"Ask Me Anything": Ten Responses To Your Questions About Injury Attorney
What Does an Injury Attorney Do?
Injury attorneys help clients navigate the legal terminology and paperwork often associated with personal injuries. Your lawyer will snap photos of the accident scene as well as gather medical records, talk to witnesses and expert witnesses.
The law permits you to receive compensation for losses incurred in the form of economic loss, pain and suffering and other damages. It is crucial to act quickly.
Intentional Torts
As the name implies intentional torts are person's deliberate acts to harm someone else. They are the equivalent in civil law to crimes like assault and robbery. As an injury attorney you can assist the victim of an intentional tort seek financial compensation for their injuries and damages. Settlements for intentional torts are based upon two kinds of damages. The first type of damages is known as economic damages, which covers costs and expenses such as medical bills as well as property damage and lost income. The second category is non-economic damages that cover intangible losses, such as pain and suffering as well as loss of enjoyment life, disability, disfigurement, and more. Punitive damages are awarded in some 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 aware of the different types intentional torts. Your lawyer will need to establish the defendant's intention to harm you in order to prevail in your case. This can be a challenge as many intentional torts are committed in the heat of the moment.
An excellent example of an intentional tort is battery, which covers different types of arousing contact with another person. Assault is when someone points an arrow at you or threatens to hit you with a punch. If, however, that same person rams into your vehicle with their car, it's likely going to be considered an accident, not an intentional act of violence.
You may be able be able to claim negligence and tort based on the specific circumstances. If someone is reckless when driving, and the result is harm, they could be held accountable for negligence, but not for intentional tort, because it was not their intention to cause the accident.
If a driver deliberately struck your vehicle in order to harm you, this would be an intentional tort, and they would have to compensate you. Your attorney will guide you through the legal procedure. Intentional torts often come with criminal charges.
Statute of Limitations
A statute of limitations is a legal rule that restricts the time you have to pursue a lawsuit for an injury. It is often similar to a clock which starts, is delayed, or paused, and then expires. A statute of limitations expires when you cannot bring a lawsuit. The court will dismiss the case if the statute has expired. This is a method to prevent people from filing claims that are not warranted and prevent at-fault parties from being sued for negligence too late.
Sandy Springs injury lawyer has its own statutes of limitation and each case is unique. For example in New York City, you generally have three years to start a personal injury or a product liability lawsuit. Some types of cases, like medical malpractice lawsuits have an additional time frame. In addition, the statute of limitations can also be extended or "tolled" in certain instances depending on the circumstances.
If you're injured by a negligent healthcare provider, for example the time limit for a statute of limitations does not begin until either you are aware of your injuries or the doctor has a reasonable expectation they will be discovered. This is known as the discovery rule, and it's a common exception. Another exception is when the person is a minor and in certain cases, the statute of limitations might not begin running until they reach a particular age.
It is important to keep in mind that if you do not act within the time frame you could lose the right to sue for an injury. It is essential to speak with a personal injury attorney as soon as possible to find out how much remaining time you have. It is best to make a claim as soon as you can after the incident. In certain cases, if you wait too long, the evidence supporting your case can become stale and difficult to prove. If you make your claim too late, the insurance company and the party at fault will not consider it a serious matter.
Liability Analysis
When your lawyer 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 cases. They will also examine the incident and injuries to determine a valid reason for pursuing an action against the party responsible. It can take longer for a personal injury attorney to analyze complex or unusual accident scenarios and unique legal theories that require a thorough analysis than for a straightforward auto accident.
It is important to understand that there are only a handful of contexts in which market share liability will properly divide the cost of injury among manufacturers 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 some kind of abatement, the application of market share liability in these cases serves as taxation on one set of consumers in order to cover insurance on a different group of consumers' behalf. It also reduces social welfare. This is because it's not the case that tort law provides some form of insurance by spreading risk (either through tort damages or public nuisance abatement).
Case Preparation
Preparing a case for trial takes time and money. It involves collecting medical records as well as auto mechanic invoices, police reports, videos and photographs and any other evidence that can prove 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 might also require you to be an open book. This isn't easy for clients who are sensitive to privacy.
It is expensive and time-consuming to create an effective case for full compensation. Your lawyer will have to hire experts who are outside of their usual practice. For example doctors can explain why you may need future surgery or an economist could explain how your injuries have affected your life and your earning capacity. These experts can be costly, and they will likely be required to appear in the courtroom.
Your attorney will prepare a written demand package which will recount your story, including details of the injuries you sustained. It will also include evidence of how your injuries have affected you. This includes a monetary demand for all medical bills, lost wages and the potential loss of earnings in the future. It will also provide for your pain and suffering and any other economic or non-economic loss.
Be aware that the lawyers and investigators of the opposing side will be closely scrutinizing your actions. Your behavior should be professional and respectful. In court, any inappropriate remarks or actions could be used against your case. It is essential to follow the advice of your doctors and legal counsel.