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What Does an Injury Attorney Do? An injury attorney helps clients navigate complicated legal procedures as well as medical and insurance jargon and piles of paperwork that usually accompany personal injury cases. Your lawyer will take photographs of the scene of your accident and gather medical records, interview witnesses and experts. The law permits you to be compensated for financial losses as well as pain and suffering, and other damages. Acting quickly is key. Intentional Torts Intentional torts are those that are the result of deliberate actions by a person in order to harm someone else. They are the civil equivalent of crimes like assault and robbery. As an injury attorney you can assist victims of an intentional offense seek financial compensation for their injuries and damage. Intentional tort settlements are based on two types of damages. The first is referred to as economic damages that cover expenses and costs like medical bills, property damages, lost income and more. Non-economic damages are those that result from intangible losses, such as pain and discomfort, loss of enjoyment of living as well as disability, disfigurement, and more. Punitive damages may be granted in certain intentional torts to punish the perpetrator or discourage future wrongful conduct. As you can see, it is essential that your attorney for injury be aware of the various types of intentional torts. To win the court your lawyer must be able to establish that the defendant intended to cause the damage you sustained. This can be a challenge, as many intentional torts occur in the heat of a moment. An excellent example of an intentional tort is battery, which covers various forms of contact that is offensive to an individual. Assault occurs when someone points a weapon at you or threatens to hit you with punches. If that same person is able to drive into your vehicle, it will likely be considered an accident and not a deliberate crime. You could be able to claim both negligence and intentional tort depending on the circumstances. If someone drives recklessly, and the result is harm, they could be held accountable for negligence, but not for intentional tort, since it was not their intention to cause the accident. If the driver intentionally struck your vehicle in order to cause harm to you, this would be an intentional tort and they would be required to compensate you. Your attorney will help you navigate the legal process. Intentional torts usually come with criminal charges. Statute of limitations A statute of limitations is a legal requirement which limits the time you have to pursue a lawsuit for an injury. It is often compared to the clock that starts at a certain time, is delayed or paused and then expires. When the statute of limitations has expired it is no longer possible to make a claim and the case will be dismissed by the court. Bolingbrook injury attorneys YouTube makes use of this to stop people from filing unjustified lawsuits and protect the at-fault party from being sued too late for negligence. Each state has its own statute of limitations and every situation is different. In New York City you have three years in general to file a lawsuit for personal injury or product liability. However, certain types of cases have different statutes of limitations such as medical malpractice lawsuits that have a shorter period of time. Additionally, the statutory timeline can be extended or “tolled” in certain instances according to the circumstances. For instance, if someone is injured by a negligent health care provider, the clock on the statute of limitations does not begin until you are aware of your injuries, or the doctor should have reasonably discovered the cause of the injury. This is called the discovery rule and is an common exception to the statute of limitations. Another exception occurs when the injured person is a minor and in some instances, the statute of limitations may not begin running until they reach a certain age. It is crucial to remember that if you fail to act within the time frame you could lose your right to sue for an injury. This is why it is essential to consult an injury attorney as soon as you can after the incident to find out how much time you have left. It is recommended to make a claim as soon as you can after the incident. In certain cases the delay of waiting too long may result in evidence becoming old and difficult to prove. Additionally the at-fault party as well as their insurance company will be less likely to consider your claim seriously if it's filed too late. Liability Analysis Your injury attorney will perform an extensive analysis of responsibility after gathering all the facts and evidence. This includes reviewing the statutes, laws as well as case law and legal precedents. They will also look at the incident and injuries to determine the legal basis for filing claims against the responsible party. It can take longer for a personal injury lawyer to evaluate complicated or rare accident scenarios and unique legal theories that require an in-depth analysis than for a straightforward auto accident. It is important to realize that market share liability is only applied in very limited circumstances, and will not properly assign the cost of injury to manufacturers whose products cause injury. Market share liability is a tax imposed on one group of consumers that is paying for insurance on behalf of another group of consumers. This is a negative impact on social welfare. This is because it is not true that tort law offers some form of insurance by spreading risk (either through tort damages or public nuisance abatement). Case Preparation Preparing a trial case requires time and effort. It involves collecting medical records, auto mechanic invoices and police reports, as well as photographs and video recordings and any other evidence to support your claim. A skilled injury lawyer will prepare you for the stress of the process. Your lawyer might also ask you to open your book. This can be a challenge for those who value privacy. It's expensive and time-consuming to create an effective case for full compensation. Your lawyer will need to employ experts in fields that are not within the normal practice of his or her practice, for instance, a doctor who can explain the reason your injury could require further surgery or an economist who can prove how your injury has affected your life and ability to earn. These experts are expensive and are likely to be required to testify in court. Your lawyer will draft an official demand letter that tells your story through explaining your injuries and providing the evidence of how your injuries have affected your life. This will include a monetary claim for all of your medical expenses, lost wages, and any future loss of earning capacity. It will also pay for your pain and suffering and any other non-economic or economic expenses. Remember that the lawyers and investigators of the other side will be watching closely your actions. Your conduct should be professional and respectful. In court, any inappropriate actions or comments will be considered against your case. It is important to follow the guidelines of your medical professional and legal counsel.