What Does an Injury Attorney Do?

Injury lawyers assist clients in navigating the legal jargon and paperwork that are frequently involved in personal injury cases. Your lawyer will take photographs of the accident scene and gather medical records, talk to 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 in civil law to crimes such as assault and robbery. As an injury lawyer, you can assist a victim of intentional torts to seek financial compensation for their damages and injuries. Intentional tort settlements are based on two types of damages. The first is referred to as economic damages which cover expenses and costs such as medical bills property damages, lost income and more. Non-economic damages refer to intangible losses like pain and discomfort or discomfort, loss of enjoyment living disabilities, disfigurement, disability and more. Punitive damages may be awarded in some intentional torts to punish the perpetrator or discourage future wrongful conduct.

As you can see, it's crucial that your lawyer for injury be well-versed in the different types of intentional torts. Your lawyer will need to demonstrate the defendant's intention to harm you in order to win your case. This isn't easy, as many intentional torts happen in the heat of a moment.

A good example of an intentional tort is battery, which includes various types of offensive contact with another person. Assault occurs when someone points an object at you or threatens you with a punch. However, if that same person rams into your vehicle with their car then it's likely to be considered an accident, not a deliberate act of violence.

You may be able to claim for both negligence and an intentional tort, based on the circumstances. If someone is reckless when driving, and the result is harm, they may be held responsible for negligence, but not intentional tort, since it was not their intention to cause the accident.

If the driver deliberately hit your vehicle in order to harm you, it is an intentional tort and they would be required to compensate you. Your lawyer will assist 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 how long you can bring a lawsuit relating to an injury. It is often compared to a clock that starts, can be delayed or paused and then finally expires. A statute of limitations runs out when you are unable to 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 to protect the parties at fault from being sued for negligence after it is too late.

Each state sets its own statute of limitations rules and there are a variety of nuances that differ between cases. For example in New York City, you generally have three years to bring a personal injury lawsuit or a product liability suit. Some types of cases, such as medical malpractice suits are subject to an additional time frame. In Sioux City injury attorneys of limitations can be extended or "tolled".

If you are injured by an unprofessional healthcare provider, for example the statute of limitations clock will not begin until 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 is an often-used exception to the statute of limitations. Another exception occurs when the injured person is a minor and in certain cases, the statute of limitations may not begin to run until they reach a particular age.

It is important to remember that if you don't act within the specified timeframe you could 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 recommended to make a claim as soon as you can after the incident. In certain cases waiting too long could result in evidence becoming old and difficult to prove. In addition the at-fault party and their insurance company will be less likely to consider your claim seriously if it is filed too late.

Liability Analysis

Your injury attorney will perform an extensive analysis of liability after gathering all the facts and evidence. This includes a thorough review of the law, statutes, and case law. They will also examine the accident and injuries in order to establish a valid reason for pursuing an action against the party responsible. Personal injury attorneys take more time to analyze complicated or rare accident situations and unique legal theories which require a thorough analysis.

It is important to realize that market share liability can only be applied in a limited amount of circumstances, and will not properly assign the cost of injury to producers whose products have caused injuries. Whether it is in the context of personal injury lawsuits that seek traditional tort damages or public nuisance claims requesting a form of abatement, the application of market share liability in these situations serves as taxation on one set of consumers to pay for insurance on a different set of consumers' behalf. This diminishes social welfare. This is because it isn't true that tort law offers some form of insurance by spreading risk (either through tort damages or public nuisance abatement).

Case Preparation

The preparation of a case for trial takes time and resources. It involves collecting medical documents as well as invoices for auto repair police reports and photos along with other evidence to back up your claim. The process can be stressful and a good injury attorney will prepare you for what to expect from the other side of the table. Your lawyer may also ask you to sign an open book, which can be difficult for some clients who value privacy.


The process of establishing a compelling argument for full compensation is expensive and time-consuming. Your lawyer will need to hire experts who are outside of their normal practice. For instance doctors can explain why you may require future surgery, or an economist can show how your injury has affected your life and your earning potential. These experts are expensive and will likely be required to testify at court.

Your attorney will prepare an written demand document that will tell your story by detailing your injuries and presenting the evidence of how your injuries have affected your life. This includes a monetary demand for all medical expenses as well as future loss of earning potential. It will also cover your suffering and pain as well as any other economic or noneconomic loss.

Remember that the lawyers and investigators from the opposing side will be watching closely 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 doctor and your legal team.