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What Does an Injury Attorney Do?

An injury attorney helps clients navigate complex legal procedures as well as medical and insurance jargon and mountains of paperwork that usually accompany personal injury cases. Your lawyer will take photos of the scene of your accident as well as gather medical records, interview witnesses and expert witnesses.

The law permits you to receive compensation for losses incurred in the form of economic loss, pain and suffering and other damages. The most important thing is to act fast.

Intentional Torts

Intentional torts are the result of deliberate actions by a person to hurt someone else. They are the equivalent in civil law to crimes such as assault and robbery. As an attorney for injury, you can help victims of an intentional tort seek financial compensation for their injuries and damage. Settlements for intentional torts are based upon two types of damages. The first type is known as economic damages which cover costs and expenses like medical bills property damage, medical bills and lost income. Non-economic damages are those that result from intangible losses like discomfort and pain, loss of enjoyment of living disabilities, disfigurement, disability and more. Punitive damages can be awarded in certain intentional torts to punish the perpetrator or discourage future wrongdoing.

As you can see from the above, it's important that your injury lawyer be knowledgeable about the various kinds of intentional torts. In order to win an instance your lawyer needs to establish that the defendant intended to cause the harm you sustained. This can be a challenge as many intentional torts are committed in the midst of the moment.

A good example of an intentional tort is battery, which encompasses various types of arousing contact with an individual. Assault is when someone points a weapon at you or threatens you with a punch. If the person who is threatening you crashes into your car it is likely to be viewed as an accident and not a crime committed with intent.

You might have a claim for negligence as well as an intentional tort, based on the circumstances. For instance, if a person does something recklessly and causes an accident that hurts you, the driver may be held liable for negligence, but not for intentional tort, since it was not their intent to cause the accident.

If a driver deliberately struck your vehicle in order to cause harm to you, it would be an intentional tort and they would be required to compensate you. Intentional torts are usually followed by criminal charges and your attorney will help you navigate the legal process.

Statute of limitations

A statute of limitations is a legal requirement that limits how long you have to file a lawsuit over an injury. It is often compared to a clock that begins and then is delayed or paused and then expires. When a statute of limitations expires and you are no longer able to make a claim and the case will be dismissed by the court. The law is designed to discourage people from filing unwarranted lawsuits, and also to shield the person at fault from being sued late for negligence.

Each state has its own statutes of limitation and every case is unique. In New York City you have three years generally to file a lawsuit in the event of personal injury or product liability. However, certain kinds of cases have a different statute of limitations such as medical malpractice lawsuits which have a shorter time frame. In certain circumstances, the statutory deadline can be extended or "tolled".


If you're injured by negligence of a healthcare provider, for example the statute of limitations clock does not begin until you find out about 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. Minors can also be an exception. In some instances the statute of limitations could not start until the minor is of the age of.

The most important thing to remember is that when the statute of limitations expires in the next year, you won't be allowed to file a claim for your injury. This is the reason it is crucial to consult an injury attorney as soon as possible after the incident to determine the amount of time you have left. Then, it is best to begin the process of filing an action before the deadline passes. In certain cases when you are waiting too long, the evidence in your case may become outdated and difficult to prove. If you submit your claim too late, the insurance company and the party at fault will be less likely consider it a serious matter.

Liability Analysis

Your lawyer will conduct a thorough analysis of responsibility after gathering all the facts and evidence. New Orleans injury attorney YouTube includes analyzing the statutes, laws, case law, and legal precedents. In addition, they will also analyze the accident circumstances and injuries to provide the legal basis to pursue the claim against the responsible parties. Personal injury attorneys are more adept at analyzing difficult or unusual accident scenarios and unique legal theories which require an in-depth analysis.

It is essential to recognize that there are only a handful of situations where market share liability can be used to allocate the costs of injury among manufacturers who's products caused the injury. Whether it is in the context of personal injury lawsuits seeking 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 set of consumers in order to pay for insurance on a different group of consumers' behalf. It also diminishes social welfare. This is because it isn't an absolute fact that tort law provides some kind of insurance spreading risk (either through tort damages or public nuisance abatement).

Case Preparation

The preparation for a trial takes time and money. It involves gathering medical records, auto repair invoices police reports and photos, as well as other evidence to support your claim. A good injury lawyer will prepare you for the stress of the process. Your lawyer might also require you to sign an open book. This isn't easy for clients who are sensitive to privacy.

The process of establishing a compelling argument for full compensation can be time consuming and expensive. Your lawyer will have to employ experts in fields that are not within the normal scope of their practice, for instance, 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 your potential earnings. Experts in these fields can be costly and will most likely be required to testify in court.

Your lawyer will prepare an written demand document that will tell your story by describing your injuries and presenting the evidence of how your injuries have impacted your life. This will include an amount of money to cover all of your medical expenses, lost wages and any future loss of earning capacity. This will compensate you for your suffering, pain and any other economic and non-economic loss.

Keep in mind 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 inappropriate remarks or actions could be considered against you. It is important to follow the advice of your doctors and your legal team.

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