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What Does an Injury Attorney Do? Injury attorneys help clients navigate the legal terminology and paperwork often associated with personal injuries. Your lawyer will take photographs of the accident scene, gather your medical records, and interview witnesses and expert witnesses. The law allows you to be compensated for losses incurred in the form of economic loss or pain and suffering as well as other damages. The key is to act fast. Intentional Torts Intentional torts are the result of deliberate actions by a person in order to harm another. They are the equivalent to crimes such as assault and robbery. As an injury lawyer, you can help victims of an intentional tort seek financial compensation for their injuries and damage. Intentional tort settlements are based on two types of damages. The one is referred to as economic damages that include costs and expenses such as medical bills, property damage, lost income, and many more. Non-economic damages are those that result from intangible losses like pain and discomfort and loss of enjoyment of living disabilities, disfigurement, disability and more. Punitive damages can be granted in certain intentional torts to punish the perpetrator or discourage future wrongdoing. As you can see from the above, it is important that your injury lawyer be familiar with the different types intentional torts. Your lawyer will need to prove the defendant's intent to hurt you to win your case. This can be difficult as many intentional torts are committed in the heat of the moment. Battery is a great example of a crime that is deliberate. It covers a broad range of offensive contact. Assault occurs when someone points a weapon at you or threatens to hit you with a punch. If that same person crashes into your car, it will likely be considered an accident, and not a deliberate crime. You could be able to file a claim for negligence as well as an intentional tort, based on the circumstances. For instance, if a person is reckless and results in an accident that harms you, the driver may be held liable for negligence but not for an intentional tort, since it was not their intention to cause an accident. If the driver intentionally struck your vehicle to cause harm to 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 system. 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 with a clock that begins at a certain time, is delayed or paused and then expires. A statute of limitations runs out when you are no longer able to make a claim. The court will dismiss the case if the statute has expired. The law makes use of this to discourage people from filing unjustified lawsuits, and also to shield the at-fault party from being sued later 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 start a personal injury or a product liability suit. However, certain types of cases have a different statute of limitations, for instance medical malpractice lawsuits, which have a shorter time frame. In addition, the statute of limitations can also be extended or “tolled” in certain cases 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 the doctor should have reasonably discovered the injuries. This is called the discovery rule, and is an common exception to the statute of limitations. Miami Gardens injury lawyer can also be an exception. In some cases, the statute of limitation may not begin until the minor attains an age. It is crucial to remember that if you do not act within the time limit you could lose your right to sue for injury. This is why it is imperative to consult an injury attorney as soon as you can after the incident and find out how much time you have left. Then, it is best to start the process of filing a lawsuit before the deadline has passed. In some cases when you are waiting too long, the evidence for your case could become outdated and difficult to prove. Additionally the at-fault party as well as their insurance company are less likely to consider your claim seriously if it is filed too late. Liability Analysis If your lawyer for injury gathers all the relevant facts and evidence in a case, they conduct a thorough analysis. This will include a study of the law, statutes and case law. They will also look at the accident and injuries in order to establish a valid reason for pursuing a claim against the responsible party. Personal injury lawyers take more time to analyze complicated or rare accident situations and unique legal theories that require a thorough analysis. It is important to realize that market share liability is only used in a very limited number of situations, and will not properly assign the cost of injury to producers whose products have caused injury. In the case of personal injury claims seeking traditional tort damages or public nuisance claims requesting a kind of abatement, the application of market share liability in these instances is a form of taxation that requires one set of consumers to pay for insurance on another group of consumers' behalf and reduces social welfare. This is because the notion that tort law can provide a type of insurance via risk spreading (either as tort damages or public nuisance abatement) is not true. Case Preparation Preparing for a trial requires time and resources. It requires the collection of medical documents, auto mechanic invoices and police reports, as well as photographs and video recordings, as well as any other evidence that will back your claim. The process can be a stressful one and a good 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 become an open book, and this may be a challenge for some clients who are adamant about privacy. It's expensive and time-consuming to create a strong case for full compensation. Your lawyer will have to hire experts in fields which are outside the practice of his or her practice, like an expert doctor who can provide a reason for why your injury may require future surgery, or an economist who can demonstrate how much your injury has affected your life and ability to earn. Experts in these fields can be costly and will most likely be required to testify in the courtroom. Your attorney will prepare a written demand form that will tell your story, describing your injuries. It will also provide evidence on how your injuries have affected you. This will include a monetary demand for all medical bills as well as the potential loss of earnings in the future. It will also provide for the pain and suffering you endured and any other non-economic or economic loss. Keep in mind that the lawyers and investigators from the opposing side will be watching closely your actions. Your behavior should be respectful and professional. Any inappropriate behavior or remarks could be used against you in court, and it is essential to adhere to the advice of your doctors and legal team.