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What Does an Injury Attorney Do? An injury attorney helps clients navigate complex legal procedures as well as medical and insurance jargon and mountains of paperwork that are often associated with personal injury cases. Your lawyer will photograph the accident scene, collect your medical records, and speak with witnesses and experts. Following an accident, the law allows you to claim compensation for the economic loss and pain and suffering. The key is to act swiftly. Intentional Torts Intentional torts are those that are the result of deliberate actions by a person to harm another. They are the civil equivalent of crimes like assault and robbery. As an injury lawyer you can help a victim of intentional torts by obtaining financial compensation for their losses and injuries. Intentional tort settlements are based on two kinds of damages. The first kind of damage is known as economic damages, which cover costs and expenses like medical bills as well as property damage and lost income. Non-economic damages are those that result from intangible losses, such as discomfort and pain and loss of enjoyment of living, disability, disfigurement and more. Some intentional torts can also include punitive damages that are intended to punish the perpetrator and deter future wrongdoing. As you can see from the above, it is important that your injury lawyer be knowledgeable about the various types intentional torts. In order to win an instance your lawyer needs to show that the defendant actually intended to cause the damage you suffered. This isn't easy, as many intentional torts occur in the midst of a crisis. Battery is a good example of a tort that is deliberate. It covers a wide range of contact that is offensive. Assault happens when someone aims an object at you or threatens to hit you with a punch. If the same person drives into your car It is likely to be considered an accident, and not a crime committed with intent. You may be able to claim for negligence as well as an intentional tort, based on the circumstances. For instance, if a person is reckless and causes an accident that hurts you, the driver may be held liable for negligence, but not for intentional tort since it wasn't their intention to cause an 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 often come with criminal charges. Statute of Limitations A statute of limitation is a legal rule which sets the deadline for when you are able to file suit for an injury. It is often like a clock that starts, can be delayed, or paused, and then eventually expires. When a statute of limitations expires, you can no longer pursue a claim, and the case will be dismissed by the court. This is a method for the law to discourage people from filing unwarranted claims and protect at-fault parties from being sued for negligence after it is too late. Each state has its own statute of limitations and there are a variety of nuances that vary between cases. For instance, in New York City, you generally have three years to start a personal injury or a product liability suit. Cincinnati injury attorney of cases, like medical malpractice lawsuits have a different time limit. In certain situations the statute of limitations may be extended or “tolled”. In the case of a person who is injured by a negligent health healthcare provider, the clock on the statute of limitations will not start until you actually discover 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 is when the injured person is a minor, and in some cases the statute of limitations might not begin running until they reach a certain age. The most important thing to keep in mind is that if the statute of limitations expires in the next year, you won't be legally able to file a lawsuit for your injury. It is essential to speak with a personal injury attorney as soon as possible to find out the amount of time you have. Then, it is best to start the process of filing an action before the deadline has passed. In certain cases, if you wait too long, the evidence in your case could become outdated and difficult to prove. If you submit your claim too late the insurance company and the person responsible for the mistake will not consider it a serious matter. Liability Analysis When your injury attorney collects all the relevant information and evidence in a case, they conduct a thorough analysis. This includes analyzing the law, statutes as well as case law and legal precedents. In addition, they will also examine the incident's circumstances and injuries to establish an appropriate basis for pursuing the lawsuit against the responsible parties. It can take longer for a personal injury lawyer to review complex or unique accident situations and unique legal theories that require an in-depth analysis than for a simple auto accident. It is important to understand that there are very few instances where market share liability will properly assign the cost of injury among the companies who's products caused the injury. Market share liability is a tax imposed on one group of consumers who are paying for insurance on behalf of another group of consumers. This reduces social welfare. This is because it is not true that tort law offers some kind of insurance spreading risk (either through tort damages or public nuisance abatement). Case Preparation The preparation of a case for trial requires time and effort. It requires the collection of medical documents as well as auto mechanic invoices, police reports, photographs and video recordings and any other evidence to back your claim. The process can be a stressful one and a good injury lawyer will be able to help you prepare 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 those who value privacy. The process of establishing a compelling argument for full compensation is costly and time-consuming. Your lawyer will need to employ experts that are not part of their normal practice. For instance an expert doctor will explain why you may need future surgery or an economist can show how your injury has affected your life and ability to earn. These experts can be costly and will likely need to testify in the courtroom. Your attorney will prepare an written demand document that will recount your story, including details of your injuries. It will also present evidence on how your injuries have affected your life. This will include a financial demand for all medical bills as well as the potential loss of earnings in the future. It will also provide for your suffering and pain as well as any other economic or non-economic loss. It is crucial to keep in mind that you are subject to a heightened scrutiny by the lawyers of the other side and investigators. Your conduct should be courteous and professional. Any inappropriate actions or comments can be used against you in court, and it is crucial to adhere to the advice of your physician and legal team.