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What Does an Injury Attorney Do? An injury attorney helps clients navigate complex legal procedures, medical and insurance jargon, and mounds of paperwork that often accompany personal injury cases. Your lawyer will photograph the scene of the accident, collect your medical records, and talk to witnesses and experts. The law permits you to be compensated for losses incurred in the form of economic loss as well as pain and suffering, and other damages. It is crucial to act swiftly. Intentional Torts Intentional torts involve someone's deliberate actions to hurt someone else. They are the equivalent to crimes such as assault and robbery. As an injury lawyer, you can aid victims of intentional torts by obtaining the financial compensation they deserve for their damages and injuries. Intentional tort settlements are based on two kinds of damages. The first is referred to as economic damages which cover expenses and costs such as medical bills property damage, lost income and more. Non-economic damages refer to tangible losses, like pain and discomfort, loss of enjoyment of living, disability, disfigurement and more. Punitive damages may be granted in certain intentional torts to punish the perpetrator or discourage future wrongdoing. As you will see, it's essential that your attorney for injury be well-versed in the different kinds of intentional torts. To win a case your lawyer needs to establish that the defendant intended to cause the harm you suffered. This can be a challenge because many intentional torts happen in the midst of an incident. A good example of an intentional tort is battery, which covers different types of contact that is offensive to someone else. Assault is when someone points a weapon at you or threatens you with a punch. If that same person crashes into your car it is likely to be viewed as an accident and not a deliberate offense. You may be able to claim for both negligence and an intentional tort, depending on the circumstances. For instance, if a person does something recklessly and causes an accident that hurts you, the driver could be held responsible for negligence but not for intentional tort because it was not their intent to cause the accident. If the driver deliberately hit your vehicle to cause harm to you, it is considered to be an intentional act, and they would have to compensate you. Intentional torts can be associated with criminal charges, and your lawyer will assist you navigate the legal system. Statute of Limitations A statute of limitation is a legal rule which sets the deadline for when you are able to file a lawsuit for an injury. It is often compared with the clock that starts at a certain time, is delayed or stopped, and then expires. The statute of limitations runs out when you cannot bring a lawsuit. The court will dismiss the case if the statute of limitations has expired. The law makes use of this to discourage individuals from bringing unwarranted lawsuits and protect the party at fault from being sued late for negligence. Each state has its own statutes of limitation, and each case is different. For instance in New York City, you generally have three years to start a personal injury or product liability lawsuit. Certain types of cases, like medical malpractice lawsuits are subject to a different time limit. In addition, the statute of limitations may be extended or “tolled” in certain cases according to the circumstances. For instance, if someone is injured due to a negligent health care provider, the clock on the statute of limitations does not start until you actually discover your injuries, or the doctor should have been able to reasonably discover the injuries. This is called the discovery rule and is an often-used 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 to run until they reach a certain age. It is important to remember that if you do not act within the specified timeframe, you may lose the right to sue for an injury. It is essential to speak with an attorney who specializes in personal injury immediately after the incident as possible to find out how much remaining time you have. It is then advisable to begin the process of filing lawsuits before the deadline has passed. In some instances, if you wait too long, the evidence supporting your case could become outdated and difficult to prove. In addition the at-fault party as well as their insurance company will be less likely to consider your claim seriously if filed too late. Liability Analysis When your injury attorney collects all relevant facts and evidence in a case they conduct a thorough liability analysis. This includes a thorough review of the law, statutes and case law. They will also look at the injuries and accident to determine the legal basis for filing claims against the responsible party. It is generally more time-consuming for a personal injury lawyer to analyze complex or unusual accident situations and unique legal theories that require a more thorough analysis than a simple auto accident. It is crucial to understand that market share liability is only applied in very limited circumstances, and will not properly divide the costs of injury among manufacturers whose products caused injury. In the case of personal injury claims that seek traditional tort damages or public nuisance claims requesting a type of abatement, application of market share liability in these instances is a form of taxation that requires one set of consumers in order to pay for insurance on another group of consumers' behalf and diminishes social welfare. This is due to the fact that tort law can provide a form of insurance through risk spreading (either as tort damages or public nuisance abatement) is unfounded. Case Preparation Preparing a case for trial takes time and money. It requires the collection of medical documents as well as auto mechanic invoices and police reports, as well as videos and photos as well as any other evidence that can support your claim. The process is stressful, and a good injury attorney will help you understand what to expect from the other side of the table. Your lawyer may also ask you to open your book. This can be difficult for clients who value privacy. The process of establishing a compelling argument for full compensation is expensive and time-consuming. Your lawyer will need to engage experts who are outside of their usual practice. For instance, a doctor can explain why you may need future surgery or an economist could explain how your injury has affected your life and ability to earn. These experts can be costly and will likely be required to testify in court. Your lawyer will draft a written demand form that will tell your story, detailing the injuries you sustained. It will also provide evidence on how your injuries have affected your life. This will include a monetary demand for all of your medical expenses as well as future loss of earning potential. This will cover your pain, suffering and any other economic and non-economic expenses. It is important to remember that you will be subject to a heightened scrutiny by the other party's lawyers and investigators. College Station injury lawsuit should 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 of your doctors and legal team.