What Does an Injury Attorney Do?
An injury attorney can help clients navigate the complicated legal process the jargon of insurance and medical and piles of paperwork that are often associated with personal injury cases. Your lawyer will snap photos of the accident scene, gather your medical records, interview witnesses and experts.
Following an accident After an accident, the law permits you to claim compensation for the economic loss as well as suffering. The key is to act quickly.
Intentional Torts
As the name implies intentional torts are person's deliberate actions to harm someone else. They are the civil equivalent of crimes like assault and robbery. As an injury lawyer you can assist victims of an intentional tort to seek financial compensation for their injuries and the damages. Settlements for intentional torts are based upon two kinds of damages. The one is referred to as economic damages, which include costs and expenses such as medical bills, property damages, lost income and more. The other category is non-economic damage which include intangible losses such as suffering and suffering, loss of enjoyment of life, disability, disfigurement, and many more. Some intentional torts may also include punitive damages that are designed to punish the offender and deter any future wrongdoing.
As you can see from the above, it is important that your injury lawyer be knowledgeable about the various types intentional torts. In order to win the court, your lawyer will need to show that the defendant actually intended to cause the harm you sustained. This can be difficult as many intentional torts are committed in the heat of the moment.
A good example of an intentional tort is battery, which covers different types of offensive contact with an individual. Assault is when someone points an object at you or threatens you with punches. But if the person also hits your vehicle with their car it's likely be viewed as an accident and not an intentional act of violence.
You may be able to claim for negligence as well as an intentional tort, based on the circumstances. For instance, if someone drives recklessly and results in an accident that harms you, the driver could be held responsible in negligence, but not for an intentional tort since it wasn't their intent to cause the accident.
If, however, the driver purposely struck your vehicle with their car in order to harm you, it would be an intentional tort and they would be held accountable to compensate you. Your lawyer will assist you through the legal procedure. Intentional torts usually come with criminal charges.
Statute of Limitations
A statute of limitations is a law which limits the time you have to bring a lawsuit relating to an injury. It is often like a clock that begins, but can be delayed, or paused and then eventually expires. When the statute of limitations runs out and you are no longer able to file a claim and the case will be dismissed by the court. This is a way 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 too late.
Each state has its own statute of limitations rules and there are a myriad of variations that can differ from case to case. For instance in New York City, you generally have three years to start a personal injury or a product liability lawsuit. However, some types of cases have a different statute of limitations, such as medical malpractice lawsuits which have a shorter timeframe. In certain circumstances the statute of limitations may be extended or "tolled".
If you're injured due to negligence of a healthcare provider, such as the statute of limitations clock will not begin until you discover your injuries, or the doctor has a reasonable expectation that they will be discovered. This is called the discovery rule, and is an often-used exception to the statute of limitations. Minors may also be an exception. In some instances the statute of limitations could not start until the minor is of an age.
It is important to remember that if you fail to act within the time frame, you may lose your right to pursue a claim for injury. This is the reason it is crucial to speak with an injury lawyer as soon as you can after the incident to find out how much time you have left. It is recommended to make a claim as soon as possible after the incident. In some cases waiting too long could result in evidence becoming old and difficult to prove. If you make your claim too late, the insurance company and the person responsible for the mistake will not take it seriously.
Liability Analysis
If your lawyer for injury collects all relevant facts and evidence in a case, they perform a thorough liability analysis. This will involve a review of the laws, statutes and the case law. In addition, they'll examine the circumstances of the accident and injuries to establish a valid rationale to pursue the claim against the parties responsible. Personal injury lawyers spend more time evaluating complicated or rare accident situations and unique legal theories that require an in-depth analysis.
It is important to realize that market share liability can only be used in a very limited number of situations and does not correctly divide the costs of injury among manufacturers whose products caused injuries. In the case of personal injury claims seeking traditional tort damages, or public nuisance claims seeking a form of abatement, the application of market share liability in these situations acts as a tax on one group of consumers to cover insurance on a different group of consumers' behalf. This diminishes social welfare. This is because the idea that tort law can provide a type of insurance via risk spreading (either as tort damages or public nuisance abatement) is unfounded.
Case Preparation
Preparing for a trial takes time and resources. Columbia injury lawyer requires the collection of medical documents as well as auto mechanic invoices and police reports, as well as videos and photos and any other evidence that will support your claim. The process can be stressful 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 a challenge for some clients who value privacy.
Building a compelling case for full compensation can be expensive and time-consuming. Your lawyer will have to hire experts in fields that are outside the normal practice of his or her practice, for instance, an expert doctor who can explain why your injury could require further surgery, or an economist who can prove how your injury has affected your life and potential earnings. These experts can be expensive and will most likely have to be a witness in 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 affected your life. This will include a monetary claim for all of your medical expenses, lost wages, and future loss of earning capacity. It will also provide for your pain and suffering and any other non-economic or economic losses.
Remember that the investigators and lawyers of the opposing side will be watching closely your actions. Your conduct must be respectful and professional. Any inappropriate actions or comments can be used against you in court. It is crucial to follow the advice of your doctors and legal team.