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What Does an Injury Attorney Do? An injury attorney can help clients navigate complicated legal procedures, medical and insurance jargon, and mounds of paperwork that are often associated with personal injury cases. Your lawyer will take photographs of the accident scene as well as gather medical records, and interview witnesses and expert witnesses. After an injury, the law allows you to claim compensation for your economic losses as well as pain and suffering. The key is to act quickly. Intentional Torts As the name suggests intentional torts are person's deliberate acts to harm someone else. They are the civil equivalent of crimes like assault and robbery. As an injury lawyer you can aid a victim of intentional torts in seeking financial compensation for their losses and injuries. Intentional tort settlements are based on two kinds of damages. High Point injury attorneys is known as economic damages that cover expenses and costs like medical bills, property damage, lost income and many more. The second is non-economic damages which include intangible losses like pain and suffering, loss of enjoyment of life disabilities, disfigurement, and many more. Some intentional torts may also be punitive in nature, which is designed to punish the perpetrator and deter future wrongdoing. As you can see from the above, it is important that your injury lawyer be knowledgeable about the various types intentional torts. To win an instance, your lawyer will need to show that the defendant actually intended to cause the damage you sustained. This can be a challenge because many intentional torts occur in the midst of an incident. An excellent example of an intentional tort is battery, which encompasses different types of offensive contact with an individual. Assault is when someone points an object at you or threatens to hit you with a punch. If, however, that same person rams into your vehicle with their car, it's likely going to be considered an accident and not an intentional act of violence. You may be able claim both negligence and intentional tort, based on the circumstances. For instance, if a person is reckless and causes an accident that hurts you, the driver may be held accountable for negligence, but not for intentional tort, since it was not their intention to cause an accident. If the driver deliberately hit your vehicle in order to harm you, this would be an intentional tort and they would be required to compensate you. Your attorney will guide you through the legal process. Intentional torts often come with criminal charges. Statute of limitations A statute of limitations is a legal requirement that restricts the time you have to file a lawsuit over an injury. It is often compared to a clock that starts, can be delayed, or paused and then finally expires. A statute of limitations runs out when you are unable to file a claim. The court will dismiss the case if the statute of limitations has expired. This is a method for the law to discourage people from filing claims without a valid reason 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 can differ from case to case. In New York City you have three years generally to file a lawsuit if you are claiming personal injury or product liability. However, certain types of cases have different statutes of limitations, for instance medical malpractice lawsuits that have a shorter time frame. In certain situations the statute of limitations may be extended or “tolled”. In the case of a person who is injured due to a negligent health care provider, the clock on the statute of limitations will not begin until you have discovered your injuries or the doctor should have been able to reasonably discover them. This is referred to as the discovery rule, and it is a common exception. Minors can also be an exception. In some cases the statute of limitations will not begin until a minor is of an age. It is important to keep in mind that if you don't act within the specified timeframe you could lose your right to pursue a claim for injury. This is the reason it is crucial to consult with an injury lawyer immediately after the incident to find out how much time you have left. It is then advisable to begin the process of filing a lawsuit before the deadline passes. In some cases the delay of waiting too long may cause evidence to become outdated, making it more difficult to prove. If you make your claim too late the insurance company as well as the party at fault will not to take it seriously. Liability Analysis When your injury attorney collects all relevant facts and evidence in a case they perform a thorough liability analysis. This includes analyzing the law, statutes as well as case law and legal precedents. They will also analyze the injuries and accident in order to establish the legal basis for filing an action against the responsible party. It is generally more time-consuming for a personal injury attorney to evaluate complicated or rare accident scenarios and unique legal theories that require a thorough analysis than for a simple auto accident. It is crucial to realize that there are only a handful of instances where market share liability can be used to divide the cost of injury to the manufacturers who's products caused the injury. In the case of personal injury claims seeking traditional tort damages, or public nuisance claims requesting a kind of abatement, the application of market share liability in these situations acts as a tax on one set of consumers in order to cover insurance on a different group of consumers' behalf. This diminishes social welfare. This is because the idea that tort law provides some type of insurance via risk spreading (either as tort damages or public nuisance abatement) is unfounded. Case Preparation The preparation for a trial takes time and money. It requires gathering medical records, invoices for auto repair, police reports and photographs, as well as other evidence to support your claim. A skilled injury lawyer will prepare you to handle the stress of the process. Your lawyer may also ask you to open your book, and this may be a challenge for some clients who value privacy. The process of establishing a compelling argument for full compensation can be time consuming and expensive. Your lawyer will have to engage experts in areas that are outside the normal scope of his or her practice, such as an expert doctor who can explain the reason your injury could require further surgery or an economist who can prove how your injury has affected your life and potential earnings. These experts can be costly and will likely have to be a witness in the courtroom. Your lawyer will draft an official demand letter that will tell your story by detailing your injuries and presenting the evidence of how your injuries have impacted your life. This will include a financial demand for all of your medical bills and lost wages as well as a the potential loss of earnings in the future. It will also cover the pain and suffering you endured and any other non-economic or economic losses. It is crucial to keep in mind that you will be subject to a heightened scrutiny by the lawyers of the other side and investigators. Your conduct should be professional and respectful. In court, any inappropriate comments or actions will be a source of criticism against you. It is crucial to follow the advice from your doctors and legal team.