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What Does an Injury Attorney Do? An injury lawyer can help clients navigate the complicated legal process, medical and insurance jargon, and mounds of paperwork that usually accompany personal injury cases. Your lawyer will take photographs of the accident scene, gather your medical records, talk to witnesses and expert witnesses. The law allows you to receive compensation for economic losses or pain and suffering as well as other damages. The most important thing is to act quickly. Intentional Torts Intentional torts involve someone's deliberate actions to hurt someone else. They are the civil equivalent to crimes such as assault and robbery. As an injury lawyer, you can assist those who have been victims of intentional torts in seeking the financial compensation they deserve for their damages and injuries. Settlements for intentional torts are based on two kinds of damages. The first is known as economic damages, which are used to cover costs and expenses such as medical bills, property damages, lost income and many more. Non-economic damages refer to intangible losses, such as pain and discomfort, loss of enjoyment of living, disability, disfigurement and more. Punitive damages are awarded in some intentional torts to punish the perpetrator or discourage future wrongdoing. As you will see, it's essential that your injury attorney be aware of the various kinds of intentional torts. Your lawyer will need to demonstrate the defendant's intention to harm you in order to prevail in your case. This isn't easy since many intentional torts are committed in the heat of the moment. Battery is a good example of a crime that is deliberate. It covers a broad range of offensive contact. Assault occurs when someone points an arrow at you or threatens to hit you with punches. But if the person also hits your vehicle with their vehicle, it's likely going be viewed as an accident and not a deliberate act of violence. You may be able claim both negligence and intentional tort, based on the circumstances. For instance, if a person drives recklessly and causes an accident that hurts you, the driver may be held responsible in negligence, but not for an intentional tort because it wasn't their intention to cause an accident. If the driver intentionally struck your vehicle in order to hurt you, it is an intentional tort, and they would have to compensate you. Your attorney will assist you through the legal procedure. Intentional torts usually come with criminal charges. Statute of Limitations A statute of limitations is a legal requirement that restricts the time that you have to file suit for an injury. It is often similar to a clock which starts, is delayed, or paused and then eventually expires. When the statute of limitations runs out, you can no longer make a claim and the case will be dismissed by the court. The law is designed to discourage people from filing unwarranted lawsuits and to protect the person at fault from being sued later for negligence. Each state has its own statute of limitations, and each case is different. For instance in New York City, you generally have three years to file a personal injury lawsuit or product liability lawsuit. However, certain types of cases have different statutes of limitations, such as medical malpractice lawsuits that have a shorter timeframe. In certain circumstances the statute of limitations can be extended or “tolled”. If you are injured by an unprofessional healthcare provider, such as, the time limit for a statute of limitations does not start until you discover 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 person is a minor, and in some cases the statute of limitations might not begin to run until they reach a certain age. The most important thing to remember is that if the statute of limitations expires at the end of the year, you will not be allowed to file a claim for your injury. It is essential to speak with an attorney who specializes in personal injury as soon after the incident as you can to determine how much remaining time you have. Then, it is recommended to start the process of filing lawsuits before the deadline expires. In some cases, if you wait too long, the evidence supporting your case can become stale and difficult to prove. If you make your claim too late the insurance company as well as the person responsible for the mistake will be less likely to take it seriously. Liability Analysis If your lawyer for injury collects all the relevant information and evidence in a case they conduct a thorough analysis. This will involve a study of the law, statutes and cases. They will also examine the injuries and accident to determine the legal basis for filing claims against the party responsible. Personal injury attorneys spend more time evaluating complicated or rare accident situations and unique legal theories that require an in-depth analysis. It is crucial to understand that market share liability can only be applied in very limited circumstances, and will not properly allocate costs of injury between producers whose products have caused injury. Market share liability is a tax on one group of consumers who are paying for insurance on behalf of a different group of consumers. This is a negative impact on social welfare. This is because the idea that tort law can provide a kind of insurance through risk spreading (either as tort damages or public nuisance abatement) is not true. Case Preparation Preparing for a trial requires time and money. It requires the collection of medical documents as well as auto mechanic invoices along with police reports, videos and photographs and any other evidence to prove your claim. A skilled injury lawyer will prepare you to handle the stress of the process. Chandler injury lawyer might also require you to open your book. This isn't easy for those who value privacy. It is expensive and time-consuming to create an argument that is strong enough to win compensation. Your lawyer will have to hire experts in fields which are outside the scope of their practice, such as a doctor who can provide a reason for why your injury might require future surgery, or an economist who can prove how your injury affected your life and potential earnings. Experts in these fields can be costly, and they will likely need to appear in court. Your lawyer will draft an written demand document which will tell your story through describing your injuries and presenting the evidence of how your injuries have affected your life. This includes a monetary demand for all medical expenses and lost wages as well as a future loss of earning potential. This will pay for your pain, suffering and any other economic and non-economic expenses. It is important to remember that you will be subjected to a heightened scrutiny by the other party's lawyers and investigators. Your behavior should be respectful and professional. In court, any unprofessional remarks or actions could be a source of criticism against you. It is essential to follow the advice of your doctor and legal team.