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What Does an Injury Attorney Do? An injury attorney can help clients navigate complicated legal procedures, medical and insurance jargon, and mounds of paperwork that usually accompany personal injury cases. Your lawyer will photograph the accident scene, collect your medical records, and interview witnesses and experts. The law permits you to receive compensation for losses incurred in the form of economic loss as well as pain and suffering, and other damages. The key is to act fast. Intentional Torts Intentional torts are the result of deliberate actions by a person to hurt one another. They are the equivalent in civil law to crimes such as assault and robbery. As an injury lawyer you can aid those who have been victims of intentional torts by obtaining financial compensation for their damages and injuries. Intentional tort settlements are based on two kinds 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 is non-economic damages that cover intangible losses, such as suffering and suffering and loss of enjoyment of life, disability, disfigurement, and many more. Some intentional torts may also be punitive in nature, which is designed to punish the offender and deter any future wrongdoing. As you can see, it is essential that your lawyer for injury be aware of the various types of intentional torts. Your lawyer will need to prove the defendant's intent to harm you in order to be successful in your case. This can be difficult since many intentional torts are committed in the heat of a moment. An excellent example of an intentional tort is battery, which encompasses various forms of arousing contact with another person. Assault occurs when someone points an arrow at you or threatens to hit you with punches. But if the same person hits your vehicle with their car, it's likely going be viewed as an accident, not a deliberate act of violence. You may be able assert negligence as well as intentional tort depending on the circumstances. For instance, if a person drives recklessly and causes an accident that hurts you, the driver could be held accountable for negligence but not for intentional tort since it was not their intention to cause an accident. If the driver deliberately hit your vehicle to hurt you, this would be an intentional tort, and they would have to compensate you. Intentional torts can be followed by criminal charges and your lawyer can help you navigate the legal system. Statute of limitations A statute of limitations is a legal requirement that limits how long you have to pursue a lawsuit for an injury. It is often compared to the clock that starts at a certain time, is delayed or paused and then expires. A statute of limitations runs out when you cannot bring a lawsuit. The court will dismiss the case if the statute has expired. This is a method for the law to discourage people from filing claims that are not warranted and to protect the parties at fault from being sued for negligence too late. Each state has its own statute of limitations and there are many nuances that can differ from case to case. In New York City you have three years to file a lawsuit in the event of personal injury or product liability. Certain types of cases, like medical malpractice lawsuits have different deadlines. In certain circumstances the deadline for statutory claims can be extended or “tolled”. For instance, if a person is injured due to a negligent health care provider, the timer on the statute of limitations does not start until you actually discover your injuries, or the doctor should have reasonably discovered the cause of the injury. This is referred to as the discovery rule, and it is a frequent exception. Minors may also be an exception. In certain cases the statute of limitations could not start until the minor reaches an age. The most important thing to remember is that in the event that the statute of limitations expires in the next year, you won't be legally able to file a lawsuit for your injury. This is why it is imperative to consult with an injury lawyer as soon as you can after the incident and determine the amount of time you have left. Then, it is recommended to start the process of filing lawsuits before the deadline passes. In certain cases, if you wait too long, the evidence supporting your case could become outdated and difficult to prove. In addition the at-fault party as well as their insurance company are less likely to consider your claim seriously if filed too late. Liability Analysis Your lawyer will conduct an exhaustive analysis of the responsibility after gathering all the facts and evidence. This will involve a study of the law, statutes and the case law. In addition, they will examine the circumstances of the accident and injuries to establish a valid rationale for pursuing the claim against the parties responsible. Personal injury attorneys spend more time evaluating difficult or unusual accident scenarios and unique legal theories which require a thorough analysis. It is important to understand that there are very few situations where market share liability can be used to assign the cost of injury among manufacturers who's products cause the injury. It doesn't matter if it's in the context of personal injury claims that seek traditional tort damages or public nuisance claims seeking some kind of abatement, the application of market share liability in these situations acts as a tax on one group of consumers to pay for insurance on a different set of consumers' behalf and diminishes social welfare. This is because the idea that tort law can provide a type of insurance via risk spreading (either as tort damages or public nuisance abatement) is unfounded. Case Preparation The preparation of a case for trial takes time and resources. It requires the collection of medical documents as well as auto mechanic invoices, police reports, videos and photographs as well as any other evidence to support your claim. The process can be a stressful one and a good injury attorney will help you understand what you can expect from the other side of the table. Your lawyer may also ask you to open your book. This can be a challenge for clients who are sensitive to privacy. It's costly and time-consuming to build an effective case for full compensation. Your lawyer will have to hire experts in fields that are not within the normal practice of his or her practice, for instance, an expert doctor who can explain why your injury might require future surgery or an economist who can show how much your injury has affected your life and your ability to earn. Shreveport can be expensive and will likely be required to appear in court. Your attorney will prepare an written demand form that will recount your story, detailing the injuries you sustained. It will also provide evidence on how your injuries have affected your life. This will include a monetary demand for all medical expenses, lost wages and the potential loss of earnings in the future. It will also provide for your suffering and pain as well as any other economic or non-economic losses. Be aware that the investigators and lawyers of the opposing side will be closely watching your actions. Your behavior should be respectful and professional. In court, any inappropriate comments or actions will be considered against your case. It is important to follow the advice from your doctor and legal counsel.