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What Does an Injury Attorney Do? Injury attorneys help clients navigate the legal terminology and paperwork often associated with personal injuries. Your lawyer will snap photos of the scene of your accident and gather medical records, and interview witnesses and experts. The law allows you to be compensated for financial losses as well as pain and suffering, and other damages. Being quick to act is essential. Intentional Torts Intentional torts are the result of deliberate actions by a person in order to harm someone else. They are the equivalent in civil law to crimes like assault and robbery. As Garden Grove injury attorneys , you can help a victim of an intentional offense seek financial compensation for their injuries and damage. Intentional tort settlements are based on two types of damages. The first is referred to as economic damages which are used to cover costs and expenses such as medical bills, property damage, lost income, and many more. Non-economic damages include intangible losses, such as pain and discomfort, loss of enjoyment of living, disability, disfigurement and more. Some intentional torts may also include punitive damages that are designed to punish the perpetrator and discourage future wrongdoing. As you can see from the above, it is essential that your injury lawyer be familiar with the different kinds of intentional torts. Your lawyer will need to demonstrate the defendant's intention to hurt you to be successful in your case. This can be a challenge as many intentional torts are committed in the heat of the moment. Battery is a great example of a crime that is deliberate. It covers a wide range of offensive contact. Assault happens when someone aims a weapon at you or threatens you with a punch. If that same person crashes into your car it is likely to be viewed as an accident and not a deliberate crime. You could be able to file a claim for negligence as well as an intentional tort, depending on the specific circumstances. If someone is reckless when driving, and the accident causes you injury, they could be held responsible for negligence, but not for intentional tort, because it was not their intent to cause the incident. However, if the driver deliberately struck your vehicle with their vehicle to inflict harm on you, it's an intentional tort and they would be liable to compensate you. Intentional torts are often associated with criminal charges, and your attorney will help you navigate the legal system. Statute of Limitations A statute of limitations is a legal rule which limits the time you have to file suit for an injury. It is often like a clock that begins, but can be delayed, or paused, and then eventually expires. A statute of limitations runs out when you are no longer able to file a claim. The court will dismiss the case if the statute has expired. The law uses this to deter individuals from bringing unwarranted lawsuits and protect the person at fault from being sued late for negligence. Each state has its own statute of limitations rules and there are many nuances that differ between cases. In New York City you have three years in general to file a lawsuit for personal injury or product liability. Some types of cases, like medical malpractice lawsuits have different deadlines. In certain situations the statute of limitations can be extended or “tolled”. In the case of a person who is injured as a result of negligence by a health care provider, the timer on the statute of limitations does not begin until you have discovered your injuries or the doctor should have been able to reasonably discover them. This is called the discovery rule and is a common exception to the statute of limitations. A minor can be an exception. In some cases, the statute of limitation could not start until the minor is of the age of. It is important to remember that if you don't act within the time frame you could lose your right to pursue a claim for injury. It is essential to speak with an attorney for personal injuries immediately after the incident as you can in order to determine how much remaining time you have. It is best to file a lawsuit as soon as you can after the incident. In certain cases, if you wait too long, the evidence in your case can become stale and difficult to prove. Additionally the at-fault party and their insurance company will be less likely to take your claim seriously if it's filed too late. Liability Analysis Your lawyer for injury will conduct an extensive analysis of liability after gathering all facts and evidence. This includes a thorough review of the law, statutes, and the case law. Additionally, they will also analyze the accident circumstances and injuries to establish the legal basis to pursue the claim against the responsible parties. Personal injury lawyers take more time to analyze difficult or unusual accident scenarios and unique legal theories which require a thorough analysis. It is crucial to recognize that market share liability is only applied in very limited circumstances and cannot properly divide the costs of injury among manufacturers whose products caused injury. Whether it is in the case of personal injury claims seeking traditional tort damages or public nuisance claims seeking some type of abatement, application of market share liability in these cases is a form of taxation that requires one set of consumers in order to pay for insurance on a different set of consumers' behalf. It also reduces social benefits. This is because the notion that tort law provides some form of insurance through risk spreading (either as tort damages or public nuisance abatement) is not true. Case Preparation The preparation for a trial takes time and resources. It involves gathering medical documents as well as invoices for auto repairs photos, police reports, and police reports along with other evidence to support your claim. The process can be a stressful one and a good injury attorney will be able to help you prepare for what you can expect from the other side of the table. Your lawyer might also require you to be an open book. This can be difficult for those who value privacy. It's costly and time-consuming to construct an argument that is strong enough to win compensation. Your lawyer will need to hire experts in fields that are outside the normal scope of their practice, for instance, doctors who can explain why your injury could require further surgery or an economist who can prove how your injury affected your life and your ability to earn. These experts can be costly and will most likely be required to appear in the courtroom. Your lawyer will draft an official demand letter that will tell your story through detailing your injuries and presenting the evidence of how your injuries have affected your life. This will include an amount of money to cover all of your medical expenses, lost wages and the loss of future earning capacity. This will pay for your suffering, pain as well as any other economic or noneconomic expenses. Keep in mind that the investigators and lawyers of the other side will be closely scrutinizing your actions. Your behavior should be respectful and professional. Any inappropriate actions or comments will be used against you in court. It is important to adhere to the advice of your physician and legal team.