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What Does an Injury Attorney Do? Lawyers for injury help clients navigate the legal jargon and paperwork that are typically involved in personal injury cases. Your lawyer will take photos of the scene of the accident, gather your medical records, talk to witnesses and experts. The law permits you to be compensated for financial losses, pain and suffering and other damages. Redwood City injury attorneys is to act fast. Intentional Torts As the name suggests intentional torts are person's deliberate acts to harm someone else. They are the equivalent to crimes such as assault and robbery. As an attorney for injury you can assist a victim of an intentional tort to seek financial compensation for their injuries and damage. Settlements for intentional torts are based on two types of damages. The first type of damages is called economic damages, which covers costs and expenses such as medical bills as well as property damage and lost income. Non-economic damages are those that result from intangible losses, such as discomfort and pain or discomfort, loss of enjoyment living disabilities, disfigurement, disability and more. Some intentional torts can also be punitive in nature, which is designed to punish the perpetrator and deter any future wrongdoing. As you can see from the above, it's essential that your injury lawyer be knowledgeable about the various types intentional torts. Your lawyer will have to prove the defendant's intent to hurt you to win your case. This isn't easy since many intentional torts are committed in the midst of a crisis. Battery is a good example of a crime that is a deliberate act. It covers a broad range of offensive contact. Assault happens when someone aims an object at you or threatens you with punches. If the person who is threatening you drives into your car, it will likely be considered an accident and not a deliberate crime. You may be able to claim for both negligence and an intentional tort, depending on the specific circumstances. For instance, if someone does something recklessly and causes an accident that hurts you, the driver could be held accountable for negligence, but not for intentional tort because it wasn't their intention to cause an accident. If a driver deliberately struck your vehicle to cause harm to you, this would be an intentional tort and they would be required to compensate you. Your attorney will assist you through the legal process. Intentional torts often come with criminal charges. Statute of limitations A statute of limitations is a legal rule which restricts the time that you have to file suit for an injury. It is often similar to a clock which begins, but can be delayed or paused and then eventually expires. When a statute of limitations expires and you are no longer able to file a claim and the case will be dismissed by the court. The law uses this to discourage people from filing unjustified lawsuits and protect the party at fault from being sued too late for negligence. Each state has its own statute of limitations and every situation is different. For example, in New York City, you generally have three years to file a personal injury lawsuit or a product liability lawsuit. However, some types of cases have different statutes of limitations, such as medical malpractice lawsuits that have a shorter period of time. In certain circumstances, the statutory deadline can be extended or “tolled”. In the case of a person who is injured due to a negligent health care provider, the timer on the statute of limitations doesn't begin until you have discovered your injuries, or the doctor should have reasonably discovered the injuries. This is known as the discovery rule and is an often-used exception to the statute of limitations. A minor can be an exception. In certain cases, the statute of limitation will not begin until a minor is of a certain age. It is important to remember that if you don't act within the time frame you could lose the right to pursue a claim for injury. This is why it is essential to speak with an injury lawyer as soon as you can after the incident to determine the amount of time you have left. It is best to file a lawsuit immediately following the incident. In some cases the delay of waiting too long may cause evidence to become old and difficult to prove. If you submit your claim too late the insurance company as well as the person who is at fault will not take it seriously. Liability Analysis If your lawyer for injury gathers all the relevant facts and evidence in a case they perform a thorough liability analysis. This will involve a review of the law, statutes, and the case law. They will also look at the incident and injuries to determine an appropriate reason to pursue a claim against the responsible party. Personal injury attorneys spend more time evaluating complex or unusual accidents and unique legal theories which require an in-depth analysis. It is important to realize that market share liability is only used in a very limited number of situations and cannot properly divide the costs of injury among manufacturers whose products caused injury. It doesn't matter if it's in the context of personal injury lawsuits seeking traditional tort damages, or public nuisance claims seeking a kind of abatement, the application of market share liability in these cases is a form of taxation that requires one set of consumers to pay for insurance on another set of consumers' behalf and reduces social benefits. This is because it isn't an absolute fact that tort law provides an insurance policy by spreading risk (either through tort damages or public nuisance abatement). Case Preparation Preparing for a trial requires time and resources. It involves gathering medical documents, auto mechanic invoices and police reports, as well as videos and photographs and any other evidence that will back your claim. A skilled injury lawyer will prepare you to handle the stress of the case. Your lawyer will also require 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 expensive and time-consuming. Your lawyer will have to engage experts in areas which are outside the scope of their practice, such as a doctor who can explain why your injury could require further surgery or an economist who can demonstrate how your injury affected your life and ability to earn. These experts can be costly and are likely to be required to testify in court. Your attorney will prepare an official demand letter which will tell your story by explaining your injuries and providing the evidence of how your injuries affected your life. This will include a monetary demand for all of your medical expenses as well as the potential loss of earnings in the future. This will compensate you for your pain, suffering and any other economic and non-economic losses. Remember that the lawyers and investigators of the other side will be watching closely your actions. Your conduct should be courteous and professional. In court, any unprofessional actions or comments will be a source of criticism against you. It is crucial to follow the advice of your doctors and legal counsel.