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What Does an Injury Attorney Do? Lawyers for injury help clients navigate the legal terminology and paperwork often involved in personal injury cases. Your lawyer will photograph the accident scene, collect your medical records, and interview witnesses and experts. Following an accident The law permits you to claim compensation for the economic loss and pain and suffering. The key is to act quickly. Intentional Torts Intentional torts involve someone's deliberate actions in order to harm one another. They are the equivalent of crimes such as assault and robbery. As Montgomery for injury, you can help victims of an intentional tort seek financial compensation for their injuries and damages. Intentional tort settlements are based on two kinds of damages. The first is known as economic damages, which include costs and expenses such as medical bills property damage, lost income, and more. Non-economic damages refer to tangible losses, like discomfort and pain or discomfort, loss of enjoyment living, disability, disfigurement and more. Some intentional torts can also be punitive in nature, which is designed to punish the perpetrator and deter future wrongdoing. As you can see from the above, it is important that your injury lawyer be knowledgeable about the various kinds of intentional torts. Your lawyer will need to demonstrate the defendant's intention to hurt you to prevail in your case. This can be difficult, as many intentional torts are committed in the midst of a crisis. Battery is a good example of a tort that is deliberate. 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 that same person rams into your vehicle with their vehicle then it's likely be viewed as an accident, not a deliberate act of violence. You may be able to claim for negligence as well as an intentional tort, based on the circumstances. For instance, if someone is reckless and causes an accident that hurts you, the driver may be held accountable in negligence, but not for an intentional tort since it was not their intention to cause an accident. If, however, the driver deliberately struck your vehicle with their car in order to hurt you, it's an intentional tort and they would be held accountable to compensate you. Intentional torts can be associated with criminal charges, and your attorney will help you navigate the legal process. Statute of Limitations A statute of limitations is a law that limits how long you have to pursue a lawsuit for an injury. It is often compared to a clock that starts, can be delayed, or paused, and then finally expires. A statute of limitations runs out when you are unable to bring a lawsuit. The court will decide to dismiss the case if the statute of limitations has expired. The law uses this to discourage individuals from bringing unwarranted lawsuits and to protect the at-fault party from being sued too late for negligence. Each state has its own statute of limitations rules and there are many nuances that can differ from case to case. In New York City you have three years to file a lawsuit if you are claiming personal injury or product liability. Certain types of cases, like medical malpractice lawsuits have a different time limit. In addition, the statute of limitations can also be extended or “tolled” in certain cases in accordance with the circumstances. In the case of a person who is injured by a negligent health care provider, the timer on the statute of limitations will not begin until you have discovered your injuries or the doctor should have reasonably discovered the cause of the injury. This is known as the discovery rule, and is an often-used exception to the statute of limitations. Minors may be an exception. In certain cases, the statute of limitation could not start until the minor is of an age. The most important thing to remember is that when the statute of limitations expires, you will no longer be legally able to file a lawsuit for your injury. This is why it is imperative to consult with an injury lawyer as soon as possible after the incident and determine how long you have left. It is best to make a claim immediately following the incident. In certain cases the delay of waiting too long may cause the evidence to become stale, making it difficult to prove. If you make your claim too late the insurance company and the person who is at fault are less likely to consider it a serious matter. Liability Analysis If your lawyer for injury collects all the relevant information and evidence in a case they perform a thorough liability analysis. This will include reviewing the law, statutes as well as case law and legal precedents. They will also analyze the incident and injuries to determine the legal basis for filing a claim against the responsible party. It is generally more time-consuming for a personal injury lawyer to review complex or unique accident scenarios and unique legal theories that require a more thorough analysis than for a simple auto accident. It is crucial to recognize that market share liability is only applied in very limited circumstances and cannot properly allocate costs of injury between manufacturers whose products cause injury. In the context of personal injury lawsuits seeking traditional tort damages, or public nuisance claims seeking a type of abatement, application of market share liability in these cases serves as taxation on one set of consumers in order to pay for insurance on another set of consumers' behalf. It also reduces social welfare. This is due to the fact that tort law provides some type of insurance via risk spreading (either as tort damages or public nuisance abatement) is unfounded. Case Preparation Preparing a case for trial takes time and resources. It involves collecting medical documents, invoices for auto repair, 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 stress of the process. Your lawyer might also ask you to be an open book. This isn't easy for those who value privacy. Making a convincing case for full compensation is time consuming and expensive. Your lawyer will need to engage experts in areas that are not within the normal practice of his or her practice, such as a doctor who can explain the reason your injury could require further surgery, or an economist who can prove how much your injury has impacted your life and potential earnings. These experts can be costly and will likely be required to testify at the court. Your lawyer will draft an written demand document that will tell your story by explaining your injuries and providing the evidence of how your injuries affected your life. This includes a monetary demand for all of your medical expenses as well as future loss of earning potential. It will also provide for your suffering and pain as well as any other economic or non-economic loss. It is important to remember that you are subject to intense scrutiny by the lawyers of the other party and investigators. Your conduct should be courteous and professional. Any inappropriate comments or actions will be used against you in court. It is important to adhere to the advice of your physician and legal team.