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What Does an Injury Attorney Do? An injury attorney helps clients navigate complicated legal procedures as well as medical and insurance jargon, and mounds of paperwork that often accompany personal injury cases. Your lawyer will take photographs of the scene of your accident and gather medical records, talk to witnesses and experts. The law permits you to be compensated for financial losses as well as pain and suffering, and other damages. The most important thing is to act swiftly. Intentional Torts Intentional torts are those that involve deliberate acts by someone to harm another. They are the equivalent of crimes such as assault and robbery. As an injury lawyer, you can aid a victim of intentional torts by obtaining the financial compensation they deserve for their damages and injuries. Intentional tort settlements are based on two types of damages. The first is referred to as economic damages which are used to cover costs and expenses such as medical bills property damage, lost income and many more. The second is non-economic damages that cover intangible losses like pain and suffering and loss of enjoyment of life, disability, disfigurement, and more. Certain intentional torts could be punitive in nature, which is designed to punish the perpetrator and deter any future wrongdoing. As you will see, it's essential that your lawyer for injury be knowledgeable about the different kinds of intentional torts. To win a case, your lawyer will need to establish that the defendant intended to cause the damage you suffered. This isn't easy because many intentional torts happen in the midst of a crisis. An excellent example of an intentional tort is battery, which includes various types of arousing contact with someone else. Assault occurs when someone points an object at you or threatens to hit you with punches. If, however, that person also hits your vehicle with their vehicle, it's likely going to be considered an accident and not an intentional act of violence. You may be able to claim both negligence and intentional tort, based on the circumstances. If someone drives recklessly, and the result is harm, they could be held liable for negligence, but not intentional tort since it was not their intent to cause the incident. If the driver intentionally struck your vehicle to hurt you, this would be an intentional tort and they would be required to compensate you. Your attorney will guide you through the legal process. Intentional torts usually come with criminal charges. Statute of limitations A statute of limitation is a legal rule which limits the time you have to file suit against an injury. It is often compared to a clock that begins at a certain time, is delayed or paused and then expires. A statute of limitations expires when you are unable to file a claim. The court will dismiss the case if the statute of limitations has expired. This is a method to deter people from filing claims that are not warranted and prevent at-fault parties from being sued for negligence that is too late. Each state has its own statutes of limitations, and each case is unique. In New York City you have three years to file a lawsuit if you are claiming personal injury or product liability. Certain types of cases like medical malpractice lawsuits have a different time limit. Additionally, the statutory timeline can be extended or “tolled” in certain instances in accordance with the circumstances. For instance, if someone is injured due to a negligent health care provider, the clock on the statute of limitations does not begin until you have discovered your injuries, or the doctor should have been able to reasonably discover the cause of the injury. This is known as the discovery rule, and is a common exception to the statute of limitations. Another exception is when the injured person is a minor and in some cases the statute of limitations may not start to run until they reach a certain age. The most important thing to remember 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 why it is imperative to speak with an injury lawyer as soon as possible after the incident and determine the amount of time you have left. It is recommended to make a claim as soon as you can after the incident. In certain cases when you delay too long, the evidence in your case may become outdated and difficult to prove. In El Cajon injury lawyers -fault party as well as their insurance company will be less likely to take your claim seriously if it's filed too late. Liability Analysis When your injury attorney collects all relevant facts and evidence in a case, they perform a thorough liability analysis. This includes reviewing the statutes, laws, case law, and legal precedents. Additionally, they will examine the circumstances of the accident and injuries to provide the legal basis to pursue the lawsuit against the responsible parties. Personal injury lawyers are more adept at analyzing difficult or unusual accident scenarios and unique legal theories which require an in-depth analysis. It is crucial to recognize that market share liability can only be applied in a limited amount of circumstances, and will not properly divide the costs of injury among manufacturers whose products caused injury. 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 due to the fact that tort law can provide a form of insurance through risk spreading (either as tort damages or public nuisance abatement) is unfounded. Case Preparation Preparing for a trial takes time and resources. It involves gathering medical records and auto repair invoices, police reports and photographs, as well as other evidence to back up your claim. The process is stressful and a reputable injury lawyer will prepare you for what to expect from the other side of the table. Your lawyer might also require you to be an open book. This can be a challenge for those who value privacy. The process of establishing a compelling argument for full compensation can be time consuming and expensive. Your lawyer will have to employ experts that are not part of their normal work. For example an expert doctor will explain why you may require a future procedure, or an economist can explain how your injuries have affected your life and your ability to earn. Experts in these fields can be costly and will likely have to be a witness in the courtroom. Your lawyer will draft a written demand document that will tell your story, describing the injuries you sustained. It will also present evidence on how your injuries have affected your life. This will include a monetary claim for all medical expenses, lost wages, and the loss of future earning capacity. This will cover your pain, suffering and any other economic and noneconomic expenses. It is crucial to keep in mind that you are subject to intense scrutiny by the lawyers of the other side and investigators. Your conduct must be respectful and professional. Any inappropriate behavior or remarks can be used against you in court. It is crucial to follow the advice of your physician and legal team.