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What Does an Injury Attorney Do? An injury attorney can help clients navigate complex legal procedures as well as medical and insurance jargon and mountains of paperwork that usually accompany personal injury cases. Your lawyer will take photos of the accident scene, collect your medical records, and speak with witnesses and experts. The law allows you to be compensated for financial losses or pain and suffering as well as other damages. The most important thing is to act fast. Intentional Torts Intentional torts are those that involve deliberate acts by someone in order to harm someone else. They are the equivalent in civil law to crimes like assault and robbery. As an injury lawyer you can assist a victim of intentional torts in seeking financial compensation for their losses and injuries. Settlements for intentional torts are based on two kinds of damages. The first type is called economic damages, which covers expenses and costs such as medical bills property damage, medical bills and lost income. The second is non-economic damages that cover intangible losses like pain and suffering and loss of enjoyment of life disabilities, disfigurement, and many more. Punitive damages may be granted in certain intentional torts to punish the perpetrator or deter future wrongful conduct. As you can see, it's crucial that your attorney for injury be aware of the various types of intentional torts. Your lawyer will need to establish the defendant's intention to hurt you in order to prevail in your case. This can be a challenge, as many intentional torts are committed in the midst of an incident. An excellent example of an intentional tort is battery, which covers various types of offensive contact with someone else. Assault happens when someone aims an object at you or threatens to hit you with a punch. But if the same person rams into your vehicle with their car, it's likely going to be considered an accident, not a deliberate act of violence. You could be able to claim both negligence and intentional tort depending on the circumstances. If someone is reckless when driving, and the crash causes you injury, they could be held responsible for negligence, but not for intentional tort, since it was not their intention to cause the accident. If, however, the driver intentionally struck your vehicle with their vehicle in order to harm you, it's an intentional tort and they would be responsible to compensate you. Intentional torts can be accompanied by criminal charges, and your lawyer will assist you navigate the legal system. Statute of limitations A statute of limitations is a legal rule which limits the time you have to file a lawsuit for an injury. It is often compared with a clock that begins at a certain time, is delayed or stopped, and then expires. A statute of limitations expires when you are no longer able to make a claim. The court will dismiss the case if the statute of limitations has expired. This is a way to prevent people from filing unwarranted claims and protect at-fault parties from being sued for negligence that is too late. Each state sets its own statute of limitations rules and there are many nuances that differ between cases. For example, in New York City, you generally have three years to start a personal injury or a product liability suit. However, some types of cases have a different statute of limitations, such as medical malpractice lawsuits which have a shorter timeframe. In addition, the statute of limitations can also be extended or “tolled” in certain circumstances depending on the circumstances. If you are injured by a negligent healthcare provider, for instance, the statute of limitations clock will not start until you discover your injuries, or the doctor has a reasonable expectation that they will be discovered. This is known as the discovery rule and is an common exception to the statute of limitations. A minor can also be a exception. In certain cases, the statute of limitation may not begin until the minor attains a certain age. The most important thing to keep in mind is that in the event that the statute of limitations runs out, you will no longer be legally able to file a lawsuit for your injury. This is the reason it is crucial to consult with an injury lawyer as soon as you can after the incident and determine the amount of time you have left. It is recommended to start a lawsuit immediately following the incident. In certain situations, waiting too long can result in evidence becoming outdated, making it more difficult to prove. Additionally the at-fault party as well as their insurance company will be less likely to consider your claim seriously if it is filed too late. Liability Analysis Your lawyer will conduct a thorough analysis of responsibility after gathering all the facts and evidence. Glendale injury lawsuits will include a review of the laws, statutes and the case law. They will also look at the incident and injuries to determine the legal basis for filing a claim against the party responsible. Personal injury attorneys take more time to analyze complex or unusual accidents and unique legal theories which require a thorough analysis. It is important to realize that market share liability can only be used in a very limited number of situations and cannot properly assign the cost of injury to manufacturers whose products cause injuries. Market share liability is a tax on one group of consumers who are paying for insurance on behalf of another group of consumers. This affects social welfare. This is because it's not true that tort law offers some form of insurance by spreading risk (either through tort damages or public nuisance abatement). Case Preparation The preparation of a case for trial requires time and effort. It requires the collection of medical documents and auto mechanic invoices along with police reports, photographs and video recordings, as well as any other evidence that will support your claim. The process is stressful, and a reputable injury lawyer will be able to help you prepare for what you can expect from the other side of the table. Your lawyer may also ask you to sign an open book. This can be a challenge for those who value privacy. Building a compelling case for full compensation can be costly and time-consuming. Your lawyer will have to hire experts who are outside of their normal practice. For instance an expert doctor will explain why you may require future surgery, or an economist can explain how your injury has impacted your life and earning capacity. These experts can be costly and are likely to be required to testify in the court. Your lawyer will draft a written demand package that tells your story by explaining your injuries and providing the evidence of how your injuries have impacted your life. This will include a monetary demand for all medical expenses, lost wages and future loss of earning potential. It will also provide for your pain and suffering and any other non-economic or economic losses. It is important to remember that you will be subjected to a heightened scrutiny by the other party's lawyers and investigators. Your conduct should be courteous and professional. Any inappropriate comments or actions can be used against you in court, and it is essential to follow the advice of your physician and legal team.