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What Does an Injury Attorney Do? An injury attorney can help clients navigate the complicated legal process, medical and insurance jargon, and mounds of paperwork that usually accompany personal injury cases. Your lawyer will photograph the accident scene, collect your medical records, and speak with witnesses and experts. The law allows you to be compensated for economic losses as well as pain and suffering, and other damages. It is crucial to act quickly. Intentional Torts Like the name suggests intentional torts are person's deliberate actions that cause harm to another. They are the civil equivalent to crimes like assault and robbery. As an attorney for injury, you can help the victim 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 kind of damage is known as economic damages, which covers expenses and costs such as medical bills as well as property damage and lost income. The other category is non-economic damage which include intangible losses, such as pain and suffering, loss of enjoyment of life disabilities, disfigurement, and many more. Some intentional torts can also involve punitive damages which are intended to punish the perpetrator and discourage future wrongdoing. As you can see from the above, it's crucial that your lawyer for injury be familiar with the different types intentional torts. To be successful in a case your lawyer needs to prove that the defendant actually intended to cause the damage you suffered. This isn't easy since many intentional torts are committed in the heat of the moment. Battery is a good example of a tort that is intentional. It covers a wide range of contact that is offensive. For instance, if someone points a gun at you or seriously threatens to punch you, this is regarded as an assault. If, however, that same person hits your vehicle with their car it's likely to be considered an accident, not a deliberate act of violence. You might have a claim for both negligence and an intentional tort, depending on the specific circumstances. For instance, if someone drives recklessly and causes an accident that hurts you, the driver could be held accountable for negligence but not for intentional tort because it wasn't their intention to cause an accident. However, if the driver deliberately struck your vehicle with their vehicle in order to hurt you, it's an intentional tort and they would be held accountable for compensation. Intentional torts are usually associated with criminal charges, and your attorney will help you navigate the legal system. Statute of Limitations A statute of limitations is a legal rule which limits the time you can bring a lawsuit relating to an injury. It is often similar to a clock which starts, is delayed, or paused and then finally expires. When the statute of limitations has expired it is no longer possible to make a claim and the case will be dismissed by the court. This is a way to deter people from filing claims that are not warranted and prevent at-fault parties from being sued for negligence too late. Each state has its own statute of limitations and each case is different. For example, in New York City, you generally have three years to bring a personal injury lawsuit or a product liability suit. However, some types of cases have a different statute of limitations, for instance medical malpractice lawsuits that have a shorter time frame. In certain situations, the statutory deadline may be extended or “tolled”. If you're injured by negligence of a healthcare provider, for instance, the time limit for a statute of limitations does not begin until either you discover 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 may also be an exception. In some instances, the statute of limitation will not begin until a minor is of an age. It is important to keep in mind that if you fail to act within the time limit you could lose your right to pursue a claim for injury. This is why it is imperative to speak with an injury lawyer as soon as you can after the incident and find out how much time you have left. Then, it is best to start the process of filing an action before the deadline has passed. In some cases when you delay too long, the evidence supporting your case may become outdated and difficult to prove. If you submit your claim too late, the insurance company and the party at fault are less likely to consider it a serious matter. Liability Analysis Your lawyer for injury will conduct an exhaustive analysis of the liability after gathering all facts and evidence. This includes analyzing the statutes, laws, case law, and legal precedents. In addition, they will also examine the incident's circumstances and injuries to determine an appropriate basis to pursue the claim against the responsible parties. Personal injury attorneys take more time to analyze complicated or rare accident situations and unique legal theories which require a thorough analysis. It is important to understand that there are a few contexts in which market share liability can be used to assign the cost of injury among manufacturers whose products caused the injury. Whether it is in the case 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 situations serves as taxation on one set of consumers to cover insurance on a different set of consumers' behalf. It also reduces social benefits. This is due to the fact 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 for a trial requires time and money. It involves gathering medical records and auto mechanic invoices, police reports, photographs and video recordings and any other evidence that will support your claim. A skilled injury lawyer will prepare you for the stress of the case. Your lawyer might also require you to open your book. This isn't easy for those who value privacy. It's expensive and time-consuming to construct a strong case for full compensation. Your lawyer will need to employ experts in fields that are not within the normal practice of his or her practice, such as doctors who can explain why your injury may require future surgery or an economist who can demonstrate how your injury affected your life and your ability to earn. These experts can be costly and will likely need to be a witness in court. Your attorney will prepare an written demand package which will detail your story, including details of the injuries you sustained. It will also provide evidence on how your injuries have affected your life. This will include an amount of money to cover all medical expenses, lost wages and future loss of earning capacity. This will pay for your pain, suffering and any other economic and noneconomic expenses. Remember that Plantation injury lawyers and lawyers of the other side will be closely scrutinizing your actions. Your conduct must be respectful and professional. In court, any unprofessional remarks or actions could be a source of criticism against your case. It is important to follow the advice from your doctor and legal counsel.