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What Does an Injury Attorney Do? An injury lawyer can help clients navigate complicated legal procedures as well as medical and insurance jargon, and mounds of paperwork that are often associated with personal injury cases. Your lawyer will snap photos of the accident scene, gather your medical records, and interview witnesses and expert witnesses. The law permits you to receive compensation for losses incurred in the form of economic loss as well as pain and suffering, and other damages. The key is to act fast. Intentional Torts As the name implies intentional torts are person's deliberate actions to harm another. They are the civil equivalent to crimes like assault and robbery. As an injury lawyer you can assist a victim of an intentional tort seek financial compensation for their injuries and damages. Intentional tort settlements are based on two kinds of damages. The first is referred to as economic damages that cover expenses and costs such as medical bills, property damages, lost income and many more. The second is non-economic damages which encompasses intangible losses like pain and suffering and loss of enjoyment of life, disability, disfigurement, and more. Punitive damages are granted in certain intentional torts to punish the perpetrator or discourage future wrongdoing. As you will see, it's essential that your injury attorney be knowledgeable about the different types of intentional torts. To win a case your lawyer must be able to prove that the defendant actually intended to cause the damage you sustained. This can be a challenge as many intentional torts are committed in the midst of the moment. A good example of an intentional tort is battery, which includes different types of offensive contact with an individual. Assault occurs when someone points an arrow at you or threatens you with punches. If, however, that person also hits your vehicle with their vehicle it's likely be viewed as an accident, not a deliberate act of violence. You could be able to file a claim for both negligence and an intentional tort, based on the circumstances. If someone is reckless when driving, and the accident causes you injury, they could be held accountable for negligence, but not for intentional tort, because it was not their intention to cause the accident. However, if the driver purposely hit your vehicle with their vehicle to inflict harm on you, it's an intentional tort and they would be responsible to compensate you. Concord injury lawyer can be followed by criminal charges and your lawyer can help you navigate the legal system. Statute of limitations A statute of limitations is a legal provision that sets the deadline for when you are able to file suit for an injury. It is often similar to a clock which starts, is delayed, or paused and then expires. When the statute of limitations runs out it is no longer possible to pursue a claim, and the case will be dismissed by the court. This is a method to prevent people from filing claims that are not warranted and prevent at-fault parties from being sued for negligence after it is too late. Each state has its own statute of limitations, and each case is unique. For example, in New York City, you generally have three years to start a personal injury or product liability lawsuit. However, some types of cases have a different statute of limitations, such as medical malpractice lawsuits, which have a shorter period of time. In certain circumstances the statute of limitations can be extended or “tolled”. If you're injured due to a negligent healthcare provider, for instance, the statute of limitations clock does not start until you are aware of your injuries or the doctor has a reasonable expectation that they will be discovered. This is called the discovery rule, and is an common exception to the statute of limitations. A minor can also be an exception. In some instances the statute of limitations could not start until the minor is of a certain age. It is important to remember that if you don't act within the time frame you could lose your right to sue for an injury. This is the reason it is crucial to consult an injury attorney as soon as you can after the incident to find out how much time you have left. It is recommended to file a lawsuit as soon as possible after the incident. In certain cases when you delay too long, the evidence in your case could become outdated and difficult to prove. Additionally the at-fault party and their insurance company will be less likely to consider your claim seriously if it is filed too late. Liability Analysis When your injury attorney collects all the relevant information and evidence in a case, they conduct a thorough analysis. This includes reviewing the law, statutes as well as case law and legal precedents. In addition, they will also examine the incident's circumstances and injuries to determine the legal basis to pursue the lawsuit 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 realize that market share liability can only be used in a very limited number of situations, and will not properly assign the cost of injury to manufacturers whose products caused injuries. Market share liability is a tax imposed on one group of consumers that is paying for insurance on behalf of a different group of consumers. This affects social welfare. This is due to the fact that tort law provides some type of insurance via risk spreading (either as tort damages or public nuisance abatement) is unfounded. Case Preparation Preparing a case for trial takes time and money. It requires collecting medical documents and invoices for auto repairs police reports and photos, as well as other evidence to support your claim. A good injury lawyer will prepare you to handle the stress of the process. Your lawyer may also ask you to become an open book, and this could be difficult for some clients who are adamant about privacy. It's expensive and time-consuming to create a strong case for full compensation. Your lawyer will have to hire experts in fields that are outside the normal practice of his or her practice, for instance, doctors who can explain why your injury could require further surgery or an economist who can show how much your injury has affected your life and your ability to earn. These experts can be costly and will most likely need to be a witness in the courtroom. Your attorney will prepare a written demand document that will tell your story, detailing the injuries you sustained. It will also present evidence of how your injuries have affected your life. This will include the monetary value of all of your medical expenses, lost wages, and any future loss of earning capacity. It will also provide for the pain and suffering you endured and any other economic or noneconomic losses. Be aware that the investigators and lawyers of the opposing side will be closely watching your actions. Your conduct should be courteous and professional. In court, any inappropriate comments or actions will be considered against your case. It is important to follow the advice of your doctors and legal counsel.