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What Does an Injury Attorney Do? Lawyers for injury help clients navigate the legal jargon and paperwork that are typically associated with personal injuries. Your lawyer will snap photos of the accident scene and gather medical records, and interview witnesses and expert witnesses. After an injury, the law allows you to receive compensation for the economic loss and pain and suffering. It is crucial to act quickly. Intentional Torts Like the name suggests, intentional torts involve a person's deliberate acts to harm someone else. They are the civil equivalent to crimes such as assault and robbery. As an injury attorney you can assist victims of an intentional tort seek financial compensation for their injuries and damages. Settlements for intentional torts are based upon two kinds of damages. The first is known as economic damages that include 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 and loss of enjoyment of life, disability, disfigurement, and many more. Certain intentional torts could be punitive in nature, which is designed to punish the offender and discourage future wrongdoing. As you can see from the above, it is essential that your injury lawyer be familiar with the different types intentional torts. In order to win a case your lawyer must be able to show that the defendant actually intended to cause the harm you sustained. This can be difficult as many intentional torts are committed in the midst of the moment. Battery is a great example of a crime that is deliberate. It covers a broad range of offensive contact. Assault is when someone points an object at you or threatens to hit you with a punch. But if the 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 to be able to claim negligence and tort based on the specific circumstances. If someone is driving recklessly and the crash causes you harm, they could be held liable for negligence, but not necessarily for intentional tort, since it was not their intent to cause the incident. If the driver deliberately hit your vehicle to hurt you, this would be an intentional tort, and they would have to compensate you. Your lawyer will help you navigate the legal process. Intentional torts often come with criminal charges. Statute of Limitations A statute of limitations is a legal rule which limits the time you have to file a lawsuit for an injury. It is often like a clock that starts, can be delayed or paused and then expires. A statute of limitations runs out when you are no longer able to bring a lawsuit. The court will decide to dismiss the case if the statute has expired. The law is designed to discourage people from filing unwarranted lawsuits and protect the party at fault from being sued later for negligence. Each state has its own statutes of limitation, and each situation is different. For example, in New York City, you generally have three years to start a personal injury or a product liability suit. However, certain types of cases have a different statute of limitations, such as medical malpractice lawsuits which have a shorter time frame. Additionally, the statutory timeline can also be extended or “tolled” in certain circumstances in accordance with the circumstances. If you're injured due to an unprofessional healthcare provider, for instance the statute of limitations clock does not start until you discover your injuries, or the doctor has a reasonable expectation that they will be discovered. This is known as the discovery rule, and it's a common exception. Another exception is when the injured person is a minor and in some instances, the statute of limitations might not begin to run until they reach a specific age. The most important thing to remember is that in the event that the statute of limitations runs out at the end of the year, you will not be legally able to file a lawsuit 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 best to file a lawsuit as soon as you can after the incident. In some cases the delay of waiting too long may cause the evidence to become old and difficult to prove. Additionally, the at-fault party and their insurance company are less likely to take your claim seriously if filed too late. Liability Analysis When your lawyer gathers all the relevant facts and evidence in a case, they perform a thorough liability analysis. Milpitas injury lawsuit will involve a review of the law, statutes, and case law. In addition, they'll examine the circumstances of the accident and injuries to establish a valid rationale to pursue the lawsuit against the responsible parties. Personal injury attorneys take more time to analyze difficult or unusual accident scenarios and unique legal theories which require a thorough analysis. It is important to understand that there are very few instances where market share liability is able to allocate the costs of injury among the companies who's products caused the injury. Market share liability is a form of tax that affects one group of consumers that is paying for insurance on behalf of a different group of consumers. This reduces social welfare. This is because it isn't true that tort law offers some kind of insurance spreading risk (either through tort damages or public nuisance abatement). Case Preparation Preparing a case for trial requires time and effort. It involves gathering medical documents and auto mechanic invoices and police reports, as well as videos and photographs and any other evidence that can support your claim. The process can be a stressful one and a good injury lawyer will be able to help you prepare for what to expect from the other side of the table. Your lawyer will also require you to open your book, and this may be difficult for certain clients who value privacy. It's costly and time-consuming to build a strong case for full compensation. Your lawyer will need to employ experts in fields that are not within the normal scope of his or her practice, such as a doctor who can provide a reason for why your injury may require future surgery, or an economist who can demonstrate how much your injury has affected your life and ability to earn. These experts can be costly and will most likely have to testify in the court. Your lawyer will draft an official demand letter that tells your story through detailing your injuries and presenting the evidence of how your injuries have impacted your life. This includes a monetary demand for all of your medical bills, lost wages and the potential loss of earnings in the future. This will pay for your pain, suffering and any other economic and noneconomic losses. It is important to remember that you will be subjected to a lot of scrutiny by the lawyers of the other side and investigators. Your conduct must be respectful and professional. Any inappropriate actions or comments can be used against you in court, and it is important to adhere to the advice of your doctor and legal team.