What Does an Injury Attorney Do?

An injury lawyer can help clients navigate complicated legal procedures the jargon of insurance and medical and mountains of paperwork that are often associated with personal injury cases. Your lawyer will take photographs of the accident scene and gather medical records, talk to witnesses and expert witnesses.

Following an accident The law permits you to claim compensation for the economic loss and pain and suffering. It is crucial to act swiftly.

Intentional Torts

As the name suggests intentional torts refer to a person's deliberate actions to harm another. They are the equivalent of crimes such as assault and robbery. As an injury lawyer, you can assist those who have been victims of intentional torts in seeking the financial compensation they deserve for their damages and injuries. Settlements for intentional torts are based upon two types of damages. The first is known as economic damages which cover expenses and costs such as medical bills property damage, lost income, and many more. Non-economic damages refer to tangible losses, like pain and discomfort, loss of enjoyment of living disabilities, disfigurement, disability and more. Punitive damages may be awarded in certain intentional torts to punish the perpetrator or deter future wrongful conduct.

As you can see from the above, it is important that your injury lawyer be knowledgeable about the various types intentional torts. In San Bernardino injury attorneys to win a case your lawyer must be able to prove that the defendant actually intended to cause the damage you sustained. This isn't easy since many intentional torts are committed in the midst of the moment.

A good example of an intentional tort is battery, which includes various forms of contact that is offensive to another person. For instance, if someone points a gun at you or crediblely threatens to punch you, this is regarded as an assault. If the person who is threatening you is able to drive into your vehicle it is likely to be viewed as an accident and not a deliberate crime.

You may be able to be able to claim negligence and tort based on the specific circumstances. For instance, if someone drives recklessly and results in an accident that harms you, the driver could be held liable for negligence but not for intentional tort, since it wasn't their intention to cause an accident.

If the driver intentionally struck your vehicle to harm you, this would be an intentional tort and they would be required to compensate you. Your lawyer will guide you through the legal procedure. Intentional torts usually come with criminal charges.

Statute of limitations

A statute of limitations is a legal requirement that limits the time you have to file suit for an injury. It is often compared to a clock which starts at a certain time, 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. This is a method for the law to discourage people from filing claims without a valid reason and to protect the parties at fault 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 vary between cases. In New York City you have three years to file a lawsuit if you are claiming personal injury or product liability. Certain types of cases, such as medical malpractice suits, have an additional time frame. Additionally, the statutory timeline can be extended or "tolled" in certain cases in accordance with the circumstances.

For instance, if a person is injured by a negligent health care provider, the timer on the statute of limitations doesn't start until you actually discover your injuries or the doctor should have been able to reasonably discover the injuries. This is known as the discovery rule, and is an often-used exception to the statute of limitations. Minors may also be a exception. In some cases the statute of limitations could not start until the minor attains an age.

It is important to remember that if you don't act within the specified timeframe, you may lose the right to sue for injury. It is crucial to speak with an attorney who specializes in personal injury as soon after the incident as you can in order to determine how much remaining time you have. It is then advisable to start the process of submitting an action before the deadline expires. In some cases, if you wait too long, the evidence supporting your case could become outdated and difficult to prove. If you file your claim too late, the insurance company and the person who is at fault will not take it seriously.

Liability Analysis

When your injury attorney gathers all the relevant facts and evidence in a case they conduct a thorough liability analysis. This will involve a review of the laws, statutes and cases. They will also look at the incident and injuries to determine a valid reason for pursuing an action against the responsible party. Personal injury attorneys are more adept at analyzing difficult or unusual accident scenarios and unique legal theories that require an in-depth analysis.

It is crucial to realize that there are very few situations where market share liability can be used to assign the cost of injury among the companies who's products cause the injury. Market share liability is a tax imposed on one group of consumers that is paying for insurance on behalf of another group of consumers. This is a negative impact on social welfare. This is due to the fact that tort law can provide a kind of insurance through risk spreading (either as tort damages or public nuisance abatement) is not true.

Case Preparation

Preparing a case for trial requires time and effort. It requires gathering medical documents as well as invoices for auto repair, police reports and photographs along with other evidence to back up your claim. The process can be a stressful one and a good injury lawyer will be able to help you prepare for what to expect from the other side of the table. Your lawyer will also require you to open your book, and this may be difficult for certain clients who value privacy.


It's costly and time-consuming to construct an argument that is strong enough to win compensation. Your lawyer will have to hire experts who are not part of their normal work. For instance doctors can explain why you might need future surgery or an economist can explain how your injury has impacted your life and your earning potential. These experts can be costly and will most likely need to testify in court.

Your lawyer will draft a written demand document that will detail your story, detailing your injuries. It will also present evidence on how your injuries have affected you. This will include a monetary demand for all medical expenses as well as future loss of earning potential. This will cover your suffering, pain and any other economic and noneconomic 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 courteous and professional. In court, any inappropriate comments or actions will be considered against you. It is crucial to follow the guidelines of your medical professional and your legal team.