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What Does an Injury Attorney Do? Injury lawyers assist clients in navigating the legal jargon and paperwork that are typically associated with personal injuries. Your lawyer will take photos of the accident scene as well as gather medical records, talk to witnesses and expert witnesses. Following an accident, the law allows you to claim compensation for the economic loss as well as suffering. Being quick to act is essential. Intentional Torts As the name implies intentional torts are person's deliberate acts to harm one another. They are the civil equivalent to crimes such as assault and robbery. As an injury lawyer you can assist victims of an intentional offense seek financial compensation for their injuries and damage. Settlements for intentional torts are based upon two types of damages. The first type is known as economic damages which covers expenses and costs like medical bills, property damage and lost income. The second category is non-economic damages which encompasses intangible losses like pain and suffering and loss of enjoyment of life and disability, disfigurement and many more. Some intentional torts can also include punitive damages that are designed to punish the perpetrator and deter future wrongdoing. As you can see from the above, it's crucial that your lawyer for injury be familiar with the different kinds of intentional torts. In order to win the court your lawyer needs to prove that the defendant actually intended to cause the harm you sustained. This isn't easy since many intentional torts are committed in the heat of the moment. 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 you with punches. However, if Palm Coast hits your vehicle with their vehicle then it's likely be viewed as an accident, not an intentional act of violence. You may be able claim both negligence and intentional tort depending on the circumstances. If someone is driving recklessly and the result is injury, they could be held responsible for negligence, but not necessarily for intentional tort, since it was not their intent to cause the incident. However, if the driver intentionally struck your vehicle with their vehicle in order to hurt you, it would be an intentional tort and they would be held accountable for compensating you. Your attorney will guide you through the legal process. Intentional torts often come with criminal charges. Statute of limitations A statute of limitations is a legal requirement that restricts the time that you have to file a lawsuit for an injury. It is often compared with a clock that begins and then is delayed or stopped, and then expires. A statute of limitations expires when you are unable to bring a lawsuit. The court will dismiss the case if the statute of limitations has expired. The law uses this to deter individuals from bringing unwarranted lawsuits and to protect the party at fault from being sued later for negligence. Each state has its own statute of limitations and every case is unique. For example in New York City, you generally have three years to bring a personal injury lawsuit or product liability lawsuit. Certain types of cases, such as medical malpractice suits are subject to a different time limit. In addition, the statute of limitations can be extended or “tolled” in certain instances depending on the circumstances. If you're injured due to negligence of a healthcare provider, for example the time limit for a statute of limitations does not begin until either you discover your injuries, or the doctor has a reasonable expectation they will be discovered. This is known as the discovery rule, and is an often-used exception to the statute of limitations. Another exception occurs when the injured person is a minor and in certain cases, the statute of limitations might not start to run until they reach a specific age. It is important to keep in mind that if you don't act within the time limit you could lose your right to sue for an injury. This is why it is imperative to consult with an injury lawyer as soon as you can after the incident to find out how much time you have left. It is recommended to make a claim as soon as you can after the incident. In certain cases waiting too long could cause the evidence to become outdated, making it more difficult to prove. In addition, the at-fault party and their insurance company are less likely to take your claim seriously if it's filed too late. Liability Analysis Your lawyer for injury will conduct an exhaustive analysis of the liability after gathering all the facts and evidence. This includes analyzing the law, statutes, case law, and legal precedents. In addition, they will examine the circumstances of the accident and injuries to establish the legal basis to pursue the claim against the responsible parties. It can take longer for a personal injury lawyer to analyze complex or unusual accident situations and unique legal theories that require an in-depth analysis than a simple auto accident. It is important to realize that market share liability is only applied in a limited amount of circumstances and cannot properly assign the cost of injury to manufacturers whose products cause 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 because the idea that tort law offers some type of insurance via risk spreading (either as tort damages or public nuisance abatement) is not true. Case Preparation Preparing for a trial requires time and resources. It involves collecting medical documents and auto mechanic invoices, police reports, photographs and video recordings and any other evidence that can support your claim. A good lawyer for injuries will help you for the stress of the case. Your lawyer will also ask you to open your book, and this could be difficult for certain clients who are adamant about privacy. The process of establishing a compelling argument for full compensation is costly and time-consuming. Your lawyer will have to employ experts that are outside of their usual practice. For instance doctors can explain why you may need future surgery or an economist could explain how your injuries have affected your life and earning potential. Experts in these fields can be costly and will likely need to testify in court. Your attorney will prepare a written demand document that will detail your story, detailing your injuries. It will also present evidence of how your injuries have affected you. This will include a financial demand for all medical expenses and lost wages as well as a future loss of earning potential. It will also provide for the pain and suffering you endured and any other non-economic or economic expenses. It is important to remember that you will be subject to a lot of scrutiny by the lawyers of the other party and investigators. Your conduct should be professional and respectful. In court, any unprofessional comments or actions will be a source of criticism against you. It is important to follow the advice from your medical professional and legal team.