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What Does an Injury Attorney Do? An injury attorney helps clients navigate the complicated legal process as well as medical and insurance jargon, and mounds of paperwork that often accompany personal injury cases. Your lawyer will snap photos of the accident scene, gather your medical records, and interview witnesses and expert witnesses. The law permits you to be compensated for financial losses as well as pain and suffering, and other damages. It is crucial to act fast. Intentional Torts Like the name suggests intentional torts are person's deliberate acts to harm one another. They are the civil equivalent of crimes like assault and robbery. As an injury lawyer you can help victims of intentional torts in seeking financial compensation for their losses and injuries. Settlements for intentional torts are based on two types of damages. The one is referred to as economic damages that are used to cover costs and expenses like medical bills, property damage, lost income, and many more. The second category is non-economic damages that cover intangible losses, such as pain and suffering, loss of enjoyment of life, disability, disfigurement, and many more. Punitive damages can be awarded in some intentional torts to punish the perpetrator or deter future wrongdoing. As you can see from the above, it's crucial that your lawyer for injury be aware of the different kinds of intentional torts. In order to win an instance your lawyer needs to show that the defendant actually intended to cause the harm you sustained. This isn't easy since many intentional torts are committed in the midst of the moment. Battery is a great example of a crime that is a deliberate act. It covers a wide range of contact that is offensive. For instance when someone points a gun at you or seriously threatens to punch you, this is considered assault. But if the same person hits your vehicle with their car it's likely to be considered an accident and not a deliberate act of violence. You may be able to claim for negligence as well as an intentional tort, depending on the circumstances. If someone drives recklessly, and the result is harm, they may be held liable for negligence, but not for intentional tort since it was not their intention to cause the accident. However, if the driver deliberately hit your vehicle with their vehicle in order to hurt you, it would be an intentional tort and they would be liable for compensating you. Intentional torts are usually accompanied by criminal charges, and your lawyer will assist you navigate the legal system. Statute of limitations A statute of limitations is a legal rule which limits the time you have to file a lawsuit for an injury. It is often compared to a clock that starts, is delayed or paused and then finally expires. When a statute of limitations expires it is no longer possible to pursue a claim, and the case will be dismissed by the court. The law uses this to deter individuals from bringing unwarranted lawsuits and protect the person at fault from being sued later for negligence. Each state sets its own statute of limitations rules, and there are a myriad of variations that can differ from case to case. For instance, in New York City, you generally have three years to bring a personal injury lawsuit or a product liability suit. Certain types of cases like medical malpractice lawsuits have different deadlines. In addition, the statute of limitations may be extended or “tolled” in certain circumstances depending on the circumstances. In the case of a person who is injured due to a negligent health healthcare provider, the clock on the statute of limitations doesn't start until you actually discover your injuries or the doctor should have reasonably discovered the injuries. This is known as the discovery rule, and it's a common exception. Another exception is when the person is a minor, and in certain cases, the statute of limitations might not begin to run until they reach a specific age. The most important thing to remember is that if the statute of limitations runs out, you will no longer be allowed to file a claim for your injury. It is essential to speak with a personal injury attorney as soon after the incident as possible to find out how much remaining time you have. It is recommended to file a lawsuit immediately following the incident. In some cases when you are waiting too long, the evidence for your case may become outdated and difficult to prove. In addition the at-fault party and their insurance company are less likely to take your claim seriously if filed too late. Liability Analysis If your lawyer for injury collects all relevant facts and evidence in a case they conduct a thorough analysis. This includes analyzing the statutes, laws, case law, and legal precedents. Santa Clara injury lawyers will also examine the injuries and accident to determine a valid reason for pursuing an action against the responsible party. It can take longer for a personal injury lawyer to evaluate complicated or rare accident situations and unique legal theories that require an in-depth analysis than for a straightforward auto accident. It is important to understand that there are only a handful of contexts in which market share liability is able to assign the cost of injury among manufacturers who's products cause the injury. Whether it is in the case of personal injury claims that seek traditional tort damages or public nuisance claims seeking a type of abatement, application of market share liability in these situations is a form of taxation that requires one group of consumers to cover insurance on a different set of consumers' behalf. This reduces social benefits. This is because it is not true that tort law offers some form of insurance by spreading risk (either through tort damages or public nuisance abatement). Case Preparation Preparing for a trial takes time and resources. It requires collecting medical records, invoices for auto repairs, police reports and photographs along with other evidence to back up your claim. The process can be stressful and a good injury attorney will prepare you for what to expect from the other side of the table. Your lawyer will also ask you to become an open book, and this could be difficult for some clients who value privacy. It is expensive and time-consuming to build a strong case for full compensation. Your lawyer will need to hire experts who aren't part of their normal work. For instance doctors will explain why you may require a future procedure, or an economist can explain how your injury has affected your life and ability to earn. Experts in these fields can be costly, and they will likely be required to be a witness in court. Your lawyer will prepare an official demand letter that tells your story through describing your injuries and presenting the evidence of how your injuries have impacted your life. This includes a monetary demand for all of your medical bills, lost wages and future loss of earning potential. This will cover your suffering, pain as well as any other economic or non-economic expenses. It is important to remember that you will be subject to a heightened scrutiny by the other party's lawyers and investigators. Your conduct should be professional and respectful. In court, any inappropriate comments or actions will be used against your case. It is crucial to follow the advice from your doctors and legal counsel.