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What Does an Injury Attorney Do? An injury lawyer can help clients navigate the complicated legal process as well as medical and insurance jargon and mountains of paperwork that often accompany personal injury cases. Your lawyer will snap photos of the accident scene, gather your medical records, and interview witnesses and expert witnesses. The law allows you to be compensated for economic losses, pain and suffering and other damages. The key is to act fast. Intentional Torts As the name suggests intentional torts refer to a person's deliberate actions to harm one another. They are the equivalent of crimes such as assault and robbery. As an injury lawyer you can help a victim of intentional torts to seek financial compensation for their damages and injuries. Intentional tort settlements are based on two types of damages. The first kind of damage is known as economic damages which cover costs and expenses such as medical bills, property damage and lost income. The second category is non-economic damages which include intangible losses like pain and suffering, loss of enjoyment of life and disability, disfigurement and many more. Punitive damages may be granted in certain intentional torts to punish the perpetrator or discourage future wrongdoing. As you will see, it's essential that your lawyer for injury be well-versed in the different types of intentional torts. Your lawyer must prove the defendant's intent to hurt you in order to win your case. This can be a challenge since many intentional torts are committed in the midst of a crisis. Battery is a good example of a crime that is intentional. It covers a broad range of offensive contact. Assault is when someone points an object at you or threatens you with a punch. If that same person crashes into your car, it will likely be viewed as an accident and not a deliberate offense. You may be able to claim both negligence and intentional tort depending on the circumstances. If someone is reckless when driving, and the accident causes you harm, they may be held responsible for negligence, but not necessarily for intentional tort, because it was not their intention to cause the accident. However, if the driver deliberately hit your vehicle with their car in order to hurt you, it's an intentional tort and they would be liable to compensate you. Your attorney will help you navigate the legal procedure. Intentional torts are often associated with criminal charges. Statute of limitations A statute of limitations is a law which limits the time you can pursue a lawsuit for an injury. It is often similar to a clock which starts, can be delayed, or paused, and then finally expires. When a statute of limitations expires, you can no longer make a claim and the case will be dismissed by the court. This is a way for the law to discourage people from filing claims without a valid reason and prevent at-fault parties from being sued for negligence too late. Each state has its own statute of limitations rules and there are a variety of nuances that differ between cases. In New York City you have three years to file a lawsuit if you are claiming personal injury or product liability. Some types of cases, such as medical malpractice suits have an additional time frame. In addition, the statute of limitations may be extended or “tolled” in certain circumstances according to the circumstances. If you're injured by an unprofessional healthcare provider, for example, the time limit for a statute of limitations does not begin until you find out about your injuries, or the doctor has a reasonable expectation that they will be discovered. This is known as the discovery rule, and is a common exception to the statute of limitations. Another exception is when the person is a minor and in some instances, the statute of limitations might not begin running until they reach a particular age. It is important to remember that if you don't act within the time limit you could lose the right to pursue a claim for injury. It is crucial to speak with an attorney for personal injuries as soon as you can to determine how much remaining time you have. Then, it is recommended to start the process of filing an action before the deadline passes. In certain cases, if you wait too long, the evidence in your case can become stale and difficult to prove. In addition the at-fault party as well as their insurance company will be less likely to take your claim seriously if it is filed too late. Liability Analysis When your injury attorney gathers all the relevant facts and evidence in a case, they conduct a thorough liability analysis. This includes reviewing the law, statutes, case law, and legal precedents. They will also look at the accident and injuries to determine a valid reason for pursuing a claim against the party responsible. Atlanta are more adept at analyzing complex or unusual accidents and unique legal theories which require a thorough analysis. It is crucial to realize that there are only a handful of situations where market share liability is able to divide the cost of injury among manufacturers who's products cause the injury. Market share liability is a form of tax that affects one group of consumers that is paying for insurance on behalf of another group of consumers. This reduces social welfare. This is because it's not an absolute fact that tort law provides some kind of insurance spreading risk (either through tort damages or public nuisance abatement). Case Preparation Preparing a trial case takes time and money. It involves gathering medical records and invoices for auto repair police reports and photos along with other evidence to back up your claim. The process can be a stressful one, and a reputable injury lawyer will help you understand what to expect from the other side of the table. Your lawyer may also ask you to sign an open book. This can be difficult for clients who are sensitive to privacy. Building a compelling case for full compensation is time consuming and expensive. Your lawyer will need to hire experts in fields that are outside the normal scope of his or her practice, such as a doctor who can explain the reason your injury could require further surgery or an economist who can demonstrate how your injury affected your life and potential earnings. These experts can be expensive and will most likely have to appear in court. Your attorney will prepare an written demand form that will tell your story, describing the injuries you sustained. It will also include evidence on how your injuries have affected you. This will include the monetary value of all medical expenses, lost wages, and the loss of future earning capacity. It will also pay for the pain and suffering you endured and any other economic or non-economic expenses. It is important to remember that you will be subject to a heightened scrutiny by the other party's lawyers and investigators. Your conduct should be courteous and professional. In court, any inappropriate actions or comments will be used against your case. It is important to follow the advice from your medical professional and legal team.