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What Does an Injury Attorney Do? An injury lawyer can help clients navigate complicated 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 your accident as well as gather medical records, and interview witnesses and expert witnesses. After an injury The law permits you to receive compensation for the economic loss and pain and suffering. The most important thing is to act swiftly. Intentional Torts As the name implies intentional torts refer to a person's deliberate actions that cause harm to another. They are the equivalent in civil law to crimes such as assault and robbery. As an injury lawyer you can assist the victim of an intentional offense seek financial compensation for their injuries and the damages. Settlements for intentional torts are based on two kinds of damages. The first is known as economic damages which cover expenses and costs such as medical bills, property damage, lost income and many more. The second category is non-economic damages which encompasses intangible losses such as pain and suffering and loss of enjoyment of life disabilities, disfigurement, and more. Certain intentional torts could involve punitive damages which are designed to punish the offender and deter future wrongdoing. As you can see from the above, it's essential that your injury lawyer be knowledgeable about the various kinds of intentional torts. Your lawyer will have to prove the defendant's intent to harm you in order to win your case. This isn't easy since many intentional torts occur in the midst of a crisis. Battery is an excellent example of a tort that is intentional. It covers a broad range of offensive contact. Assault happens when someone aims an arrow at you or threatens you with punches. If the same person crashes into your car, it will likely be considered an accident and not a crime committed with intent. You may be able assert negligence as well as intentional tort, based on the circumstances. If someone is reckless when driving, and the result is harm, they could be held responsible for negligence, but not necessarily for intentional tort, since it was not their intention to cause the accident. If the driver intentionally struck your vehicle in order to hurt you, it would be an intentional tort and they would be required to compensate you. Your lawyer will guide you through the legal procedure. Intentional torts usually come with criminal charges. Statute of limitations A statute of limitation is a legal provision that limits the time you have to file suit for an injury. It is often like a clock that begins, but can be delayed, or paused and then expires. A statute of limitations expires when you are no longer able to make a claim. The court will decide to dismiss the case if the statute has expired. This is a way for the law to discourage people from filing claims without a valid reason and prevent at-fault parties from being sued for negligence that is too late. Each state sets its own statute of limitations and there are many nuances that differ between cases. In New York City you have three years in general to file a lawsuit in the event of 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 situations the statute of limitations may be extended or “tolled”. If you're injured due to negligence of a healthcare provider, for example the statute of limitations clock does not begin until you are aware of your injuries or the doctor has a reasonable expectation they will be discovered. This is referred to as the discovery rule, and it is a frequent exception. Another exception is when the injured person is a minor and in some cases the statute of limitations might not begin running until they reach a certain age. The most important thing to remember is that in the event that the statute of limitations expires at the end of the year, you will not be legally able to file a lawsuit for your injury. This is why it is imperative to consult with an injury lawyer immediately after the incident and determine how long you have left. Then, it is best to begin the process of submitting lawsuits before the deadline expires. In some cases when you delay too long, the evidence supporting your case could become outdated and difficult to prove. If you submit your claim too late, the insurance company and the party at fault will not take it seriously. Liability Analysis Your lawyer for injury will conduct a thorough analysis of liability after gathering all the facts and evidence. This will include reviewing the law, statutes as well as case law and legal precedents. Pontiac injury lawsuits will also analyze the injuries and accident in order to establish an appropriate reason to pursue claims against the responsible party. Personal injury lawyers spend more time evaluating complex or unusual accidents and unique legal theories which require an in-depth analysis. It is essential to recognize that there are a few situations where market share liability will properly assign the cost of injury among the companies who's products caused the injury. Market share liability is a tax imposed on one group of consumers who are paying for insurance on behalf of a different group of consumers. This affects social welfare. This is because it is not an absolute fact that tort law provides an insurance policy by spreading risk (either through tort damages or public nuisance abatement). Case Preparation The preparation for a trial takes time and money. It requires the collection of medical documents and auto mechanic invoices, police reports, photographs and video recordings, as well as any other evidence that can prove 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 open your book, which can be a challenge for some clients who value privacy. Making a convincing case for full compensation is expensive and time-consuming. Your lawyer will have to hire experts who are outside of their usual practice. For example an expert doctor will explain why you may need future surgery or an economist can explain how your injury has affected your life and the earning capacity. These experts can be costly and will most likely have to appear in court. Your lawyer will prepare an written demand document which will tell your story by 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 the loss of future earning capacity. It will also pay for your suffering and pain as well as any other economic or noneconomic losses. Keep in mind that the investigators and lawyers of the opposing side will be watching closely your actions. Your behavior should be respectful and professional. Any inappropriate actions or comments will be used against you in court, and it is essential to follow the advice of your physician and legal team.