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What Does an Injury Attorney Do? An injury attorney can help clients navigate complicated legal procedures as well as medical and insurance jargon and mountains of paperwork that usually accompany personal injury cases. Your lawyer will take photos of the accident scene and gather medical records, talk to witnesses and expert witnesses. Following an accident After an accident, the law permits you to claim compensation for your economic losses and pain and suffering. It is crucial to act quickly. Intentional Torts As the name suggests intentional torts refer to a person's deliberate acts to harm another. They are the equivalent in civil law to crimes like assault and robbery. As an injury lawyer, you can aid those who have been victims of intentional torts to seek the financial compensation they deserve for their damages and injuries. Settlements for intentional torts are based on two kinds of damages. The first type of damages is known as economic damages which covers expenses and costs like medical bills as well as property damage and lost income. Non-economic damages include intangible losses like pain and discomfort, loss of enjoyment of living, disability, disfigurement and more. Certain intentional torts could involve punitive damages which are designed to punish the perpetrator and discourage future wrongdoing. As you will see, it's essential that your attorney for injury be knowledgeable about the different types of intentional torts. Your lawyer will have to demonstrate the defendant's intention to harm you in order to be successful in your case. This can be a challenge as many intentional torts are committed in the midst of the moment. A good example of an intentional tort is battery, which covers various forms of arousing contact with an individual. Assault is when someone points an object at you or threatens you with a punch. If that same person crashes into your car it is likely to be considered an accident and not a crime committed with intent. You may be able to assert negligence as well as 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 accountable in negligence, but not for intentional tort, since it was not their intention to cause an accident. If, however, the driver deliberately hit your vehicle with their car to inflict harm on you, it's an intentional tort and they would be held accountable for compensating 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 rule which limits the time you have to file a lawsuit for an injury. It is often similar to a clock which starts, can be delayed, or paused and then finally 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 makes use of this to stop individuals from bringing unwarranted lawsuits and to protect the party at fault from being sued later for negligence. Each state has its own statute of limitations rules, and there are many nuances that differ between cases. For instance in New York City, you generally have three years to start a personal injury or product liability lawsuit. Certain types of cases, such as medical malpractice suits are subject to different deadlines. Additionally, the statutory timeline can also be extended or “tolled” in certain cases in accordance with the circumstances. If you're injured by an unprofessional healthcare provider, for example, the statute of limitations clock does not begin until you find out about your injuries, or the doctor has a reasonable expectation that they will be discovered. This is referred to as the discovery rule and it is a common exception. Minors can also be an exception. In some cases the statute of limitations will not begin until a minor is of an age. The most important thing to keep in mind is that in the event that the statute of limitations expires, you will no longer be able to file a lawsuit for your injury. This is the reason it is crucial to speak with an injury lawyer as soon as you can after the incident to find out how much time you have left. Then, it is recommended to begin the process of filing an action before the deadline passes. In some instances when you are waiting too long, the evidence for your case may become outdated and difficult to prove. If you submit your claim too late the insurance company and the person responsible for the mistake are less likely to consider it a serious matter. Liability Analysis Your injury attorney will perform a thorough analysis of responsibility after gathering all the facts and evidence. This includes analyzing the law, statutes as well as case law and legal precedents. They will also analyze the accident and injuries to determine a valid reason for pursuing an action against the responsible party. Personal injury lawyers take more time to analyze complex or unusual accidents and unique legal theories that require a thorough analysis. It is crucial to realize that there are very few instances where market share liability is able to assign the cost of injury among manufacturers whose products caused the injury. It doesn't matter if it's in the context of personal injury claims seeking traditional tort damages or public nuisance claims seeking a form of abatement, the application of market share liability in these situations is a form of taxation that requires one set of consumers to pay for insurance on a different group of consumers' behalf. It also diminishes social welfare. This is because it's 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 money. It requires collecting medical documents and auto repair invoices, police reports and photographs along with other evidence to support your claim. A skilled injury lawyer will prepare you to handle the pressure of the process. Your lawyer may also ask you to sign an open book, which can be difficult for certain clients who value privacy. It is expensive and time-consuming to construct a strong case for full compensation. Your lawyer will have to engage experts who are not part of their usual practice. For instance an expert doctor can explain why you might require a future procedure, or an economist can show how your injuries have affected your life and earning potential. These experts can be expensive and will most likely need to be a witness in the courtroom. Your attorney will prepare a written demand package that will tell your story by detailing your injuries and presenting the evidence of how your injuries have impacted your life. This will include a monetary claim for all medical expenses, lost wages, and future loss of earning capacity. It will also cover your pain and suffering and any other non-economic or economic losses. Remember that the investigators and lawyers of the opposing side will be closely scrutinizing your actions. Macon injury attorneys should be courteous and professional. Any inappropriate behavior or remarks could be used against you in court, and it is important to adhere to the advice of your doctors and legal team.