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What Does an Injury Attorney Do? Injury attorneys help clients navigate the legal terminology and paperwork frequently involved in personal injuries. Your lawyer will take photos of the scene of your accident as well as gather medical records, interview witnesses and expert witnesses. Following an accident After an accident, the law permits you to claim compensation for your economic losses as well as suffering. The key is to act quickly. Intentional Torts Intentional torts are the result of deliberate actions by a person to harm another. They are the equivalent to crimes such as assault and robbery. As an injury lawyer, you can help victims of an intentional offense seek financial compensation for their injuries and the damages. Intentional tort settlements are based on two types of damages. The first type is known as economic damages which covers expenses and costs such as medical bills, property damage and lost income. Non-economic damages refer to intangible losses, such as pain and discomfort, loss of enjoyment of living as well as disability, disfigurement, and more. Punitive damages can be awarded in certain intentional torts to punish the perpetrator or to deter future wrongdoing. As you will see, it's essential that your injury attorney be knowledgeable about the different types of intentional torts. Your lawyer must establish the defendant's intention to hurt you to win your case. This isn't easy since many intentional torts are committed in the midst of the moment. Battery is a good example of a tort that is a deliberate act. It covers a broad range of offensive contact. Assault is when someone points an arrow at you or threatens to hit you with punches. If that same person crashes into your car, it will likely be considered an accident and not a deliberate offense. You could be able to be able to claim negligence and tort based on the specific circumstances. If someone drives recklessly, and the accident causes you harm, they could be held responsible for negligence, but not for intentional tort since it was not their intention to cause the accident. However, if a driver intentionally struck your vehicle with their car in order to harm you, it's an intentional tort and they would be liable for compensation. Your lawyer will assist you through the legal procedure. Intentional torts are often associated with criminal charges. Statute of limitations A statute of limitations is a legal provision that sets the deadline for when you are able to file suit against an injury. It is often compared to a clock that begins, can be delayed or paused until it expires. When a statute of limitations expires and you are no longer able to file a claim and the case will be dismissed by the court. This is a method to deter people from filing claims that are not warranted and to protect the parties at fault from being sued for negligence too late. Each state sets its own statute of limitations and there are many nuances that vary between cases. In New York City you have three years generally to file a lawsuit in the event of personal injury or product liability. Certain types of cases like medical malpractice lawsuits, have a different time limit. Additionally, the statutory timeline may be extended or “tolled” in certain cases depending on the circumstances. If you're injured by negligence of a healthcare provider, such as the statute of limitations clock does not begin until you are aware of your injuries or the doctor has a reasonable expectation they will be discovered. This is known as the discovery rule, and it is a common exception. Minors may also be a exception. In Waukegan injury lawsuits youtube.com of limitations will not begin until a minor reaches an age. The most important thing to keep in mind is that in the event that the statute of limitations expires at the end of the year, you will not be legally able to file a lawsuit for your injury. This is why it is essential to speak with an injury lawyer immediately after the incident to determine how long you have left. It is recommended to file a lawsuit immediately following the incident. In some cases, waiting too long can cause the evidence to become outdated, making it more 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 it's filed too late. Liability Analysis Your lawyer will conduct an exhaustive analysis of the liability 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 incident and injuries in order to establish a valid reason for pursuing an action against the responsible party. It can take longer for a personal injury lawyer to analyze complex or unusual accident scenarios and unique legal theories that require a thorough analysis than a simple auto accident. It is important to realize that market share liability can only be applied in very limited circumstances and cannot properly divide the costs of injury among manufacturers whose products cause injury. Whether it is in the context of personal injury lawsuits seeking traditional tort damages or public nuisance claims requesting a kind of abatement, the application of market share liability in these cases serves as taxation on one set of consumers to pay for insurance on another group of consumers' behalf. This diminishes social welfare. This is because the notion 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 resources. It involves collecting medical documents as well as auto mechanic invoices and police reports, as well as videos and photos and any other evidence to prove your claim. The process can be stressful and a good injury lawyer will help you understand what to expect from the other side of the table. Your lawyer may also ask you to be an open book. This can be difficult for clients who are sensitive to privacy. It's costly and time-consuming to construct an effective case for full compensation. Your lawyer will have to engage experts who are outside of their normal practice. For example an expert doctor will explain why you may require a future procedure, or an economist could explain how your injury has affected your life and the earning potential. These experts can be costly and will most likely have to testify in court. Your attorney will prepare a written demand form that will detail your story, including details of the injuries you sustained. It will also present evidence on how your injuries have affected you. This will include an amount of money to cover all of your medical expenses, lost wages and future loss of earning capacity. This will cover your pain, suffering and any other economic and non-economic losses. Remember that the lawyers and investigators of the opposing side will be closely watching your actions. Your conduct should be courteous and professional. In court, any unprofessional remarks or actions could be considered against your case. It is essential to follow the advice of your medical professional and legal counsel.