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What Does an Injury Attorney Do? An injury attorney helps clients navigate complicated legal procedures the jargon of insurance and medical and mountains of paperwork that are often associated with personal injury cases. Your lawyer will take photos of the scene of the accident and gather medical records, interview witnesses and expert witnesses. After an injury After an accident, the law permits you to claim compensation for the economic loss and suffering. The most important thing is to act fast. Aurora injury lawyer are those that are the result of deliberate actions by a person to harm one another. They are the equivalent to crimes such as 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 on two types of damages. The first kind of damage is called economic damages, which covers costs and expenses such as medical bills property damage, medical bills and lost income. Non-economic damages refer to tangible losses, like pain and discomfort, loss of enjoyment of living, disability, disfigurement and more. Some intentional torts may also include punitive damages that are intended to punish the perpetrator and deter future wrongdoing. As you can see from the above, it's essential that your injury lawyer be aware of the different kinds of intentional torts. To win the court your lawyer must be able to establish that the defendant intended to cause the harm you sustained. This isn't easy since many intentional torts are committed in the midst of a crisis. A good example of an intentional tort is battery, which includes different types of arousing contact with another person. For instance, if someone points at you with a gun or credibly threatens to punch you, it is considered assault. If, however, that same person rams into your vehicle with their car, it's likely going be viewed as an accident and not a deliberate act of violence. You could be able to file a claim for negligence as well as an intentional tort, based on the circumstances. If someone drives recklessly, and the result is harm, they may be held responsible for negligence, but not for intentional tort, because it was not their intention to cause the accident. If a driver deliberately struck your vehicle in order to hurt you, this is considered to be an intentional act, and they would have to compensate you. Intentional torts can be followed by criminal charges and your lawyer will assist you navigate the legal process. Statute of Limitations A statute of limitations is a legal rule that limits how long you have to file a lawsuit over an injury. It is often like a clock that starts, is delayed, or paused, and then finally 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 uses this to discourage people from filing unjustified lawsuits and to protect the at-fault party from being sued late for negligence. Each state has its own statutes of limitation and each case is different. For instance in New York City, you generally have three years to file a personal injury lawsuit or a product liability suit. However, certain kinds of cases have different statutes of limitations, for instance medical malpractice lawsuits which have a shorter time frame. In certain situations the statute of limitations may be extended or “tolled”. For instance, if a person is injured due to a negligent health care provider, the timer on the statute of limitations will not start until you actually discover your injuries, or the doctor should have reasonably discovered them. This is referred to as the discovery rule and it is a frequent exception. Another exception is when the person is a minor, and in some cases the statute of limitations may not begin running until they reach a certain age. It is important to keep in mind that if you fail to act within the specified timeframe you could lose the right to sue for injury. This is why it is essential to consult an injury attorney as soon as possible after the incident and find out how much time you have left. It is then advisable to begin the process of submitting lawsuits before the deadline expires. In certain cases the delay of waiting too long may cause the evidence to become outdated, making it more difficult to prove. In addition the at-fault party and their insurance company will be less likely to consider your claim seriously if it's filed too late. Liability Analysis Your injury attorney will perform an extensive analysis of liability after gathering all facts and evidence. This will include a review of the law, statutes and the case law. They will also look at the injuries and accident to determine an appropriate reason to pursue claims against the responsible party. Personal injury lawyers spend more time evaluating complex or unusual accidents and unique legal theories which require an in-depth analysis. It is crucial to realize that there are very few instances where market share liability will properly allocate the costs of injury among the companies whose products caused the injury. 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 affects social welfare. This is because it is not true that tort law offers some kind of insurance spreading risk (either through tort damages or public nuisance abatement). Case Preparation The preparation for a trial takes time and resources. It involves collecting medical documents as well as invoices for auto repairs, police reports and photographs and other evidence to support your claim. The process can be a stressful one and a good injury lawyer will help you understand what to expect from the other side of the table. Your lawyer might also ask you to open your book. This can be difficult for clients who value privacy. It's costly and time-consuming to build a strong case for full compensation. Your lawyer will have to hire experts in fields that are not within the normal scope of his or her practice, for instance, doctors who can explain the reason your injury might require future surgery or an economist who can prove how your injury has impacted your life and ability to earn. These experts can be costly and are likely to be required to testify in the court. Your lawyer will draft a written demand package that will tell your story by detailing your injuries and presenting the evidence of how your injuries affected your life. This will include a monetary claim for all of your medical expenses, lost wages and any future loss of earning capacity. It will also pay for your pain and suffering and any other economic or non-economic losses. It is crucial to keep in mind that you are subject to intense scrutiny by the other party's lawyers and investigators. Your conduct must be professional and respectful. In court, any inappropriate remarks or actions could be considered against you. It is essential to follow the guidelines of your doctors and legal counsel.