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What Does an Injury Attorney Do? Injury attorneys help clients navigate the legal terminology and paperwork typically associated with personal injuries. Your lawyer will take photos of the accident scene, collect your medical records, and interview witnesses and experts. The law permits you to be compensated for economic losses, pain and suffering and other damages. The most important thing is to act quickly. Intentional Torts Intentional torts are those that are the result of deliberate actions by a person to hurt one another. They are the equivalent in civil law to crimes such as assault and robbery. As an attorney for injury, you can help the victim of an intentional tort seek financial compensation for their injuries and the damages. Intentional tort settlements are based on two types of damages. The first type of damages is known as economic damages which covers costs and expenses such as medical bills property damage, medical bills and lost income. Non-economic damages are those that result from tangible losses, like discomfort and pain, loss of enjoyment of living as well as disability, disfigurement, and more. Some intentional torts can also be punitive in nature, which is designed to punish the perpetrator and deter future wrongdoing. As you can see from the above, it is essential that your injury lawyer be knowledgeable about the various kinds of intentional torts. Your lawyer will need to establish the defendant's intention to hurt you to be successful in your case. This can be difficult as many intentional torts are committed in the midst of the moment. A good example of an intentional tort is battery, which includes various forms of arousing contact with someone else. Assault occurs when someone points an object at you or threatens you with a punch. However, if that same person rams into your vehicle with their vehicle then it's likely be viewed as an accident, not an intentional act of violence. You could be able to be able to claim negligence and tort based on the specific circumstances. If someone drives recklessly, and the result is harm, they may be held accountable for negligence, but not for intentional tort since it was not their intention to cause the accident. If a driver deliberately struck your vehicle in order to hurt you, this would be an intentional tort, and they would have to compensate you. Intentional torts are often followed by criminal charges and your lawyer can help you navigate the legal process. Albuquerque injury lawsuits of Limitations A statute of limitations is a law which limits the time you can pursue a lawsuit for an injury. It is often compared to a clock that begins at a certain time, is delayed or paused until it expires. When the statute of limitations runs out it is no longer possible to file 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 at-fault party from being sued later for negligence. Each state has its own statute of limitations rules, and there are a variety of nuances that differ between cases. For example in New York City, you generally have three years to bring a personal injury lawsuit or a product liability lawsuit. Some types of cases, such as medical malpractice suits, have an additional time frame. Additionally, the statutory timeline can be extended or “tolled” in certain cases according to the circumstances. For instance, if someone is injured as a result of negligence by a health care provider, the timer on the statute of limitations doesn't begin until you have discovered your injuries, or the doctor could reasonably have discovered the cause of the injury. This is known as the discovery rule, and it is a frequent exception. Another exception is when the person is a minor and in certain cases, the statute of limitations might not begin running until they reach a particular age. It is important to remember that if you fail to act within the time limit, you may lose your right to pursue a claim for injury. It is important to consult an attorney who specializes in personal injury as soon as you can to determine how much remaining time you have. Then, it is recommended to begin the process of submitting an action before the deadline has passed. In certain cases, waiting too long can cause evidence to become old and difficult to prove. If you submit your claim too late, the insurance company and the party at fault will be less likely to take it seriously. Liability Analysis When your injury attorney gathers all the relevant facts and evidence in a case they conduct a thorough liability analysis. This includes analyzing the statutes, laws as well as case law and legal precedents. Additionally, they will also examine the incident's circumstances and injuries to provide the legal basis to pursue the claim against the responsible parties. It can take longer for a personal injury attorney to analyze complex or unusual accident circumstances and unique legal theories that require a thorough analysis than for a simple auto accident. It is important to understand that there are a few situations where market share liability can be used to assign the cost of injury among manufacturers who's products caused the injury. In the context of personal injury lawsuits seeking traditional tort damages or public nuisance claims requesting a type of abatement, application of market share liability in these cases is a form of taxation that requires one set of consumers in order to pay for insurance on another group of consumers' behalf. This reduces social welfare. This is because the idea that tort law offers some kind of insurance through risk spreading (either as tort damages or public nuisance abatement) is unfounded. Case Preparation Preparing for a trial requires time and money. It requires gathering medical documents, invoices for auto repairs photos, police reports, and police reports, as well as other evidence to back up your claim. The process is stressful and a reputable injury lawyer will help you understand what to expect from the other side of the table. Your lawyer will also ask you to open your book, and this could be difficult for certain clients who are adamant about privacy. The process of establishing a compelling argument for full compensation is costly and time-consuming. Your lawyer will need to engage experts in areas that are outside the normal scope of their practice, for instance, an expert doctor who can provide a reason for why your injury might require future surgery or an economist who can show how your injury affected your life and your potential earnings. Experts in these fields can be costly, and they will likely be required to testify in the courtroom. Your lawyer will prepare a written demand package 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 of your medical expenses, lost wages and the loss of future earning capacity. It will also cover your suffering and pain as well as any other economic or non-economic expenses. Be aware that the investigators and lawyers from the opposing side will be closely scrutinizing your actions. Your conduct should be courteous and professional. In court, any unprofessional remarks or actions could be used against you. It is important to follow the guidelines of your medical professional and legal counsel.