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What Does an Injury Attorney Do? An injury attorney can help clients navigate the complicated legal process as well as medical and insurance jargon, and mounds of paperwork that usually accompany personal injury cases. Your lawyer will snap photos of the scene of your accident and gather medical records, talk to witnesses and expert witnesses. After an injury After an accident, the law permits you to claim compensation for the economic loss as well as suffering. It is crucial to act quickly. Intentional Torts As the name implies, intentional torts involve a person's deliberate acts to harm one another. They are the equivalent to crimes such as assault and robbery. As an injury lawyer, you can assist victims of intentional torts by obtaining the financial compensation they deserve for their damages and injuries. Settlements for intentional torts are based upon two types of damages. The first type is known as economic damages which covers expenses and costs such as medical bills property damage, medical bills and lost income. The second category is non-economic damages that cover intangible losses such as pain and suffering as well as loss of enjoyment life disabilities, disfigurement, and more. Punitive damages may be awarded in certain intentional torts to punish the perpetrator or to deter future wrongful conduct. As you can see, it's crucial that your injury attorney be aware of the various types of intentional torts. To be successful in a case your lawyer must be able to show that the defendant actually intended to cause the damage you sustained. This isn't easy, as many intentional torts happen in the midst of an incident. A good example of an intentional tort is battery, which covers various types of offensive contact with an individual. For instance, if someone points at you with a gun, or seriously threatens to punch you, it is regarded as an assault. If the person who is threatening you drives into your car it is likely to be considered an accident and not a deliberate offense. You may be able to claim for negligence as well as an intentional tort, depending on the circumstances. For instance, if a person drives recklessly and causes an accident that hurts you, the driver could be held accountable for negligence, but not for an intentional tort since it was not their intent to cause the accident. If the driver deliberately hit your vehicle to cause harm to you, it is an intentional tort, and they would have to compensate you. Intentional torts can be followed by criminal charges and your attorney will help you navigate the legal process. Statute of Limitations A statute of limitations is a legal requirement that restricts the time you can bring a lawsuit relating to an injury. It is often compared with the clock that starts at a certain time, is delayed or paused until it expires. A statute of limitations runs out when you are unable to bring a lawsuit. The court will dismiss the case if the statute has expired. The law makes use of this to discourage individuals from bringing unwarranted lawsuits and protect the at-fault party from being sued too late for negligence. Each state has its own statute of limitations rules, and there are a variety of nuances that differ between cases. For example in New York City, you generally have three years to bring a personal injury lawsuit or a product liability suit. However, certain types of cases have different statutes of limitations, such as medical malpractice lawsuits that have a shorter period of time. In addition, the statute of limitations may be extended or “tolled” in certain instances depending on the circumstances. For instance, if someone is injured due to 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 been able to reasonably discover the cause of the injury. This is called the discovery rule and is an common exception to the statute of limitations. A minor can also be a exception. In certain cases the statute of limitations may not begin until the minor is of an age. The most important thing to keep in mind is that if the statute of limitations runs out, you will no longer be able to file a lawsuit for your injury. This is the reason it is crucial to consult an injury attorney immediately after the incident and determine how long you have left. Then, it is recommended to begin the process of submitting lawsuits before the deadline expires. In certain cases waiting too long could result in evidence becoming old and difficult to prove. If you make your claim too late the insurance company and the party at fault will be less likely take it seriously. Liability Analysis When your lawyer collects all relevant facts and evidence in a case they conduct a thorough liability analysis. This will include a review of the law, statutes and the case law. Additionally, Boca Raton injury attorneys will examine the circumstances of the accident and injuries to establish a valid rationale to pursue the claim against the parties responsible. 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 thorough analysis than for a simple auto accident. It is essential to recognize that there are only a handful of instances where market share liability can be used to allocate the costs of injury among the companies whose products caused the injury. Whether it is in the context of personal injury claims seeking traditional tort damages, or public nuisance claims seeking a kind of abatement, the application of market share liability in these instances is a form of taxation that requires one group of consumers to pay for insurance on a different group of consumers' behalf and reduces social welfare. This is because the idea that tort law can provide a type of insurance via risk spreading (either as tort damages or public nuisance abatement) is not true. Case Preparation The preparation of a case for trial takes time and money. It requires gathering medical documents, invoices for auto repair photos, police reports, and police reports, as well as other evidence to back up your claim. The process is stressful, and a good injury attorney will be able to help you prepare for what to expect from the other side of the table. Your lawyer might also ask you to be an open 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 have to employ experts in fields that are not within the normal scope of his or her practice, for instance, doctors who can explain why your injury may require future surgery or an economist who can show how much your injury has impacted your life and ability to earn. These experts can be costly, and they will likely need to appear in the courtroom. Your lawyer will draft an official demand letter which will tell your story through detailing your injuries and presenting the evidence of how your injuries have affected your life. This includes a monetary demand for all medical expenses, lost wages and future loss of earning potential. It will also pay for the pain and suffering you endured and any other economic or non-economic loss. Be aware that the lawyers and investigators of the opposing side will be closely watching your actions. Your conduct must be professional and respectful. In court, any inappropriate remarks or actions could be considered against your case. It is important to follow the guidelines of your doctor and legal team.