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What Does an Injury Attorney Do? Injury lawyers assist clients in navigating the legal jargon and paperwork that are typically involved in personal injuries. Your lawyer will take photos of the scene of the accident, collect your medical records, and interview witnesses and experts. After an injury, the law allows you to claim compensation for your economic losses as well as pain and suffering. Acting quickly is key. Intentional Torts As the name implies, intentional torts involve a person's deliberate actions to harm one another. They are the civil equivalent of crimes like assault and robbery. As an injury lawyer, you can help those who have been victims of intentional torts in seeking the financial compensation they deserve for their damages and injuries. Mission Viejo injury lawsuit are based on two types of damages. The first is referred to as economic damages, which are used to cover 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 discomfort and pain, loss of enjoyment of living as well as disability, disfigurement, and more. Certain intentional torts could be punitive in nature, which is intended to punish the perpetrator and deter any 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 establish the defendant's intention to hurt you to be successful in your case. This isn't easy since many intentional torts are committed in the heat of the moment. Battery is an excellent example of a tort that is a deliberate act. It covers a wide range of contact that is offensive. For instance when someone shoots at you with a gun, or crediblely threatens to punch you, it is considered to be an act of assault. If the same person crashes into your car it is likely to be considered an accident, and not a crime committed with intent. You could be able to claim both negligence and intentional tort, based on the circumstances. If someone drives recklessly, and the crash causes you harm, they could be held accountable for negligence, but not necessarily for intentional tort, because it was not their intention to cause the accident. However, if a driver purposely hit your vehicle with their car to inflict harm on you, it's an intentional tort and they would be held accountable for compensation. Intentional torts can be associated with criminal charges, and your attorney will help you navigate the legal system. Statute of Limitations A statute of limitations is a legal requirement which limits the time you have to bring a lawsuit relating to an injury. It is often compared to a clock that begins and then is delayed or paused and then expires. When the statute of limitations runs out, you can no longer make a claim and the case will be dismissed by the court. The law uses this to stop people from filing unwarranted lawsuits and protect the person at fault from being sued too late for negligence. Each state has its own statutes of limitations and every situation is different. For example, in New York City, you generally have three years to start a personal injury or product liability lawsuit. However, certain kinds of cases have a different statute of limitations, such as medical malpractice lawsuits, which have a shorter period of time. Additionally, the statutory timeline can be extended or “tolled” in certain circumstances in accordance with the circumstances. If you're injured due to negligence of a healthcare provider, for instance the time limit for a statute of limitations does not start until you are aware of your injuries or the doctor has a reasonable expectation that they will be discovered. This is referred to as the discovery rule and it is a common exception. Another exception occurs when the injured person is a minor and in some instances, the statute of limitations might not begin to run until they reach a particular age. The most important thing to keep in mind is that when the statute of limitations runs out at the end of the year, you will not be allowed to file a claim for your injury. This is why it is imperative to consult with an injury lawyer as soon as possible after the incident to determine how long you have left. It is best to file a lawsuit as soon as you can after the incident. In some cases the delay of waiting too long may cause evidence to become stale, making it difficult to prove. If you submit your claim too late the insurance company as well as the person who is at fault are less likely to take it seriously. Liability Analysis When your lawyer collects all relevant facts and evidence in a case they conduct a thorough liability analysis. This will include a review of the law, statutes and the case law. Additionally, they will also analyze the accident circumstances and injuries to provide a valid rationale to pursue the claim against the parties responsible. Personal injury lawyers take more time to analyze complicated or rare accident situations and unique legal theories which require an in-depth analysis. It is important to realize that market share liability is only applied in very limited circumstances and cannot properly divide the costs of injury among producers whose products have caused injury. Whether it is in the case of personal injury claims that seek traditional tort damages or public nuisance claims seeking some kind of abatement, the application of market share liability in these cases is a form of taxation that requires one set of consumers to cover insurance on a different set of consumers' behalf. It also reduces social welfare. This is because it is not the case that tort law provides an insurance policy by spreading risk (either through tort damages or public nuisance abatement). Case Preparation The preparation for a trial takes time and money. It involves gathering medical documents, invoices for auto repairs, police reports and photographs, as well as other evidence to support your claim. The process can be a stressful one and a good injury lawyer will help you understand what you can expect from the other side of the table. Your lawyer might also require you to sign an open book. This can be a challenge for those who value privacy. Building a compelling case for full compensation can be costly and time-consuming. Your lawyer will need to employ experts that are outside of their usual practice. For instance an expert doctor can explain why you might require future surgery, or an economist can show how your injury has affected your life and your ability to earn. Experts in these fields can be costly and will most likely have to testify in the courtroom. Your lawyer will draft an written demand document which will tell your story through detailing your injuries and presenting the evidence of how your injuries have affected your life. This includes a monetary demand for all medical bills and lost wages as well as a the potential loss of earnings in the future. This will compensate you for your pain, suffering and any other economic and non-economic loss. It is crucial to keep in mind that you will be subjected to intense scrutiny by the other party's lawyers and investigators. Your behavior should be respectful and professional. Any inappropriate behavior or remarks could be used against you in court. It is essential to follow the advice of your doctors and legal team.