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What Does an Injury Attorney Do? Lawyers for injury help clients navigate the legal terminology and paperwork frequently involved in personal injuries. Your lawyer will photograph the scene of the accident, gather your medical records, and speak with witnesses and experts. After an injury, the law allows you to claim compensation for your economic losses and pain and suffering. The most important thing is to act swiftly. Intentional Torts Intentional torts involve someone's deliberate actions to harm someone else. They are the civil equivalent to crimes like assault and robbery. As an injury lawyer you can assist victims of intentional torts in seeking financial compensation for their damages and injuries. Settlements for intentional torts are based upon two types of damages. The first is referred to as economic damages that are used to cover costs and expenses such as medical bills, property damage, lost income and more. Non-economic damages include intangible losses like pain and discomfort or discomfort, loss of enjoyment living as well as disability, disfigurement, and more. Some intentional torts can also be punitive in nature, which is designed to punish the offender and deter any future wrongdoing. As you can see from the above, it is essential that your injury lawyer be knowledgeable about the various kinds of intentional torts. Your lawyer must establish the defendant's intention to harm you in order to win your case. This can be difficult as 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 offensive contact. Assault occurs when someone points an arrow at you or threatens to hit you with a punch. But if the same person rams into 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 be able to claim negligence and tort, based on the circumstances. If someone drives recklessly, and the result is harm, they may be held responsible for negligence, but not necessarily for intentional tort since it was not their intention to cause the accident. If the driver deliberately hit your vehicle in order to harm you, this is considered to be an intentional act, and they would have to compensate you. Intentional torts are usually accompanied by criminal charges, and your lawyer will assist you navigate the legal process. Statute of limitations A statute of limitations is a legal rule that limits how long you have to bring a lawsuit relating to an injury. It is often similar to a clock which starts, is delayed or paused and then expires. A statute of limitations runs out when you are no longer able to file 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 unwarranted claims and to protect the parties at fault from being sued for negligence after it is too late. Each state has its own statute of limitations, and each case is unique. For example, in New York City, you generally have three years to file a personal injury lawsuit or a product liability suit. However, certain kinds of cases have different statutes of limitations, such as medical malpractice lawsuits which have a shorter timeframe. In certain circumstances the statute of limitations may be extended or “tolled”. If you're injured due to an unprofessional healthcare provider, such as, the time limit for a statute of limitations does not begin until either you find out about your injuries, or the doctor has a reasonable expectation that they will be discovered. This is called 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 certain cases, the statute of limitations might not begin running until they reach a specific age. It is important to keep in mind that if you fail to act within the time limit, you may lose the right to pursue a claim for injury. It is crucial to speak with an attorney for personal injuries as soon after the incident as you can to determine the remaining time you have. Then, it is recommended to start the process of submitting an action before the deadline expires. In some instances when you delay too long, the evidence for your case can become stale and difficult to prove. If you file your claim too late the insurance company as well as the party at fault will be less likely consider it a serious matter. Liability Analysis When your injury attorney collects all relevant facts and evidence in a case, they conduct a thorough liability analysis. This includes reviewing the law, statutes as well as case law and legal precedents. They will also examine the incident and injuries in order to establish the legal basis for filing a claim against the party responsible. Irvine injury lawyers can take longer for a personal injury lawyer to evaluate complicated or rare accident situations and unique legal theories that require a thorough analysis than for a simple auto accident. It is important to understand that there are very few instances where market share liability will properly assign the cost of injury among the companies whose products caused the injury. In the case of personal injury claims that seek traditional tort damages or public nuisance claims seeking some type of abatement, application of market share liability in these cases acts as a tax on one set of consumers in order to pay for insurance on another set of consumers' behalf. This reduces social benefits. This is due to the fact that tort law offers some type of insurance via risk spreading (either as tort damages or public nuisance abatement) is not true. Case Preparation The preparation of a case for trial takes time and resources. It requires the collection of medical documents, auto mechanic invoices along with police reports, videos and photos as well as any other evidence that will support your claim. The process is stressful and a good injury lawyer will help you understand what to expect from the other side of the table. Your lawyer will also require you to open your book, and this could be difficult for some clients who are adamant about privacy. It is expensive and time-consuming to construct an argument that is strong enough to win compensation. Your lawyer will need to employ experts in fields which are outside the scope of their practice, such as doctors who can provide a reason for why your injury might require future surgery or an economist who can demonstrate 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 a written demand package which will recount your story, describing the injuries you sustained. It will also include evidence of how your injuries have affected you. This will include a financial demand for all medical expenses, lost wages and future loss of earning potential. This will cover your pain, suffering and any other economic and non-economic losses. It is important to remember that you will be subjected to a lot of scrutiny by the other party's lawyers and investigators. Your behavior should be professional and respectful. In court, any unprofessional comments or actions will be used against your case. It is essential to follow the advice of your doctors and legal team.