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What Does an Injury Attorney Do? An injury lawyer can help clients navigate complex legal procedures, medical and insurance jargon and mountains of paperwork that are often associated with personal injury cases. Your lawyer will photograph the accident scene, collect your medical records, and interview witnesses and experts. The law permits you to be compensated 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 Intentional torts involve deliberate acts by someone to hurt someone else. They are the equivalent to crimes such as assault and robbery. As an injury lawyer, you can help victims of an intentional tort to seek financial compensation for their injuries and damages. Settlements for intentional torts are based on two kinds of damages. The first kind of damage is known as economic damages, which covers expenses and costs like medical bills property damage, medical bills and lost income. Non-economic damages are those that result from intangible losses like discomfort and pain and loss of enjoyment of living disabilities, disfigurement, disability and more. Some intentional torts can also be punitive in nature, which is intended to punish the perpetrator and discourage future wrongdoing. As you can see from the above, it's essential that your injury lawyer be knowledgeable about the various kinds of intentional torts. To win the court your lawyer needs to show that the defendant actually intended to cause the harm 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. Assault happens when someone aims an arrow at you or threatens you with punches. If the person who is threatening you is able to drive into your vehicle It is likely to be considered an accident and not a crime committed with intent. You might have a claim for both negligence and an intentional tort, based on the specific circumstances. For instance, if a person does something recklessly and results in an accident that harms you, the driver may be held liable for negligence but not for intentional tort because it wasn't their intent to cause the accident. If the driver intentionally struck your vehicle to hurt you, this would be an intentional tort, and they would have to compensate you. Intentional torts can be accompanied by criminal charges, and your attorney will help you navigate the legal system. Statute of limitations A statute of limitations is a law that limits how long you have to file a lawsuit over an injury. It is often similar to a clock which begins, but can be delayed or paused and then eventually expires. A statute of limitations expires when you are no longer able to file a claim. The court will decide to dismiss the case if the statute of limitations has expired. The law uses this to discourage people from filing unjustified lawsuits and protect the at-fault party from being sued late for negligence. Each state has its own statute of limitations and each case is unique. 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, such as medical malpractice suits have different deadlines. In certain circumstances the statute of limitations can be extended or “tolled”. For instance, if someone is injured due to a negligent health care provider, the timer 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. YouTube is known as the discovery rule, and is an often-used exception to the statute of limitations. Another exception occurs when the injured person is a minor, and in certain cases, the statute of limitations might not begin to run until they reach a specific age. The most important thing to keep in mind is that in the event that the statute of limitations expires in the next year, you won't be allowed to file a claim for your injury. This is why it is imperative to speak with an injury lawyer as soon as possible after the incident and determine how long you have left. It is recommended to make a claim as soon as possible after the incident. In some cases, if you wait too long, the evidence for your case can become stale and difficult to prove. Additionally, the at-fault party and their insurance company are less likely to consider your claim seriously if it's filed too late. Liability Analysis Your lawyer will conduct a thorough analysis of responsibility after gathering all the facts and evidence. This will include a review of the law, statutes, and the case law. They will also look at the incident and injuries in order to establish an appropriate reason to pursue claims against the party responsible. Personal injury lawyers spend more time evaluating difficult or unusual accident scenarios and unique legal theories which require an in-depth analysis. It is important to realize that market share liability is only used in a very limited number of situations, and will not properly divide the costs of injury among producers whose products have caused injury. In the case of personal injury claims seeking traditional tort damages, or public nuisance claims seeking some kind of abatement, the application of market share liability in these instances is a form of taxation that requires one set of consumers in order to pay for insurance on a different group of consumers' behalf and diminishes social welfare. This is because it isn't the case that tort law provides some kind of insurance spreading risk (either through tort damages or public nuisance abatement). Case Preparation Preparing a case for trial takes time and money. It involves collecting medical records as well as invoices for auto repair photos, police reports, and police reports and other evidence to support your claim. A skilled injury lawyer will prepare you for the stress of the case. Your lawyer will also require you to become an open book, and this may be difficult for certain clients who value privacy. The process of establishing a compelling argument for full compensation is time consuming and expensive. Your lawyer will have to engage experts in areas that are not within the normal scope of his or her practice, like doctors who can explain why your injury may require future surgery or an economist who can demonstrate how much your injury has affected your life and potential earnings. Experts in these fields can be costly and will most likely be required to appear in the courtroom. Your attorney will prepare a written demand package which will tell your story through detailing your injuries and presenting the evidence of how your injuries affected your life. This includes a monetary demand for all medical expenses and lost wages as well as a the potential loss of earnings in the future. It will also cover your pain and suffering 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 should be professional and respectful. In court, any unprofessional remarks or actions could be used against you. It is important to follow the advice from your doctors and your legal team.