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What Does an Injury Attorney Do? An injury attorney can help clients navigate complicated legal procedures as well as medical and insurance jargon and piles of paperwork that often accompany personal injury cases. Your lawyer will take photos of the accident scene, collect your medical records, and speak with witnesses and experts. After an injury After an accident, the law permits you to receive compensation for the economic loss and suffering. Acting quickly is key. Intentional Torts Intentional torts are those that involve someone's deliberate actions to harm one another. They are the equivalent in civil law to crimes such as assault and robbery. As an injury lawyer you can aid a victim of intentional torts in seeking financial compensation for their damages and injuries. Settlements for intentional torts are based upon two kinds of damages. The first type is known as economic damages, which covers costs and expenses such as medical bills, property damage and lost income. Non-economic damages are those that result from tangible losses, like pain and discomfort or discomfort, loss of enjoyment living, disability, disfigurement and more. Punitive damages can be awarded in certain intentional torts to punish the perpetrator or to deter future wrongful conduct. As you will see, it's essential that your lawyer for injury be aware of the various kinds of intentional torts. Your lawyer will need to prove the defendant's intent to hurt you to prevail in your case. This can be a challenge since many intentional torts happen in the midst of an incident. A good example of an intentional tort is battery, which includes various forms of offensive contact with someone else. Assault happens when someone aims an arrow at you or threatens to hit you with a punch. If the person who is threatening you crashes into your car it is likely to be considered an accident, and not a deliberate crime. Greenville injury lawyer might have a claim for both negligence and an intentional tort, depending on the specific circumstances. If someone drives recklessly, and the accident causes you injury, they could be held accountable 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 to hurt you, it is considered to be an intentional act and they would be required to compensate you. Intentional torts are usually associated with criminal charges, and your lawyer can help you navigate the legal system. Statute of Limitations A statute of limitations is a legal requirement which limits the time you can file a lawsuit over an injury. It is often compared with a clock that begins at a certain time, is delayed or stopped, and then expires. When the statute of limitations has expired it is no longer possible to file a claim and the case will be dismissed by the court. The law uses this to deter people from filing unwarranted lawsuits and protect the person at fault from being sued too late for negligence. Each state has its own statutes of limitation 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. Some types of cases, such as medical malpractice suits have a different time limit. Additionally, the statutory timeline may be extended or “tolled” in certain circumstances according to the circumstances. For instance, if a person is injured as a result of negligence by a health healthcare provider, the clock on the statute of limitations doesn't start until you actually discover your injuries or the doctor should have reasonably discovered them. This is called the discovery rule and is a common exception to the statute of limitations. Minors may be an exception. In some instances the statute of limitations may not begin until the minor reaches an age. The most important thing to keep in mind is that in the event that the statute of limitations expires in the next year, you won't be able to file a lawsuit for your injury. It is essential to speak with an attorney who specializes in personal injury immediately after the incident as you can to determine the remaining time you have. Then, it is best to start the process of submitting lawsuits before the deadline expires. In certain cases waiting too long could cause evidence to become old and difficult to prove. In addition the at-fault party and their insurance company will be less likely to consider your claim seriously if it is filed too late. Liability Analysis Your injury attorney will perform an extensive analysis of liability after gathering all facts and evidence. This includes reviewing the statutes, laws, case law, and legal precedents. Additionally, they will also examine the incident's circumstances and injuries to determine the legal basis to pursue the lawsuit against the responsible parties. Personal injury attorneys spend more time evaluating difficult or unusual accident scenarios and unique legal theories which require a thorough analysis. It is important to realize that market share liability can only be applied in a limited amount of circumstances and cannot properly assign the cost of injury to manufacturers whose products cause injuries. It doesn't matter if it's in the context of personal injury lawsuits seeking traditional tort damages, or public nuisance claims seeking some kind of abatement, the application of market share liability in these instances acts as a tax on one group of consumers to cover insurance on a different set of consumers' behalf and reduces social benefits. This is because it is not an absolute fact that tort law provides some kind of insurance spreading risk (either through tort damages or public nuisance abatement). Case Preparation Preparing for a trial takes time and resources. It involves gathering medical records and invoices for auto repairs, police reports and photographs, as well as other evidence to support your claim. A good lawyer for injuries will help you to deal with the pressure of the process. Your lawyer may also ask you to become an open book, and this could be difficult for certain clients who value their privacy. Making a convincing case for full compensation is costly and time-consuming. Your lawyer will need to engage experts in areas which are outside the scope of his or her practice, such as an expert doctor who can explain the reason your injury might require future surgery or an economist who can show how your injury has affected your life and potential earnings. These experts are costly and will most likely have to testify in the court. Your lawyer will draft a written demand form that will recount your story, including details of your injuries. It will also present evidence of how your injuries have affected your life. This will include the monetary value of all medical expenses, lost wages and any future loss of earning capacity. It will also cover your pain and suffering and any other economic or noneconomic loss. Be aware that the investigators and lawyers of the opposing side will be watching closely your actions. Your conduct must be professional and respectful. In court, any inappropriate actions or comments will be a source of criticism against you. It is essential to follow the advice from your doctors and your legal team.