What Does an Injury Attorney Do?
Injury attorneys help clients navigate the legal terminology and paperwork typically involved in personal injury cases. Your lawyer will take photographs of the scene of your accident and gather medical records, interview witnesses and expert witnesses.
The law allows you to be compensated for economic losses, pain and suffering and other damages. The key is to act quickly.
Intentional Torts
As the name suggests, intentional torts involve a person's deliberate actions that cause harm to someone else. They are the civil equivalent to crimes like assault and robbery. As an injury lawyer, you can help victims of intentional torts to seek the financial compensation they deserve for their damages and injuries. Settlements for intentional torts are based on two types of damages. The first is referred to as economic damages which include costs and expenses such as medical bills property damage, lost income, and more. Non-economic damages include intangible losses, such as discomfort and pain or discomfort, loss of enjoyment living disabilities, disfigurement, disability and more. Certain intentional torts could involve punitive damages which are intended to punish the perpetrator and deter future wrongdoing.
As you can see, it is essential that your injury attorney be knowledgeable about the different types of intentional torts. Your lawyer will need to establish the defendant's intention to hurt you in order to win your case. accident injury law firm can be a challenge because many intentional torts occur in the midst of an incident.
An excellent example of an intentional tort is battery, which covers different types of contact that is offensive to an individual. Assault is when someone points an arrow at you or threatens to hit you with punches. But if the same person hits your vehicle with their vehicle it's likely be viewed as an accident, not an intentional act of violence.
You could be able to file a claim for negligence as well as an intentional tort, depending on the specific circumstances. For instance, if a person does something recklessly and causes an accident that hurts you, the driver could be held responsible for negligence but not for intentional tort because it was not their intention to cause an accident.
If the driver intentionally struck your vehicle to cause harm to you, it is considered to be an intentional act, and they would have to compensate you. Your lawyer will guide you through the legal process. Intentional torts often come with criminal charges.
Statute of Limitations
A statute of limitations is a law which limits the time you can bring a lawsuit relating to an injury. It is often compared with a clock that begins, can be delayed or paused until it expires. The statute of limitations runs out when you are no longer able to make a claim. The court will dismiss the case if the statute has expired. The law uses this to discourage people from filing unjustified lawsuits, and also to shield the person at fault from being sued late for negligence.
Each state has its own statute of limitations and there are a variety of nuances that differ between cases. In New York City you have three years to file a lawsuit for personal injury or product liability. Some types of cases, like medical malpractice lawsuits are subject to an additional time frame. In certain circumstances the deadline for statutory claims can be extended or "tolled".
If you're injured by negligence of a healthcare provider, for instance, the statute of limitations clock does not begin until either you discover your injuries, or the doctor has a reasonable expectation that they will be discovered. This is known as the discovery rule and is an often-used exception to the statute of limitations. Another exception is when the injured person is a minor, and in some cases the statute of limitations may not start to run until they reach a specific 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. It is crucial to speak with a personal injury attorney as soon as possible to find out the amount of time you have. It is best to make a claim as soon as possible after the incident. In some instances when you are waiting too long, the evidence supporting your case may become outdated and difficult to prove. If you make your claim too late the insurance company as well as the party at fault will not consider it a serious matter.
Liability Analysis
Your lawyer will conduct an exhaustive analysis of the liability after gathering all facts and evidence. This will include reviewing the statutes, laws as well as case law and legal precedents. They will also examine the injuries and accident to determine a valid reason for pursuing a claim against the responsible party. Personal injury lawyers are more adept at analyzing complex or unusual accidents and unique legal theories which require an in-depth analysis.
It is crucial to understand that market share liability is only applied in very limited circumstances, and will not properly allocate costs of injury between manufacturers whose products cause injury. In the context of personal injury lawsuits that seek traditional tort damages or public nuisance claims seeking a form of abatement, the application of market share liability in these cases serves as taxation on one set of consumers in order to pay for insurance on another set of consumers' behalf. It also diminishes social welfare. This is because it's not an absolute fact that tort law provides some kind of insurance spreading risk (either through tort damages or public nuisance abatement).
Case Preparation
Preparing for a trial requires time and money. It involves gathering medical records as well as auto mechanic invoices and police reports, as well as videos and photographs, as well as any other evidence to support your claim. The process is stressful and a good injury lawyer will be able to help you prepare for what you can expect from the other side of the table. Your lawyer might also require you to be an open book. This isn't easy for those who value privacy.
Making a convincing case for full compensation can be time consuming and expensive. Your lawyer will need to employ experts that are not part of their normal work. For instance an expert doctor will explain why you may require future surgery, or an economist can show how your injury has impacted your life and the ability to earn. Experts in these fields can be costly and will most likely have to appear in court.
Your attorney will prepare an official demand letter that will tell your story by detailing your injuries and presenting the evidence of how your injuries have affected your life. This will include the monetary value of all medical expenses, lost wages and future loss of earning capacity. This will compensate you for your pain, suffering as well as any other economic or non-economic loss.
Keep in mind that the investigators and lawyers from the opposing side will be closely scrutinizing your actions. Your behavior should be respectful and professional. Any inappropriate behavior or remarks will be used against you in court, and it is crucial to adhere to the advice of your doctors and legal team.