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What Does an Injury Attorney Do? An injury attorney can help clients navigate complex legal procedures, medical and insurance jargon and piles of paperwork that are often associated with personal injury cases. Your lawyer will take photos of the accident scene as well as gather medical records, and interview 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. Being quick to act is essential. Intentional Torts Intentional torts are the result of deliberate actions by a person to harm someone else. They are the equivalent in civil law to crimes like assault and robbery. As an attorney for injury you can assist a victim of an intentional tort to seek financial compensation for their injuries and damages. Settlements for intentional torts are based on two types of damages. The first is known as economic damages which include costs and expenses such as medical bills, property damage, lost income and more. The other category is non-economic damage that cover intangible losses, such as pain and suffering as well as loss of enjoyment life, disability, disfigurement, and many more. Some intentional torts may also involve punitive damages which are intended to punish the perpetrator and deter future wrongdoing. As you can see from the above, it is essential that your injury lawyer be familiar with the different kinds of intentional torts. To win an instance your lawyer needs to show that the defendant actually intended to cause the harm you sustained. 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 broad range of offensive contact. For instance when someone shoots at you with a gun or crediblely threatens to punch you, it is considered assault. However, if that same person rams into your vehicle with their vehicle, it's likely going to be considered an accident, not an intentional act of violence. You could be able to be able to claim negligence and tort, based on the circumstances. If Santa Clarita injury lawyer is driving recklessly and the crash causes you injury, they could be held responsible for negligence, but not intentional tort, since it was not their intent to cause the incident. If, however, the driver purposely hit your vehicle with their car in order to hurt you, it would be an intentional tort and they would be responsible for compensating you. Intentional torts are usually followed by criminal charges and your lawyer will assist you navigate the legal system. Statute of limitations A statute of limitations is a legal rule which limits the time you can pursue a lawsuit for an injury. It is often like a clock that starts, can be delayed or paused and then eventually expires. The statute of limitations runs out when you are unable to bring a lawsuit. The court will decide to dismiss the case if the statute has expired. The law is designed to deter people from filing unjustified lawsuits and protect the party at fault from being sued too late for negligence. Each state has its own statutes 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. Certain types of cases like medical malpractice lawsuits have different deadlines. Additionally, the statutory timeline can also be extended or “tolled” in certain circumstances in accordance with the circumstances. In the case of a person who is injured by a negligent health healthcare provider, the clock on the statute of limitations doesn't begin until you are aware of your injuries or that the doctor could reasonably have discovered the injuries. This is referred to as the discovery rule and it's a common exception. A minor can be an exception. In some instances, the statute of limitation may not begin until the minor is of the age of. It is important to keep in mind that if you do not act within the time limit you could lose the right to sue for an injury. This is why it is imperative to consult with an injury lawyer immediately after the incident and determine the amount of time you have left. Then, it is best to start the process of submitting lawsuits before the deadline has passed. In certain cases waiting too long could result in evidence becoming old and difficult to prove. Additionally the at-fault party and their insurance company are less likely to take your claim seriously if it is 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 analyzing the law, statutes as well as case law and legal precedents. They will also look at the accident and injuries to determine an appropriate reason to pursue claims against the responsible party. Personal injury attorneys are more adept at analyzing difficult or unusual accident scenarios and unique legal theories that require a thorough analysis. It is important to understand that there are very few contexts in which market share liability will properly assign the cost of injury to the manufacturers who's products cause the injury. Whether it is in the context of personal injury claims seeking traditional tort damages, or public nuisance claims seeking a type of abatement, application of market share liability in these cases is a form of taxation that requires one set of consumers to pay for insurance on another group of consumers' behalf. This reduces social welfare. This is because it is not an absolute fact that tort law provides an insurance policy by spreading risk (either through tort damages or public nuisance abatement). Case Preparation Preparing for a trial requires time and resources. It requires the collection of medical records as well as auto mechanic invoices along with police reports, photographs and video recordings as well as any other evidence that will back your claim. The process can be a stressful one and a reputable injury lawyer will be able to help you prepare for what to expect from the other side of the table. Your lawyer might also ask you to be an open book. This can be difficult for those who value privacy. It's expensive and time-consuming to construct a strong case for full compensation. Your lawyer will have to engage experts in areas that are outside the normal scope of his or her practice, such as an expert doctor who can explain the reason your injury may require future surgery or an economist who can show how much your injury has affected your life and your ability to earn. These experts can be costly and are likely to be required to testify in court. Your attorney will prepare an written demand document that will detail your story, describing the injuries you sustained. It will also provide evidence of how your injuries have affected you. This will include a monetary demand for all of your medical bills and lost wages as well as a the potential loss of earnings in the future. This will cover your suffering, pain as well as any other economic or noneconomic loss. It is crucial to keep in mind that you will be subjected to a heightened scrutiny by the lawyers of the other party and investigators. Your conduct should be courteous and professional. Any inappropriate actions or comments will be used against you in court. It is crucial to follow the advice of your doctor and legal team.