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What Does an Injury Attorney Do? An injury attorney helps clients navigate complex legal procedures, medical and insurance jargon, and mounds of paperwork that usually accompany personal injury cases. Your lawyer will snap photos of the scene of the accident, gather your medical records, talk to witnesses and experts. After an injury After an accident, the law permits you to claim compensation for your economic losses as well as suffering. Gastonia injury lawsuit is crucial to act quickly. Intentional Torts Like the name suggests, intentional torts involve a person's deliberate acts to harm someone else. They are the civil equivalent to crimes such as assault and robbery. As an injury lawyer you can help those who have been victims of intentional torts in seeking financial compensation for their damages and injuries. Intentional tort settlements are based on two types of damages. The first type is called economic damages, which covers expenses and costs such as medical bills property damage, medical bills and lost income. The second category is non-economic damages which encompasses 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 to deter future wrongful conduct. As you can see from the above, it is crucial that your lawyer for injury be aware of the different types intentional torts. Your lawyer will need to prove the defendant's intent to hurt you in order to prevail in your case. This isn't easy since many intentional torts are committed in the heat of the moment. A good example of an intentional tort is battery, which encompasses various types of contact that is offensive to another person. Assault is when someone points an object at you or threatens to hit you with punches. However, if that same person rams into your vehicle with their car then it's likely be viewed as an accident and not an intentional act of violence. You could be able to file a claim for both negligence and an intentional tort, depending on the circumstances. If someone drives recklessly, and the accident causes you harm, they may be held responsible for negligence, but not intentional tort, since it was not their intent to cause the incident. If the driver deliberately hit your vehicle to hurt you, this would be an intentional tort and they would be required to compensate you. Your lawyer will assist you through the legal process. 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 a lawsuit for an injury. It is often like a clock that begins, but can be delayed or paused and then finally expires. A statute of limitations expires when you are no longer able to make a claim. The court will dismiss the case if the statute of limitations has expired. The law is designed to discourage people from filing unwarranted lawsuits and to protect the at-fault party from being sued later for negligence. Each state has its own statute of limitations rules and there are a myriad of variations that can differ from case to case. For example, in New York City, you generally have three years to file a personal injury lawsuit or a product liability lawsuit. Some types of cases, like medical malpractice lawsuits have a different time limit. In certain situations the statute of limitations can be extended or “tolled”. If you're injured by negligence of a healthcare provider, such as the statute of limitations clock does not start until you discover your injuries, or the doctor has a reasonable expectation that they will be discovered. This is called the discovery rule and is an often-used exception to the statute of limitations. Another exception is when the person is a minor and in some instances, the statute of limitations may not begin running until they reach a particular age. The most important thing to keep in mind is that if the statute of limitations runs out in the next year, you won't be able to file a lawsuit for your injury. This is why it is imperative to consult with an injury lawyer as soon as possible after the incident and find out how much time you have left. It is recommended to file a lawsuit as soon as you can after the incident. In some cases, waiting too long can cause evidence to become stale, making it difficult to prove. If you make your claim too late, the insurance company and the person who is at fault will be less likely take it seriously. Liability Analysis If your lawyer for injury collects all the relevant information and evidence in a case, they perform a thorough liability analysis. This will involve a review of the law, statutes, and cases. In addition, they'll examine the circumstances of the accident and injuries to provide a valid rationale for pursuing the lawsuit against the responsible parties. It is generally more time-consuming for a personal injury attorney to analyze complex or unusual accident circumstances and unique legal theories that require a thorough analysis than for a straightforward auto accident. It is crucial to recognize that market share liability is only applied in very limited circumstances, and will not properly assign the cost of injury to manufacturers whose products cause injuries. 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 affects social welfare. 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 unfounded. Case Preparation The preparation for a trial takes time and money. It involves collecting medical documents and auto mechanic invoices along with police reports, photographs and video recordings and any other evidence to support your claim. The process can be a stressful one and a reputable injury lawyer will prepare you for what you can expect from the other side of the table. Your lawyer will also ask you to open your book, which can be difficult for some clients who value privacy. The process of establishing a compelling argument for full compensation can be costly and time-consuming. Your lawyer will have to hire experts who aren't part of their normal practice. For instance an expert doctor will explain why you may need future surgery or an economist could explain how your injury has affected your life and the ability to earn. These experts are expensive and will likely be required to testify in the court. Your attorney will prepare an written demand package which will tell your story, including details of the injuries you sustained. It will also present evidence on how your injuries have affected you. This will include the monetary value of all of your medical expenses, lost wages, and any future loss of earning capacity. It will also provide for your pain and suffering and any other economic or non-economic losses. Keep in mind that the investigators and lawyers of the other side will be closely watching your actions. Your conduct should be professional and respectful. In court, any inappropriate comments or actions will be considered against your case. It is essential to follow the advice from your medical professional and legal counsel.