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What Does an Injury Attorney Do? An injury attorney helps clients navigate complicated legal procedures the jargon of insurance and medical and mountains of paperwork that are often associated with personal injury cases. Your lawyer will take photos of the scene of the accident, gather your medical records, talk to witnesses and expert witnesses. The law permits you to receive compensation for economic losses, pain and suffering and other damages. Acting quickly is key. Intentional Torts Intentional torts involve someone's deliberate actions to harm one another. They are the civil equivalent to crimes such as assault and robbery. As an injury lawyer you can help a victim of intentional torts by obtaining the financial compensation they deserve for their damages and injuries. Settlements for intentional torts are based on two types of damages. The first is known as economic damages, which are used to cover costs and expenses like medical bills, property damage, lost income and many more. The second is non-economic damages which include intangible losses like suffering and suffering, loss of enjoyment of life disabilities, disfigurement, and more. Punitive damages can be awarded in certain intentional torts to punish the perpetrator or deter future wrongdoing. As you can see, it's crucial that your lawyer for injury be aware of the various kinds of intentional torts. Your lawyer will have to demonstrate the defendant's intention to harm you in order to win your case. This isn't easy, as many intentional torts are committed in the midst of an incident. An excellent example of an intentional tort is battery, which includes various forms of offensive contact with someone else. Assault happens when someone aims an object at you or threatens to hit you with punches. If the same person is able to drive into your vehicle it is likely to be viewed as an accident and not a crime committed with intent. You may be able to claim for negligence as well as an intentional tort, based on the specific circumstances. If someone drives recklessly, and the result is harm, they may be held liable for negligence, but not for intentional tort, because it was not their intention to cause the accident. If the driver intentionally struck your vehicle to hurt you, this is an intentional tort and they would be required to compensate you. Intentional torts are often associated with criminal charges, and your lawyer will assist you navigate the legal system. Statute of Limitations A statute of limitation is a legal requirement that limits the time you have to file a lawsuit for an injury. It is often compared to the clock that starts at a certain time, is delayed or stopped, and then 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 unjustified lawsuits and protect the at-fault party from being sued late for negligence. Each state has its own statutes of limitations and each situation is different. For example in New York City, you generally have three years to start a personal injury or a product liability suit. However, some types of cases have a different statute of limitations, such as medical malpractice lawsuits that have a shorter period of time. Additionally, the statutory timeline can also be extended or “tolled” in certain instances in accordance with the circumstances. For instance, if a person is injured as a result of negligence by a health care provider, the clock on the statute of limitations will not begin until you are aware of your injuries or that the doctor should have been able to reasonably discover them. This is called the discovery rule, and is an common exception to the statute of limitations. Minors may also be a exception. In some instances the statute of limitations could not start until the minor attains an age. The most important thing to bear in mind is that when the statute of limitations runs out at the end of the year, you will not be able to file a lawsuit for your injury. This is the reason it is crucial to consult with an injury lawyer as soon as possible after the incident and find out how much time you have left. It is best to file a lawsuit as soon as possible after the incident. In some instances, if you wait too long, the evidence supporting your case may become outdated and difficult to prove. Additionally, the at-fault party and their insurance company will be less likely to take your claim seriously if filed too late. Liability Analysis Your lawyer will conduct an extensive analysis of liability after gathering all facts and evidence. This will include a study of the law, statutes, and cases. They will also examine the accident and injuries to determine an appropriate reason to pursue claims against the responsible party. It can take longer for a personal injury lawyer to evaluate complicated or rare accident scenarios and unique legal theories that require a more thorough analysis than a simple auto accident. It is important to understand that there are a few instances where market share liability is able to assign the cost of injury among the companies who's products cause the injury. Whether it is in the context of personal injury lawsuits that seek traditional tort damages or public nuisance claims seeking a type of abatement, application of market share liability in these cases serves as taxation on one set of consumers in order to cover insurance on a different set of consumers' behalf and reduces social benefits. This is because it is not true that tort law offers some kind of insurance spreading risk (either through tort damages or public nuisance abatement). Case Preparation The preparation for a trial takes time and resources. Portland injury lawsuits involves collecting medical documents and invoices for auto repair police reports and photos along with other evidence to support your claim. A skilled injury lawyer will prepare you to handle the stress of the case. Your lawyer may also ask you to be an open book. This can be a challenge for clients who value privacy. Building a compelling case for full compensation can be costly and time-consuming. Your lawyer will need to engage experts in areas that are not within the normal scope of their practice, like an expert doctor who can explain the reason your injury could require further surgery, or an economist who can demonstrate how your injury has affected your life and potential earnings. These experts are costly and will most likely have to testify in court. Your attorney will prepare a written demand package which will detail your story, describing the injuries you sustained. It will also include evidence on how your injuries have affected your life. This includes a monetary demand for all medical bills, lost wages and future loss of earning potential. It will also pay for your pain and suffering and any other economic or noneconomic expenses. Be aware that the investigators and lawyers from the opposing side will be watching closely your actions. Your conduct must be respectful and professional. In court, any unprofessional remarks or actions could be a source of criticism against your case. It is essential to follow the advice of your doctor and legal counsel.