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What Does an Injury Attorney Do? An injury attorney can help clients navigate complicated legal procedures as well as medical and insurance jargon and piles of paperwork that are often associated with personal injury cases. Your lawyer will take photos of the scene of your accident and gather medical records, interview witnesses and experts. Following an accident, the law allows you to receive compensation for the economic loss and pain and suffering. The key is to act swiftly. Intentional Torts Intentional torts involve deliberate acts by someone to hurt one another. They are the equivalent of crimes such as assault and robbery. As an attorney for injury, you can help the victim of an intentional offense seek financial compensation for their injuries and damage. Settlements for intentional torts are based upon two kinds of damages. The first is referred to as economic damages which include costs and expenses like medical bills, property damage, lost income and many more. Non-economic damages refer to intangible losses like discomfort and pain, loss of enjoyment of living disabilities, disfigurement, disability and more. Some intentional torts may also involve punitive damages which are intended to punish the perpetrator and discourage future wrongdoing. As Ogden injury attorneys can see from the above, it is essential that your injury lawyer be knowledgeable about the various kinds of intentional torts. Your lawyer will have to demonstrate the defendant's intention to hurt you in order to prevail in your case. This can be difficult, as many intentional torts occur in the midst of a crisis. Battery is an excellent example of a tort that is a deliberate act. It covers a wide range of offensive contact. Assault is when someone points an arrow at you or threatens to hit you with a punch. If the same person crashes into your car it is likely to be viewed as an accident and not a crime committed with intent. You could be able to file a claim for negligence as well as an intentional tort, based on the circumstances. For instance, if someone is reckless and causes an accident that hurts you, the driver may be held liable in negligence, but not for an intentional tort since it was not their intention to cause an accident. If, however, the driver intentionally struck your vehicle with their vehicle in order to harm you, it's an intentional tort and they would be liable for compensating you. Your lawyer will assist you through the legal process. Intentional torts are often associated with criminal charges. Statute of Limitations A statute of limitations is a law which limits the time you can pursue a lawsuit for an injury. It is often similar to a clock which starts, can be delayed or paused and then finally 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 way to prevent 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 rules and there are a variety of 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. Some types of cases, like medical malpractice lawsuits are subject to different deadlines. Additionally, the statutory timeline can also be extended or “tolled” in certain circumstances depending on the circumstances. For instance, if a person is injured due to a negligent health healthcare provider, the clock on the statute of limitations doesn't start until you actually discover your injuries, or the doctor should have been able to reasonably discover them. This is known as the discovery rule and it is a common exception. Another exception is when the injured person is a minor, and in some instances, the statute of limitations might not start to run until they reach a specific age. It is crucial to remember that if you fail to act within the specified timeframe you could lose your right to sue for injury. It is essential to speak with a personal injury attorney as soon after the incident as you can to determine how much remaining time you have. It is best to start a lawsuit as soon as you can after the incident. In some cases, waiting too long can cause the evidence to become outdated, making it more difficult to prove. Additionally the at-fault party as well as their insurance company will be less likely to take your claim seriously if filed too late. Liability Analysis Your lawyer for injury will conduct an exhaustive analysis of the responsibility after gathering all the facts and evidence. This will involve a review of the law, statutes, and case law. They will also examine the accident and injuries to determine a valid reason for pursuing claims against the party responsible. Personal injury lawyers spend more time evaluating difficult or unusual accident scenarios and unique legal theories that require a thorough analysis. It is crucial to realize that there are only a handful of instances where market share liability will properly assign the cost of injury among manufacturers 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 form of insurance by spreading risk (either through tort damages or public nuisance abatement). Case Preparation The preparation of a case for trial takes time and money. It involves gathering medical records, auto mechanic invoices along with police reports, videos and photos as well as any other evidence that will prove your claim. The process is stressful, and a reputable injury lawyer will help you understand what to expect from the other side of the table. Your lawyer may also ask you to open your book. This isn't easy for clients who value privacy. Building a compelling case for full compensation is time consuming and expensive. Your lawyer will have to employ experts that are not part of their normal work. For instance an expert doctor can explain why you may require future surgery, or an economist could explain how your injury has affected your life and earning capacity. These experts are expensive and are likely to be required to testify in court. Your lawyer will draft a written demand form that will tell your story, detailing your injuries. It will also include evidence on how your injuries have affected you. This will include the monetary value of all of your medical expenses, lost wages and the loss of future earning capacity. It will also cover the pain and suffering you endured and any other non-economic or economic losses. Keep in mind that the investigators and lawyers of the other side will be watching closely your actions. Your conduct should be professional and respectful. In court, any inappropriate comments or actions will be considered against your case. It is crucial to follow the advice from your medical professional and legal counsel.