What Does an Injury Attorney Do?
An injury attorney helps clients navigate complicated legal procedures, medical and insurance jargon and mountains of paperwork that usually accompany personal injury cases. Your lawyer will take photos of the scene of the accident, gather your medical records, and talk to witnesses and experts.
After an injury, the law allows you to claim compensation for the economic loss and suffering. The most important thing is to act swiftly.
Intentional Torts
Like the name suggests intentional torts are person's deliberate acts to harm another. They are the equivalent in civil law to crimes such as assault and robbery. As an injury lawyer you can assist a victim of intentional torts by obtaining the financial compensation they deserve for their damages and injuries. Settlements for intentional torts are based on two kinds of damages. The first kind of damage is known as economic damages which cover costs and expenses such as medical bills property damage, medical bills and lost income. The second is non-economic damages that cover intangible losses such as pain and suffering, loss of enjoyment of life, disability, disfigurement, and more. Certain intentional torts could include punitive damages that are designed to punish the perpetrator and 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. To win the court your lawyer needs to prove that the defendant actually intended to cause the harm you sustained. This can be difficult because many intentional torts occur in the heat of a moment.
A good example of an intentional tort is battery, which includes different types of offensive contact with an individual. Assault happens when someone aims an arrow at you or threatens to hit you with punches. If the same person drives into your car, it will likely be considered an accident, and not a crime committed with intent.
You could be able to file a claim for both negligence and an intentional tort, based on the specific circumstances. If someone is reckless when driving, and the result is harm, they could be held responsible for negligence, but not for intentional tort since it was not their intention to cause the accident.
However, if the driver intentionally struck your vehicle with their vehicle to inflict harm on you, it would be an intentional tort and they would be held accountable for compensating you. Intentional torts are often associated with criminal charges, and your lawyer can help you navigate the legal process.
Statute of Limitations
A statute of limitation is a legal provision that limits the time you have to file suit against an injury. It is often compared to a clock that begins, can be delayed or paused and then expires. A statute of limitations expires when you cannot file a claim. The court will decide to dismiss the case if the statute has expired. This is a method to prevent people from filing claims that are not warranted and to protect the parties at fault from being sued for negligence too late.
Each state sets its own statute of limitations rules, and there are a variety of nuances that differ between cases. In New York City you have three years in general to file a lawsuit in the event of personal injury or product liability. Certain types of cases like medical malpractice lawsuits have an additional time frame. In addition, the statute of limitations can be extended or "tolled" in certain instances depending on the circumstances.
If you are injured by an unprofessional healthcare provider, for example the statute of limitations clock does not begin until either you find out about your injuries, or the doctor has a reasonable expectation that they will be discovered. This is referred to as the discovery rule and it's a common exception. Another exception occurs when the injured person is a minor and in certain cases, the statute of limitations might not start to run until they reach a certain age.
It is crucial to remember that if you do not act within the specified timeframe you could lose your right to sue for injury. This is the reason it is crucial to consult with an injury lawyer as soon as you can after the incident to determine how long you have left. It is best to start a lawsuit immediately following the incident. In certain cases waiting too long could cause the evidence to become old and difficult to prove. If you submit your claim too late, the insurance company and the person who is at fault will not to take it seriously.
Liability Analysis
Your injury attorney will perform an exhaustive analysis of the liability after gathering all the facts and evidence. This will include reviewing the law, statutes, case law, and legal precedents. They will also analyze the incident and injuries to determine a valid reason for pursuing a claim against the responsible party. Arlington injury lawsuits spend more time evaluating complicated or rare accident situations and unique legal theories which require an in-depth analysis.
It is essential to recognize that there are a few situations where market share liability will properly divide the cost of injury among the companies whose products caused the injury. Whether it is in the case of personal injury claims seeking traditional tort damages, or public nuisance claims seeking a kind of abatement, the application of market share liability in these cases acts as a tax on one set of consumers in order to pay for insurance on another group of consumers' behalf. This reduces social welfare. This is because it isn't the case that tort law provides an insurance policy by spreading risk (either through tort damages or public nuisance abatement).
Case Preparation
Preparing for a trial takes time and money. It involves collecting medical documents, invoices for auto repairs police reports and photos, as well as other evidence to support your claim. The process can be a stressful one, and a good injury attorney will be able to help you prepare for what you can expect from the other side of the table. Your lawyer will also require you to become an open book, and this could be difficult for certain clients who value their privacy.
Building a compelling case for full compensation can be time consuming and expensive. Your lawyer will need to engage experts in areas that are not within the normal scope of their practice, like doctors who can provide a reason for why your injury could require further surgery, or an economist who can prove how your injury impacted your life and potential earnings. These experts can be costly and will likely be required to appear in the courtroom.
Your attorney will prepare a written demand form that will recount your story, including details of your injuries. It will also present evidence of how your injuries have affected your life. This will include a monetary demand for all of your medical bills, lost wages and future loss of earning potential. It will also pay for your pain and suffering and any other non-economic or economic losses.
Be aware that the investigators and lawyers from the opposing side will be closely watching your actions. Your conduct must be professional and respectful. In court, any unprofessional comments or actions will be considered against you. It is crucial to follow the advice of your medical professional and legal counsel.