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What Does an Injury Attorney Do? Injury attorneys help clients navigate the legal terminology and paperwork typically involved in personal injury cases. Your lawyer will take photos of the scene of the accident, collect your medical records, and speak with witnesses and experts. The law allows you to receive compensation for financial losses or pain and suffering as well as other damages. The key is to act quickly. Intentional Torts As the name suggests intentional torts are person's deliberate actions that cause harm to 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 the financial compensation they deserve for their damages and injuries. Settlements for intentional torts are based upon two types of damages. The one is referred to as economic damages which are used to cover costs and expenses such as medical bills, property damage, lost income and many more. The second is non-economic damages that cover intangible losses like pain and suffering as well as loss of enjoyment life disabilities, disfigurement, and more. Punitive damages are awarded in some intentional torts to punish the perpetrator or deter future wrongful conduct. As you can see, it's crucial that your lawyer for injury be aware of the various kinds of intentional torts. Your lawyer must prove the defendant's intent to harm you in order to win your case. This isn't easy, as many intentional torts are committed in the heat of a moment. Battery is an excellent example of a crime that is deliberate. It covers a wide range of offensive contact. For instance, if someone shoots at you with a gun or seriously threatens to punch you, this is considered to be an act of assault. But if the same person rams into your vehicle with their vehicle it's likely to be considered an accident, not a deliberate act of violence. You may be able to assert negligence as well as intentional tort depending on the circumstances. For Macon injury attorney , if someone drives recklessly and causes an accident that hurts you, the driver could be held responsible for negligence but not for intentional tort since it wasn't their intention to cause an accident. If a driver deliberately struck your vehicle to harm you, it is an intentional tort and they would be required to compensate you. Intentional torts are often followed by criminal charges and your attorney will help you navigate the legal process. Statute of limitations A statute of limitations is a legal rule that restricts the time you have to pursue a lawsuit for an injury. It is often compared to the clock that starts, can be delayed or paused and then expires. When a statute of limitations expires, you can no longer pursue a claim, and the case will be dismissed by the court. The law makes use of this to discourage individuals from bringing unwarranted lawsuits, and also to shield the party at fault from being sued later for negligence. Each state has its own statute of limitations, and each situation is different. For example in New York City, you generally have three years to start a personal injury or product liability lawsuit. However, certain kinds of cases have a different statute of limitations such as medical malpractice lawsuits which have a shorter period of time. In addition, the statute of limitations can be extended or “tolled” in certain cases according to the circumstances. For instance, if someone is injured by a negligent health healthcare provider, the clock on the statute of limitations will not begin until you have discovered your injuries or the doctor should have reasonably discovered the cause of the injury. This is called the discovery rule, and is an often-used exception to the statute of limitations. Another exception is when the person is a minor, and in certain cases, the statute of limitations might not begin running until they reach a certain age. It is important to keep in mind that if you do not act within the time limit you could lose your right to sue for an injury. This is why it is essential to consult an injury attorney as soon as you can after the incident to determine how long you have left. It is then advisable to start the process of filing an action before the deadline passes. In some instances when you are waiting too long, the evidence for your case can become stale and difficult to prove. In addition the at-fault party and their insurance company are less likely to take your claim seriously if it is filed too late. Liability Analysis When your lawyer collects all the relevant information and evidence in a case they conduct a thorough liability analysis. This will include reviewing the statutes, laws as well as case law and legal precedents. They will also examine the accident and injuries to determine a valid reason for pursuing a claim against the party responsible. It's generally more time-consuming for a personal injury lawyer to review complex or unique accident circumstances and unique legal theories that require a thorough analysis than for a simple auto accident. It is crucial to recognize that market share liability is only applied in a limited amount of circumstances and does not correctly divide the costs of injury among producers whose products have caused injury. Market share liability is a tax on one group of consumers who are paying for insurance on behalf of a different group of consumers. This reduces social welfare. This is because it is not true that tort law offers an insurance policy by spreading risk (either through tort damages or public nuisance abatement). Case Preparation Preparing a trial case requires time and effort. It requires the collection of medical documents, auto mechanic invoices, police reports, videos and photographs as well as any other evidence that will back your claim. A skilled lawyer for injuries will help you to deal with the stress of the case. Your lawyer will also require you to become an open book, and this could be difficult for certain clients who value privacy. The process of establishing a compelling argument for full compensation is costly and time-consuming. Your lawyer will have to engage experts who aren't part of their normal practice. For instance doctors can explain why you may require a future procedure, or an economist can explain how your injury has impacted your life and earning capacity. Experts in these fields can be costly and will likely have to be a witness in the courtroom. Your lawyer will draft an official demand letter which will tell your story by explaining your injuries and providing the evidence of how your injuries have affected your life. This will include a monetary demand for all of your medical bills as well as the potential loss of earnings in the future. It will also cover your suffering and pain as well as any other economic or noneconomic losses. It is important to remember that you are subject to a heightened scrutiny by the other party's lawyers and investigators. Your conduct must be respectful and professional. Any inappropriate comments or actions will be used against you in court, and it is crucial to follow the advice of your doctor and legal team.