What Does an Injury Attorney Do?

An injury attorney can help clients navigate complex legal procedures, medical and insurance jargon, and mounds of paperwork that are often associated with personal injury cases. Your lawyer will photograph the accident scene, collect your medical records, and speak with witnesses and experts.

Following an accident, the law allows you to claim compensation for your economic losses and suffering. Acting quickly is key.

Intentional Torts

Intentional torts are those that involve deliberate acts by someone to hurt another. They are the equivalent of crimes such as assault and robbery. As an injury lawyer, you can aid those who have been victims of intentional torts in seeking financial compensation for their losses and injuries. Intentional tort settlements are based on two types of damages. The first is known as economic damages, which are used to cover costs and expenses such as medical bills, property damage, lost income and more. Non-economic damages include intangible losses, such as pain and discomfort, loss of enjoyment of living, disability, disfigurement and more. Punitive damages may be awarded in certain intentional torts to punish the perpetrator or discourage future wrongdoing.

As you can see, it is essential that your injury attorney be aware of the various types of intentional torts. In order to win a case, your lawyer will need to establish that the defendant intended to cause the harm you sustained. This can be a challenge, as many intentional torts happen in the midst of an incident.

Battery is an excellent example of a crime that is deliberate. It covers a wide range of contact that is offensive. For instance when someone points a gun at you or seriously threatens to punch you, it is considered assault. However, if that same person rams into your vehicle with their car, it's likely going be viewed as an accident and not a deliberate act of violence.

You might have a claim for negligence as well as an intentional tort, depending on the circumstances. For instance, if someone is reckless and results in an accident that harms you, the driver could be held accountable for negligence but not for intentional tort because it was not their intent to cause the accident.


If, however, the driver purposely struck your vehicle with their vehicle to inflict harm on you, it's an intentional tort and they would be liable for compensating you. Your lawyer will guide you through the legal process. Intentional torts often come with criminal charges.

Statute of Limitations

A statute of limitations is a law that restricts the time you have to file a lawsuit over an injury. It is often compared to a clock that starts, is delayed or paused and then finally expires. A statute of limitations runs out when you are no longer able to file a claim. The court will decide to dismiss the case if the statute of limitations has expired. This is a way to prevent people from filing claims that are not warranted and to protect the parties at fault from being sued for negligence after it is too late.

Each state has its own statute of limitations and each case is different. For example in New York City, you generally have three years to file a personal injury lawsuit or a product liability suit. Certain types of cases like medical malpractice lawsuits, have different deadlines. In certain situations the deadline for statutory claims can be extended or "tolled".

If you're injured due to a negligent healthcare provider, such as the statute of limitations clock does not start until you discover your injuries, or the doctor has a reasonable expectation they will be discovered. This is known as the discovery rule, and it is a common exception. Another exception occurs when the injured person is a minor and in some cases the statute of limitations might not begin running until they reach a particular age.

It is crucial to remember that if you don't act within the specified timeframe, you may lose your right to sue for an injury. This is the reason it is crucial to consult with an injury lawyer immediately after the incident and determine the amount of time you have left. It is recommended to file a lawsuit immediately following the incident. In some cases, waiting too long can cause the evidence to become outdated, making it more difficult to prove. If you file your claim too late, the insurance company and the party at fault will be less likely consider it a serious matter.

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 study of the law, statutes and the case law. They will also examine the accident and injuries in order to establish the legal basis for filing claims against the responsible party. Personal injury attorneys take more time to analyze complex or unusual accidents and unique legal theories that require a thorough analysis.

It is important to understand that there are very few situations where market share liability can be used to divide the cost of injury among manufacturers who's products cause the injury. In the case of personal injury claims seeking traditional tort damages or public nuisance claims seeking some kind of abatement, the application of market share liability in these cases acts as a tax on one set of consumers to cover insurance on a different set of consumers' behalf. It also reduces social welfare. This is due to the fact that tort law provides some type of insurance via risk spreading (either as tort damages or public nuisance abatement) is unfounded.

Case Preparation

Preparing a trial case takes time and resources. It involves collecting medical records, auto mechanic invoices and police reports, as well as videos and photos and any other evidence that will back your claim. The process can be a stressful one and a good injury attorney will help you understand what to expect from the other side of the table. Your lawyer will also ask you to become an open book, and this may be a challenge for some clients who value their privacy.

It is expensive and time-consuming to create an argument that is strong enough to win compensation. Your lawyer will need to engage experts who are outside of their normal practice. For instance an expert doctor can explain why you might need future surgery or an economist can explain how your injury has affected your life and earning potential. These experts are expensive and will likely be required to testify in court.

Your lawyer will draft an official demand letter that will tell your story through describing your injuries and presenting the evidence of how your injuries affected your life. Bloomington injury attorneys will include the monetary value of all of your medical expenses, lost wages and the loss of future earning capacity. It will also pay for the pain and suffering you endured and any other economic or non-economic loss.

It is important to remember that you will be subject to a lot of scrutiny by the other party's lawyers and investigators. Your conduct should be professional and respectful. Any inappropriate comments or actions can be used against you in court. It is crucial to adhere to the advice of your doctor and legal team.