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What Does an Injury Attorney Do? An injury attorney can help clients navigate complicated legal procedures as well as medical and insurance jargon, and mounds of paperwork that usually accompany personal injury cases. Your lawyer will photograph the scene of the accident, collect your medical records, and speak with witnesses and experts. Following an accident, the law allows you to claim compensation for your economic losses as well as pain and suffering. Being quick to act is essential. Intentional Torts Intentional torts are those that involve deliberate acts by someone in order to harm one another. They are the equivalent in civil law to crimes like assault and robbery. As an injury lawyer, you can aid a victim of intentional torts by obtaining financial compensation for their losses and injuries. Settlements for intentional torts are based upon 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 damages, lost income and more. Non-economic damages include intangible losses like discomfort and pain, loss of enjoyment of living disabilities, disfigurement, disability and more. Some intentional torts may also include punitive damages that are intended to punish the perpetrator and discourage future wrongdoing. As you can see from the above, it's crucial that your lawyer for injury be familiar with the different types intentional torts. To be successful in a case your lawyer needs to prove that the defendant actually intended to cause the damage you sustained. This can be difficult, as 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 someone else. Assault occurs when someone points an object at you or threatens you with punches. However, if that person also hits your vehicle with their car, it's likely going be viewed as an accident and not a deliberate act of violence. You could be able to file a claim for negligence as well as an intentional tort, depending on the circumstances. If someone drives recklessly, and the accident causes you harm, they may be held liable for negligence, but not intentional tort since it was not their intention to cause the accident. However, if the driver deliberately struck your vehicle with their vehicle in order to hurt you, it would be an intentional tort and they would be held accountable for compensation. 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 can bring a lawsuit relating to an injury. It is often compared to a clock that begins, but can be delayed, or paused, and then expires. When the statute of limitations runs out it is no longer possible to file a claim and the case will be dismissed by the court. This is a method to deter people from filing unwarranted claims and to protect the parties at fault from being sued for negligence too late. Each state has its own statute of limitations and every case is unique. For Pittsburgh injury lawyers in New York City, you generally have three years to bring a personal injury lawsuit or a product liability lawsuit. However, certain types of cases have different statutes of limitations, for instance medical malpractice lawsuits which have a shorter time frame. In certain circumstances the statute of limitations may be extended or “tolled”. If you're injured by negligence of a healthcare provider, for example, the statute of limitations clock does not begin until either you are aware of your injuries or the doctor has a reasonable expectation 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 injured person is a minor and in some cases the statute of limitations might not begin to run until they reach a specific age. It is important to keep in mind that if you don't act within the time frame, you may lose your right to sue for injury. It is crucial to speak with an attorney who specializes in personal injury as soon after the incident as you can to determine the remaining time you have. It is recommended to make a claim as soon as possible after the incident. In some cases waiting too long could result in evidence becoming outdated, making it more difficult to prove. If you submit your claim too late, the insurance company and the party at fault will be less likely consider it a serious matter. Liability Analysis Your injury attorney will perform an exhaustive analysis of the responsibility after gathering all the facts and evidence. This includes analyzing the statutes, laws as well as case law and legal precedents. They will also analyze the injuries and accident to determine an appropriate reason to pursue claims against the responsible party. Personal injury lawyers take more time to analyze difficult or unusual accident scenarios and unique legal theories that require an in-depth analysis. It is essential to recognize that there are a few situations where market share liability can be used to assign the cost of injury to the manufacturers who's 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 a different group of consumers. This affects 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 trial case takes time and resources. It involves collecting medical records as well as invoices for auto repairs, 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. This isn't easy for clients who are sensitive to privacy. It's expensive and time-consuming to construct an effective case for full compensation. Your lawyer will need to employ experts that are not part of their normal practice. For instance an expert doctor will explain why you may require future surgery, or an economist can show how your injury has affected your life and your ability to earn. These experts are costly and will most likely have to testify at court. Your lawyer will draft a written demand package which will detail your story, including details of the injuries you sustained. It will also provide evidence of how your injuries have affected your life. This will include a monetary demand for all medical bills as well as future loss of earning potential. It will also pay for the pain and suffering you endured and any other economic or non-economic expenses. Remember that the investigators and lawyers from the opposing side will be closely scrutinizing your actions. Your conduct must be professional and respectful. In court, any inappropriate actions or comments will be a source of criticism against your case. It is essential to follow the advice from your doctors and legal team.