What Does an Injury Attorney Do?
Injury lawyers assist clients in navigating the legal terminology and paperwork frequently associated with personal injury cases. Your lawyer will photograph the accident scene, collect your medical records, and interview witnesses and experts.
After an injury, the law allows you to receive compensation for the economic loss and pain and suffering. The most important thing is to act quickly.
Intentional Torts
Intentional torts are those that involve deliberate acts by someone to harm another. They are the equivalent in civil law to crimes such as assault and robbery. As an injury attorney, you can help victims of an intentional offense seek financial compensation for their injuries and damage. Intentional tort settlements are based on two kinds of damages. The first is known as economic damages that include costs and expenses such as medical bills, property damage, lost income and many more. The second is non-economic damages that cover intangible losses, such as pain and suffering, loss of enjoyment of life and disability, disfigurement and many more. Certain intentional torts could include punitive damages that are intended to punish the perpetrator and discourage future wrongdoing.
As you can see from the above, it's crucial that your lawyer for injury be knowledgeable about the various types intentional torts. Your lawyer will have to establish the defendant's intention to hurt you in order to be successful in your case. This can be a challenge because many intentional torts occur in the midst of a crisis.
Battery is a great example of a tort that is intentional. It covers a broad range of offensive contact. For instance when someone shoots at you with a gun, or crediblely threatens to punch you, it is considered assault. If the same person drives into your car, it will likely be considered an accident and not a deliberate crime.
You may be able to assert negligence as well as intentional tort, based on the circumstances. If someone drives recklessly, and the crash causes you harm, they may be held accountable for negligence, but not for intentional tort, since it was not their intention to cause the accident.
If the driver intentionally struck your vehicle to hurt you, this would be an intentional tort and they would be required to compensate you. Your attorney will assist you through the legal procedure. Intentional torts often come with criminal charges.
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 begins, but can be delayed, or paused and then finally expires. A statute of limitations expires when you are no longer able to file a claim. The court will decide to dismiss the case if the statute has expired. This is a method to deter people from filing unwarranted claims and prevent at-fault parties from being sued for negligence that is too late.
Each state sets its own statute of limitations 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, Cedar Rapids injury lawyers of cases have different statutes of limitations, such as medical malpractice lawsuits, which have a shorter time frame. In certain circumstances the deadline for statutory claims can be extended or "tolled".
If you're injured due to negligence of a 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 they will be discovered. This is called the discovery rule, and is a common exception to the statute of limitations. Another exception is when the injured person is a minor and in some instances, the statute of limitations may not begin to run until they reach a certain age.
The most important thing to keep in mind is that when the statute of limitations expires, you will no longer be able to file a lawsuit for your injury. This is the reason it is crucial to consult with an injury lawyer immediately after the incident to determine the amount of time you have left. It is best to start a lawsuit immediately following the incident. In some instances when you delay too long, the evidence supporting your case could become outdated and difficult to prove. In addition the at-fault party as well as their insurance company are less likely to take your claim seriously if filed too late.
Liability Analysis
When your injury attorney collects all the relevant information and evidence in a case they conduct a thorough analysis. This will include a review of the law, statutes and the case law. In addition, they will also analyze the accident circumstances and injuries to establish the legal basis for pursuing the claim against the responsible parties. Personal injury lawyers take more time to analyze complicated or rare accident situations and unique legal theories which require a thorough analysis.
It is essential to recognize that there are only a handful of instances where market share liability will properly assign the cost of injury among the companies who's products caused the injury. Whether it is in the context of personal injury lawsuits seeking traditional tort damages or public nuisance claims seeking a type of abatement, application of market share liability in these cases serves as taxation on one set of consumers in order to pay for insurance on another group of consumers' behalf. This reduces social welfare. This is because the notion that tort law can provide a form of insurance through risk spreading (either as tort damages or public nuisance abatement) is not true.
Case Preparation
Preparing a case for trial takes time and money. It involves gathering medical documents, auto mechanic invoices, police reports, videos and photos as well as any other evidence to back your claim. The process can be stressful and a good injury attorney will be able to help you prepare for what to expect from the other side of the table. Your lawyer may also ask you to sign an open book, and this may be difficult for certain 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 engage experts who are outside of their normal practice. For example, a doctor can explain why you might need future surgery or an economist could explain how your injury has impacted your life and the ability to earn. These experts can be costly and will most likely need to appear in the courtroom.
Your lawyer will prepare an written demand document which will tell your story by describing your injuries and presenting the evidence of how your injuries affected your life. This will include a monetary demand for all of your medical expenses, lost wages and the potential loss of earnings in the future. It will also provide for the pain and suffering you endured and any other economic or non-economic expenses.
Be aware that the lawyers and investigators of the other side will be closely watching your actions. Your behavior should be respectful and professional. Any inappropriate actions or comments will be used against you in court, and it is crucial to adhere to the advice of your physician and legal team.