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What Does an Injury Attorney Do? Injury attorneys help clients navigate the legal jargon and paperwork that are typically involved in personal injury cases. Your lawyer will snap photos of the scene of your accident as well as gather medical records, talk to witnesses and experts. The law allows you to receive compensation for economic losses or pain and suffering as well as other damages. It is crucial to act fast. Intentional Torts Intentional torts are the result of deliberate actions by a person to hurt another. They are the equivalent to crimes such as assault and robbery. As an injury lawyer, you can assist those who have been victims of intentional torts in seeking financial compensation for their losses and injuries. Settlements for intentional torts are based on two kinds of damages. The one is referred to as economic damages which include costs and expenses such as medical bills property damages, lost income and more. Non-economic damages refer to intangible losses like discomfort and pain and loss of enjoyment of living disabilities, disfigurement, disability and more. Punitive damages are awarded in some intentional torts to punish the perpetrator or deter future wrongful conduct. As you can see from the above, it is essential that your injury lawyer be familiar with the different types intentional torts. Your lawyer will have to establish the defendant's intention to hurt you to prevail in your case. This can be a challenge because many intentional torts occur in the midst of a crisis. An excellent example of an intentional tort is battery, which includes various types of offensive contact with someone else. Assault happens when someone aims an arrow at you or threatens you with a punch. If, however, that same person rams into your vehicle with their car it's likely to be considered an accident and not a deliberate act of violence. You may be able claim both negligence and intentional tort depending on the circumstances. For instance, if a person does something recklessly and results in an accident that harms you, the driver could be held accountable for negligence, but not for intentional tort since it was not their intention to cause an accident. If the driver intentionally struck your vehicle to cause harm to you, this would be an intentional tort and they would be required to compensate you. Your lawyer will assist you through the legal process. Intentional torts often come with criminal charges. Statute of Limitations A statute of limitation is a legal requirement that restricts the time that you have to file suit against an injury. It is often compared to a clock that starts, can be delayed or paused and then finally expires. When the statute of limitations has expired, you can no longer file a claim and the case will be dismissed by the court. The law uses this to stop people from filing unjustified lawsuits, and also to shield the person at fault from being sued late for negligence. Each state has its own statute of limitations and each case is different. In New York City you have three years in general to file a lawsuit if you are claiming personal injury or product liability. Some types of cases, such as medical malpractice suits have a different time limit. In addition, the statute of limitations can be extended or “tolled” in certain cases depending on the circumstances. If you're injured due to an unprofessional healthcare provider, such as, the statute of limitations clock will not begin until either you discover your injuries, or the doctor has a reasonable expectation they will be discovered. This is referred to as the discovery rule and it is a frequent exception. Another exception occurs when the injured person is a minor and in some cases the statute of limitations might not start to run until they reach a certain age. It is important to remember that if you don't act within the specified timeframe you could lose the right to sue for injury. Sunnyvale injury lawsuit www.youtube.com is why it is imperative to consult an injury attorney as soon as you can after the incident and find out how much time you have left. Then, it is best to begin the process of submitting an action before the deadline passes. In some instances when you delay too long, the evidence supporting your case may become outdated and difficult to prove. If you file your claim too late the insurance company and the person who is at fault will be less likely consider it a serious matter. Liability Analysis Your lawyer will conduct an extensive analysis of liability after gathering all the facts and evidence. This includes a thorough study of the law, statutes and case law. Additionally, they will also examine the incident's circumstances and injuries to establish the legal basis for pursuing the claim against the parties responsible. It can take longer for a personal injury lawyer to review complex or unique accident circumstances and unique legal theories that require an in-depth analysis than for a simple auto accident. It is important to realize that market share liability can only be used in a very limited number of situations and cannot properly allocate costs of injury between manufacturers whose products caused injury. Market share liability is a tax on one group of consumers that is paying for insurance on behalf of a different group of consumers. This affects social welfare. This is because the notion that tort law provides some kind of insurance through risk spreading (either as tort damages or public nuisance abatement) is not true. Case Preparation Preparing a case for trial requires time and effort. It involves gathering medical records, auto mechanic invoices along with police reports, videos and photographs, as well as any other evidence that will back your claim. The process can be a stressful one, and a reputable injury lawyer will prepare you for what to expect from the other side of the table. Your lawyer may also ask you to open your book. This can be a challenge for clients who are sensitive to privacy. Making a convincing case for full compensation is expensive and time-consuming. Your lawyer will have to hire experts in fields which are outside the scope of their practice, like a doctor who can explain the reason your injury may require future surgery, or an economist who can prove how your injury has impacted your life and potential earnings. These experts can be costly, and they will likely be required to testify in court. Your lawyer will draft a written demand form that will recount your story, detailing your injuries. It will also provide evidence of how your injuries have affected your life. This will include a monetary demand for all of your medical expenses, lost wages and the potential loss of earnings in the future. This will cover your pain, suffering and any other economic and noneconomic losses. It is important to remember that you will be subjected to intense scrutiny by the lawyers of the other side and investigators. Your behavior should be respectful and professional. Any inappropriate behavior or remarks will be used against you in court, and it is essential to follow the advice of your doctors and legal team.