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What Does an Injury Attorney Do? Farmington Hills injury attorneys for injury help clients navigate the legal terminology and paperwork often associated with personal injuries. Your lawyer will photograph the scene of the accident, gather your medical records, and speak with witnesses and experts. Following an accident, the law allows you to receive compensation for your economic losses and pain and suffering. Acting quickly is key. Intentional Torts Intentional torts involve deliberate acts by someone to hurt one another. They are the civil equivalent to crimes such as assault and robbery. As an attorney for injury, you can help victims of an intentional tort to seek financial compensation for their injuries and damage. Intentional tort settlements are based on two kinds of damages. The first kind of damage is called economic damages, which cover costs and expenses such as medical bills as well as property damage and lost income. 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 are granted in certain intentional torts to punish the perpetrator or to deter future wrongdoing. As you can see from the above, it is essential that your injury lawyer be aware of the different types intentional torts. Your lawyer must prove the defendant's intent to hurt you to be successful in your case. This can be a challenge because many intentional torts happen in the heat of a moment. A good example of an intentional tort is battery, which covers various types of contact that is offensive to someone else. For instance If someone shoots at you with a gun, or credibly threatens to punch you, it is regarded as an assault. If that same person crashes into your car it is likely to be considered an accident and not a deliberate offense. You may be able claim both negligence and intentional tort depending on the circumstances. If someone is reckless when driving, and the accident causes you injury, they could be held responsible for negligence, but not for intentional tort, because it was not their intention to cause the accident. If, however, the driver intentionally struck your vehicle with their vehicle in order to hurt you, it's an intentional tort and they would be liable for compensation. Intentional torts can be accompanied by criminal charges, and your lawyer can help 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 the clock that starts, can be delayed or paused and then expires. When a statute of limitations expires it is no longer possible to pursue a claim, and the case will be dismissed by the court. This is a way to deter people from filing claims without a valid reason 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 many nuances that can differ from case to case. In New York City you have three years to file a lawsuit in the event of personal injury or product liability. However, certain kinds of cases have different statutes of limitations, such as medical malpractice lawsuits that have a shorter period of time. In certain circumstances the deadline for statutory claims can be extended or “tolled”. In the case of a person who is injured by a negligent health healthcare provider, the clock on the statute of limitations does not start until you actually discover your injuries or that the doctor could reasonably have discovered the cause of the injury. This is known as the discovery rule, and is an common exception to the statute of limitations. Another exception is when the injured person is a minor, and in some cases the statute of limitations may not begin running until they reach a certain age. It is important 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 speak with an injury lawyer as soon as you can after the incident and determine the amount of time you have left. It is best to start a lawsuit as soon as you can after the incident. In some instances when you are waiting too long, the evidence for your case can become stale and difficult to prove. If you make your claim too late the insurance company and the person who is at fault are less likely to consider it a serious matter. Liability Analysis Your injury attorney will perform an exhaustive analysis of the liability after gathering all facts and evidence. This will include a study of the law, statutes and the case law. They will also examine the accident and injuries to determine an appropriate reason to pursue an action against the party responsible. It's generally more time-consuming for a personal injury lawyer to analyze complex or unusual accident circumstances and unique legal theories that require a thorough analysis than for a straightforward auto accident. It is essential to recognize that there are only a handful of instances where market share liability can be used to divide the cost of injury among manufacturers who's products cause the injury. It doesn't matter if it's in the context of personal injury lawsuits that seek traditional tort damages or public nuisance claims seeking a kind of abatement, the application of market share liability in these cases is a form of taxation that requires one group of consumers to pay for insurance on a different group of consumers' behalf. It also reduces social welfare. This is because it is 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 trial case takes time and resources. It involves gathering medical documents, auto repair invoices, police reports and photographs and other evidence to support your claim. A good injury lawyer will prepare you to deal with the stress of the case. Your lawyer might also require you to sign an open book. This isn't easy for those who value privacy. Building a compelling case for full compensation is expensive and time-consuming. Your lawyer will have to employ experts that aren't part of their usual practice. For example doctors can explain why you may require future surgery, or an economist can show how your injury has affected your life and earning potential. These experts are expensive and will likely be required to testify in the court. Your attorney will prepare a written demand document that will detail your story, detailing your injuries. It will also present evidence of how your injuries have affected you. This will include a monetary demand for all of your medical bills as well as future loss of earning potential. This will cover your pain, suffering and any other economic and non-economic losses. Remember that the lawyers and investigators from the opposing side will be closely watching your actions. Your conduct should be professional and respectful. Any inappropriate comments or actions could be used against you in court. It is crucial to follow the advice of your doctor and legal team.