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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 piles of paperwork that usually accompany personal injury cases. Your lawyer will take photos of the scene of your accident, gather your medical records, talk to witnesses and expert witnesses. The law allows you to receive compensation for financial losses or pain and suffering as well as other damages. Acting quickly is key. Intentional Torts As the name suggests intentional torts are person's deliberate actions that cause harm to one another. They are the equivalent in civil law 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 upon two types of damages. The one is referred to as economic damages which include costs and expenses such as medical bills, property damages, lost income and many more. Non-economic damages include tangible losses, like pain and discomfort, loss of enjoyment of living disabilities, disfigurement, disability and more. Punitive damages are awarded in some intentional torts to punish the perpetrator or to deter future wrongful conduct. As you will see, it's essential that your lawyer for injury be well-versed in the different kinds of intentional torts. Your lawyer must establish the defendant's intention to harm you in order to be successful in your case. This can be a challenge since many intentional torts occur in the heat of a moment. A good example of an intentional tort is battery, which covers various types of arousing contact with someone else. Assault happens when someone aims an object at you or threatens you with punches. However, if that person also hits your vehicle with their car then it's likely be viewed as an accident, not an intentional act of violence. You might have a claim for negligence as well as an intentional tort, based on the specific circumstances. If someone drives recklessly, and the crash causes you injury, they could be held responsible for negligence, but not necessarily for intentional tort, because it was not their intention to cause the accident. However, if a driver purposely struck your vehicle with their vehicle to inflict harm on you, it would be an intentional tort and they would be held accountable for compensation. Intentional torts can be accompanied by criminal charges, and your lawyer can help you navigate the legal system. Statute of Limitations A statute of limitations is a legal requirement that limits how long you can file a lawsuit over an injury. It is often compared to a clock which starts at a certain time, is delayed or paused and then expires. When a statute of limitations expires, you can no longer make a claim and the case will be dismissed by the court. The law uses this to deter people from filing unwarranted lawsuits, and also to shield the party at fault from being sued later for negligence. Each state has its own statute of limitations rules, and there are a myriad of variations that differ between cases. For instance in New York City, you generally have three years to bring a personal injury lawsuit or a product liability lawsuit. Certain types of cases, such as medical malpractice suits have an additional time frame. Additionally, the statutory timeline may be extended or “tolled” in certain circumstances according to the circumstances. For instance, if someone is injured as a result of negligence by a health healthcare provider, the clock on the statute of limitations will not start until you actually discover your injuries or that the doctor could reasonably have discovered them. This is referred to as the discovery rule and it's a common exception. Another exception is when the person is a minor, and in some cases the statute of limitations may not start to run until they reach a certain age. It is important to keep in mind that if you do not act within the time frame, you may lose your right to pursue a claim for injury. This is why it is imperative to consult with an injury lawyer immediately after the incident to determine the amount of time you have left. It is recommended to make a claim as soon as possible after the incident. In certain cases the delay of waiting too long may cause evidence to become outdated, making it more difficult to prove. If you make your claim too late the insurance company and the person who is at fault will not take it seriously. Liability Analysis When your injury attorney collects all the relevant information and evidence in a case, they conduct a thorough liability analysis. This includes a thorough study of the law, statutes and cases. In addition, they'll also examine the incident's circumstances and injuries to establish an appropriate basis for pursuing the claim against the parties responsible. It can take longer for a personal injury lawyer to analyze complex or unusual accident situations and unique legal theories that require a thorough analysis than for a straightforward auto accident. It is crucial to understand that market share liability is only applied in a limited amount of circumstances and cannot properly assign the cost of injury to producers whose products have caused injuries. Market share liability is a form of tax that affects one group of consumers who are paying for insurance on behalf of a different group of consumers. This is a negative impact on social welfare. This is because it is not an absolute fact that tort law provides an insurance policy by spreading risk (either through tort damages or public nuisance abatement). Case Preparation Preparing a case for trial takes time and money. It involves gathering medical records, auto repair invoices, police reports and photographs along with other evidence to back up your claim. The process can be a stressful one, and a reputable injury lawyer will be able to help you prepare for what you can expect from the other side of the table. Your lawyer may also ask you to sign an open book. This can be a challenge for clients who are sensitive to privacy. It's costly and time-consuming to build an effective case for full compensation. Your lawyer will have to hire experts who are outside of their usual practice. For example an expert doctor can explain why you may need future surgery or an economist can show how your injuries have affected your life and ability to earn. These experts can be costly and are likely to be required to testify at the court. Your attorney will prepare an official demand letter that will tell your story through explaining your injuries and providing the evidence of how your injuries have impacted your life. This includes a monetary demand for all medical bills, lost wages and the potential loss of earnings in the future. It will also pay for your pain and suffering and any other economic or noneconomic expenses. Be aware that the lawyers and investigators from the opposing side will be watching closely your actions. Your conduct must be professional and respectful. Any inappropriate behavior or remarks could be used against you in court. Boston injury attorney is essential to follow the advice of your doctor and legal team.