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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 mounds of paperwork that often accompany personal injury cases. Your lawyer will photograph the accident scene, collect your medical records, and interview witnesses and experts. After an injury, the law allows you to receive compensation for your economic losses as well as pain and suffering. Acting quickly is key. Intentional Torts As the name suggests, intentional torts involve a person's deliberate actions to harm someone else. They are the civil equivalent to crimes such as assault and robbery. As an injury lawyer, you can help the victim of an intentional tort to seek financial compensation for their injuries and damage. Settlements for intentional torts are based upon two kinds of damages. The first type of damages is known as economic damages, which covers expenses and costs like medical bills property damage, medical bills and lost income. The second category is non-economic damages that cover intangible losses such as suffering and suffering as well as loss of enjoyment life, disability, disfigurement, and more. Punitive damages may be granted in certain intentional torts to punish the perpetrator or to deter future wrongdoing. As you can see, it's crucial that your injury attorney be aware of the various kinds of intentional torts. Your lawyer will need to establish the defendant's intention to harm you in order to prevail in your case. This can be difficult as many intentional torts are committed in the heat of the moment. Battery is a great example of a tort that is a deliberate act. It covers a wide range of offensive contact. For instance If someone shoots at you with a gun, or credibly threatens to punch you, it is considered to be an act of assault. But if the person also hits your vehicle with their car, it's likely going be viewed as an accident and not a deliberate act of violence. You may be able claim both negligence and intentional tort depending on the circumstances. For instance, if someone drives recklessly and causes an accident that hurts you, the driver may be held responsible for negligence but not for an intentional tort because it wasn't their intention to cause an accident. However, if the driver purposely hit your vehicle with their car to inflict harm on you, it would be an intentional tort and they would be responsible to compensate you. Intentional torts are usually associated with criminal charges, and your lawyer will assist you navigate the legal process. Statute of limitations A statute of limitations is a legal requirement which limits the time you can pursue a lawsuit for an injury. It is often compared with a clock which starts at a certain time, is delayed or paused until it expires. A statute of limitations runs out when you cannot make a claim. The court will dismiss the case if the statute has expired. The law is designed to deter people from filing unjustified lawsuits and to protect the party at fault from being sued later for negligence. Each state has its own statutes of limitations, and each case is unique. In New York City you have three years in general to file a lawsuit if you are claiming personal injury or product liability. However, certain kinds of cases have different statutes of limitations, for instance medical malpractice lawsuits, which have a shorter time frame. In certain circumstances the statute of limitations may be extended or “tolled”. In the case of a person who is injured by a negligent health healthcare provider, the clock on the statute of limitations will not begin until you have discovered your injuries or that the doctor should have been able to reasonably discover the cause of the injury. This is called the discovery rule and is an often-used exception to the statute of limitations. Another exception is when the injured person is a minor and in some instances, the statute of limitations may not start to run until they reach a certain age. It is important to keep in mind that if you do not act within the time frame you could lose your right to sue for an injury. This is the reason it is crucial to consult an injury attorney as soon as you can after the incident to find out how much time you have left. It is recommended to start a lawsuit as soon as possible after the incident. In certain cases, if you wait too long, the evidence for your case may become outdated and difficult to prove. Additionally, the at-fault party and their insurance company are less likely to take your claim seriously if filed too late. Liability Analysis Your lawyer for injury will conduct an extensive analysis of liability after gathering all the facts and evidence. This includes a thorough review of the laws, statutes and cases. Additionally, they will also analyze the accident circumstances and injuries to provide a valid rationale to pursue the claim 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 important to realize that market share liability is only applied in very limited circumstances, and will not properly assign the cost of injury to manufacturers whose products caused injuries. Norfolk injury attorney is a tax imposed on one group of consumers who are paying for insurance on behalf of another group of consumers. This reduces social welfare. This is because the notion that tort law offers some form of insurance through risk spreading (either as tort damages or public nuisance abatement) is unfounded. Case Preparation The preparation of a case for trial takes time and money. It involves gathering medical documents as well as invoices for auto repairs, police reports and photographs and other evidence to back up your claim. The process is stressful and a good injury lawyer will be able to help you prepare for what you can expect from the other side of the table. Your lawyer will also require you to become an open book, which can be difficult for certain clients who are adamant about privacy. Building a compelling case for full compensation is time consuming and expensive. Your lawyer will have to employ experts in fields which are outside the practice of his or her practice, like a doctor who can provide a reason for why your injury may require future surgery, or an economist who can prove how much your injury has affected your life and ability to earn. These experts are costly and will most likely have to testify at the court. Your lawyer will draft an official demand letter which will tell your story by explaining your injuries and providing the evidence of how your injuries have affected your life. This will include a financial demand for all of your medical bills, lost wages and the potential loss of earnings in the future. This will pay for your pain, suffering and any other economic and noneconomic loss. Keep in mind that the lawyers and investigators of the opposing side will be closely scrutinizing your actions. Your conduct should be professional and respectful. Any inappropriate actions or comments could be used against you in court. It is important to follow the advice of your physician and legal team.