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What Does an Injury Attorney Do? An injury attorney helps clients navigate complex legal procedures as well as medical and insurance jargon and mountains of paperwork that usually accompany personal injury cases. Your lawyer will take photos of the accident scene as well as gather medical records, talk to witnesses and expert witnesses. Following an accident The law permits you to claim compensation for your economic losses and suffering. Acting quickly is key. Intentional Torts Like the name suggests intentional torts refer to a person's deliberate actions to harm one another. They are the civil equivalent to crimes like assault and robbery. As an injury lawyer you can help victims of intentional torts to seek financial compensation for their damages and injuries. Intentional tort settlements are based on two types of damages. The one is referred to as economic damages, which cover expenses and costs such as medical bills property damage, lost income, and many more. Non-economic damages are those that result from tangible losses, like pain and discomfort, loss of enjoyment of living, disability, disfigurement and more. Some intentional torts may also be punitive in nature, which is designed to punish the offender and deter future wrongdoing. As you can see, it's crucial that your injury attorney be aware of the various kinds of intentional torts. Your lawyer must demonstrate the defendant's intention to hurt you in order to win your case. This can be difficult as many intentional torts are committed in the heat of the moment. Battery is a great example of a crime that is a deliberate act. It covers a broad range of contact that is offensive. For instance If someone shoots at you with a gun, or crediblely threatens to punch you, this is regarded as an assault. But if the same person rams into your vehicle with their vehicle it's likely be viewed as an accident and not an intentional act of violence. You could be able to claim both negligence and intentional tort based on the specific circumstances. If someone is reckless when driving, and the result is harm, they may be held accountable for negligence, but not necessarily for intentional tort since it was not their intention to cause the accident. If the driver intentionally struck your vehicle to harm you, this is considered to be an intentional act and they would be required to compensate you. Intentional torts are often followed by criminal charges and your lawyer will assist you navigate the legal process. Statute of limitations A statute of limitations is a legal rule which limits the time you have to file a lawsuit over an injury. It is often compared with a clock which starts and then is delayed or stopped, and then expires. When the statute of limitations has expired, you can no longer file a claim and the case will be dismissed by the court. This is a method to deter people from filing unwarranted claims and protect at-fault parties from being sued for negligence that is too late. Each state has its own statutes of limitation, and each case is unique. In New York City you have three years to file a lawsuit if you are claiming personal injury or product liability. However, some types of cases have a different statute of limitations, for instance medical malpractice lawsuits which have a shorter timeframe. In certain situations, the statutory deadline may be extended or “tolled”. If Dallas injury lawyers injured due to negligence of a healthcare provider, for instance, the statute of limitations clock does not begin until either you find out about your injuries, or the doctor has a reasonable expectation that they will be discovered. This is referred to as the discovery rule, and it's a common exception. Minors can also be an exception. In some instances the statute of limitations could not start until the minor attains the age of. The most important thing to bear in mind is that in the event that the statute of limitations runs out at the end of the year, you will not be allowed to file a claim for your injury. It is crucial to speak with an attorney for personal injuries as soon after the incident as you can in order to determine the amount of time you have. It is then advisable to start the process of filing lawsuits before the deadline expires. In some cases when you are waiting too long, the evidence for your case may become outdated and difficult to prove. If you submit your claim too late the insurance company as well as the person who is at fault will not to take it seriously. Liability Analysis When your lawyer collects all relevant facts and evidence in a case they conduct a thorough liability analysis. This will include a study of the laws, statutes and case law. In addition, they will examine the circumstances of the accident and injuries to establish an appropriate basis to pursue the lawsuit against the responsible parties. Personal injury lawyers are more adept at analyzing difficult or unusual accident scenarios and unique legal theories which require an in-depth analysis. It is crucial to realize that there are very few contexts in which market share liability can be used to allocate the costs of injury among the companies whose products caused the injury. Market share liability is a form of tax that affects one group of consumers who are paying for insurance on behalf of another group of consumers. This is a negative impact on social welfare. This is because the notion that tort law offers some form of insurance through risk spreading (either as tort damages or public nuisance abatement) is unfounded. Case Preparation Preparing for a trial requires time and resources. It requires collecting medical records as well as invoices for auto repair, police reports and photographs and other evidence to support your claim. The process can be a stressful one, and a good injury lawyer will help you understand what you can expect from the other side of the table. Your lawyer may also ask you to become an open book, and this may be difficult for certain clients who are adamant about 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 their practice, for instance, an expert doctor who can provide a reason for why your injury could require further surgery, or an economist who can show how much your injury has impacted your life and ability to earn. These experts can be costly and will most likely have to testify at the court. Your attorney will prepare an official demand letter that tells your story through detailing your injuries and presenting the evidence of how your injuries affected your life. This includes a monetary demand for all of your medical expenses and lost wages as well as a the potential loss of earnings in the future. This will pay for your suffering, pain and any other economic and noneconomic loss. It is important to remember that you will be subject to intense scrutiny by the lawyers of the other party and investigators. Your conduct should be professional and respectful. In court, any inappropriate remarks or actions could be considered against your case. It is essential to follow the advice from your medical professional and your legal team.