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What Does an Injury Attorney Do? Albany for injury help clients navigate the legal terminology and paperwork often involved in personal injuries. Your lawyer will take photographs of the scene of your accident as well as gather medical records, talk to witnesses and expert witnesses. The law allows you to be compensated for economic losses or pain and suffering as well as other damages. It is crucial to act swiftly. Intentional Torts As the name suggests intentional torts are person's deliberate actions that cause harm to one another. They are the civil equivalent to crimes like assault and robbery. As an injury lawyer you can help victims of intentional torts in seeking the financial compensation they deserve for their damages and injuries. Intentional tort settlements are based on two kinds of damages. The first kind of damage is known as economic damages, which covers expenses and costs such as medical bills property damage, medical bills and lost income. The other category is non-economic damage which include intangible losses like suffering and suffering and loss of enjoyment of life and disability, disfigurement 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 familiar with the different kinds of intentional torts. Your lawyer must demonstrate the defendant's intention to hurt you in order to be successful in your case. This can be difficult, as many intentional torts occur in the midst of a crisis. A good example of an intentional tort is battery, which encompasses different types of offensive contact with an individual. For instance, if someone points at you with a gun or credibly threatens to punch you, this is regarded as an assault. However, if that person also hits your vehicle with their car then it's likely be viewed as an accident and not a deliberate act of violence. You could be able to be able to claim negligence and tort depending on the circumstances. If someone drives recklessly, and the result is harm, they may be held responsible for negligence, but not intentional tort since it was not their intention to cause the accident. If the driver deliberately hit your vehicle in order to cause harm to you, this is considered to be an intentional act, and they would have to compensate you. Your attorney will assist you through the legal process. Intentional torts are often associated with criminal charges. Statute of Limitations A statute of limitations is a legal provision that restricts the time that you have to file a lawsuit for an injury. It is often compared to a clock that starts, is delayed, or paused, and then expires. A statute of limitations runs out when you are unable to make a claim. The court will decide to dismiss the case if the statute of limitations has expired. This is a method for the law to discourage people from filing claims that are not warranted and to protect the parties at fault from being sued for negligence after it is too late. Each state has its own statutes of limitations and every case is unique. In New York City you have three years to file a lawsuit if you are claiming personal injury or product liability. However, some types of cases have different statutes of limitations, such as medical malpractice lawsuits which have a shorter time frame. In addition, the statute of limitations can be extended or “tolled” in certain instances in accordance with the circumstances. In the case of a person who is injured due to a negligent health care provider, the clock on the statute of limitations doesn't begin until you have discovered your injuries or the doctor should have been able to reasonably discover them. This is referred to as the discovery rule and it is a frequent exception. Minors may be an exception. In certain cases, the statute of limitation could not start until the minor reaches an age. It is important to remember that if you don't act within the specified timeframe you could lose the right to sue for an injury. This is why it is imperative to speak with an injury lawyer as soon as you can after the incident and determine the amount of time you have left. It is best to start a lawsuit as soon as possible after the incident. In certain cases, waiting too long can result in evidence becoming stale, making it difficult to prove. In addition the at-fault party and their insurance company will be less likely to take your claim seriously if filed too late. Liability Analysis Your lawyer will conduct a thorough analysis of liability after gathering all facts and evidence. This includes analyzing the statutes, laws as well as case law and legal precedents. In addition, they will examine the circumstances of the accident and injuries to provide an appropriate basis for pursuing the lawsuit against the responsible parties. It is generally more time-consuming for a personal injury lawyer to evaluate complicated or rare accident situations and unique legal theories that require a thorough analysis than for a straightforward auto accident. It is important to realize that market share liability can only be used in a very limited number of situations, and will not properly assign the cost of injury to manufacturers whose products caused injuries. Market share liability is a tax imposed on one group of consumers who are paying for insurance on behalf of another group of consumers. This reduces social welfare. This is because the idea that tort law can provide a form of insurance through risk spreading (either as tort damages or public nuisance abatement) is not true. Case Preparation The preparation for a trial takes time and resources. It requires collecting medical documents and invoices for auto repairs, police reports and photographs, as well as 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 to expect from the other side of the table. Your lawyer will also require you to open your book, and this could be a challenge for some clients who are adamant about privacy. It's costly and time-consuming to create a strong case for full compensation. Your lawyer will have to engage experts in areas that are not within the normal scope of his or her practice, for instance, doctors who can explain why your injury might require future surgery or an economist who can show how your injury has impacted your life and ability to earn. These experts can be expensive and will most likely be required to testify in the courtroom. Your lawyer will draft a written demand package that tells your story by describing your injuries and presenting the evidence of how your injuries have impacted your life. This will include a monetary demand for all of your medical expenses, lost wages and the potential loss of earnings in the future. This will cover your pain, suffering and any other economic and non-economic expenses. Keep in mind that the lawyers and investigators of the opposing side will be closely watching your actions. Your behavior should be professional and respectful. In court, any unprofessional actions or comments will be considered against you. It is important to follow the advice of your doctor and legal counsel.