorough review of the law, statutes and cases. They will also look at the incident and injuries to determine the legal basis for filing claims against the responsible party. 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 is only applied in a limited amount of circumstances, and will not properly allocate costs of injury between manufacturers whose products cause injury. Whether it is 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 cases acts as a tax on one set 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 kind of insurance spreading risk (either through tort damages or public nuisance abatement). Case Preparation Preparing a case for trial takes time and resources. It requires collecting medical documents, invoices for auto repair, police reports and photographs and other evidence to back up your claim. The process can be a stressful one and a good injury attorney will prepare you for what to expect from the other side of the table. Your lawyer might also ask you to sign an open book. This can be a challenge for clients who value privacy. Making a convincing case for full compensation can be expensive and time-consuming. Your lawyer will have to hire experts in fields which are outside the scope of his or her practice, like doctors who can explain the reason your injury may require future surgery or an economist who can prove how your injury affected your life and your potential earnings. These experts can be costly and will most likely have to testify at the court. Your attorney will prepare an written demand document that tells your story through detailing your injuries and presenting the evidence of how your injuries have impacted your life. This will include a monetary claim for all of your medical expenses, lost wages and any future loss of earning capacity. This will cover your pain, suffering as well as any other economic or non-economic expenses. It is crucial to keep in mind that you will be subjected to intense scrutiny by the other party's lawyers and investigators. Your behavior should be respectful and professional. In court, any inappropriate remarks or actions could be a source of criticism against you. It is important to follow the advice of your medical professional and your legal team.