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What Does an Injury Attorney Do? Injury lawyers assist clients in navigating the legal jargon and paperwork that are typically involved in personal injury cases. Your lawyer will take photos of the scene of the accident, collect your medical records, and talk to witnesses and experts. The law allows you to be compensated for losses incurred in the form of economic loss, pain and suffering and other damages. It is crucial to act fast. Intentional Torts As the name suggests intentional torts are person's deliberate acts to harm someone else. They are the equivalent in civil law to crimes such as assault and robbery. As an injury lawyer, you can assist victims of intentional torts by obtaining financial compensation for their damages and injuries. Settlements for intentional torts are based on two types of damages. The first kind of damage is known as economic damages which covers expenses and costs like medical bills, property damage and lost income. Non-economic damages include intangible losses, such as discomfort and pain, loss of enjoyment of living, disability, disfigurement and more. Certain intentional torts could include punitive damages that are designed to punish the offender and discourage future wrongdoing. As you can see from the above, it is important that your injury lawyer be familiar with the different kinds of intentional torts. Your lawyer will have to demonstrate the defendant's intention to hurt you to win your case. This can be difficult, as many intentional torts happen in the heat of a moment. A good example of an intentional tort is battery, which includes various types of contact that is offensive to an individual. Assault happens when someone aims an object at you or threatens to hit you with a punch. If, however, that person also hits your vehicle with their vehicle, it's likely going to be considered an accident and not a deliberate act of violence. You might have a claim for negligence as well as an intentional tort, depending on the circumstances. For instance, if a person drives recklessly and results in an accident that harms you, the driver could be held liable for negligence but not for an intentional tort, since it was not their intention to cause an accident. However, if a driver intentionally hit your vehicle with their vehicle to inflict harm on you, it would be an intentional tort and they would be liable to compensate you. Your attorney will help you navigate the legal procedure. Intentional torts often come with criminal charges. Statute of limitations A statute of limitations is a legal requirement that sets the deadline for when you are able to file suit for an injury. It is often compared with a clock which starts, can be delayed or paused and then expires. The statute of limitations runs out when you cannot file 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 also to shield the at-fault party from being sued too late for negligence. Each state has its own statutes of limitation and every case is unique. In New York City you have three years to file a lawsuit for personal injury or product liability. Certain types of cases, like medical malpractice lawsuits, have an additional time frame. In certain situations, the statutory deadline may be extended or “tolled”. For instance, if a person is injured by a negligent health care provider, the timer on the statute of limitations will not begin until you are aware of your injuries or that the doctor could reasonably have discovered the cause of the injury. This is known as the discovery rule and is a common 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 certain age. It is important to keep in mind that if you do not act within the time frame, you may lose the right to sue for an injury. Charleston injury attorneys is why it is essential to speak with an injury lawyer as soon as you can after the incident to find out how much time you have left. It is then advisable to begin the process of filing lawsuits before the deadline has passed. In certain situations, waiting too long can cause evidence to become outdated, making it more difficult to prove. If you submit 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 lawyer collects all the relevant information and evidence in a case they perform a thorough liability analysis. This includes analyzing the statutes, laws, case law, and legal precedents. In addition, they will also analyze the accident circumstances and injuries to provide the legal basis to pursue the claim against the parties responsible. It can take longer for a personal injury lawyer to review complex or unique accident situations and unique legal theories that require a thorough analysis than for a simple auto accident. It is crucial to understand that market share liability can only be used in a very limited number of situations, and will not properly assign the cost of injury to producers whose products have caused injuries. Whether it is in the context of personal injury lawsuits seeking traditional tort damages, or public nuisance claims seeking some type of abatement, application of market share liability in these instances is a form of taxation that requires one set of consumers to pay for insurance on a different set of consumers' behalf. It also reduces social benefits. This is because it isn't an absolute fact that tort law provides some form of insurance by spreading risk (either through tort damages or public nuisance abatement). Case Preparation Preparing for a trial takes time and money. It involves collecting medical documents as well as invoices for auto repair, police reports and photographs, as well as other evidence to back up your claim. The process can be stressful and a good injury attorney will be able to help you prepare for what to expect from the other side of the table. Your lawyer will also ask you to become an open book, and this could be a challenge for some clients who value privacy. The process of establishing a compelling argument for full compensation is costly and time-consuming. Your lawyer will have to engage experts who are outside of their normal work. For instance an expert doctor can explain why you may require future surgery, or an economist can show how your injuries have affected your life and your ability to earn. These experts can be costly and will likely be required to testify in the court. Your attorney will prepare an written demand document that tells 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 expenses, lost wages and future loss of earning potential. This will cover your pain, suffering as well as any other economic or non-economic expenses. Be aware that the investigators and lawyers of the opposing side will be closely scrutinizing your actions. Your conduct must be professional and respectful. Any inappropriate behavior or remarks could be used against you in court. It is important to adhere to the advice of your doctor and legal team.