The Latest Developments in Personal Injury Law

In the United States, personal injury law is a large field so the trends and development are worth keeping track of especially if you are a lawyer or work in the field of law. Personal injury cases are the most common cases when it comes to civil litigation in the USA. 

This is because everyday accidents happen where someone needs a personal injury lawyer including car crashes, falls, dog bites, and accidents at the workplace. Many people that graduate from law school consider going into personal injury law because they will always be busy and they can work on many different types of cases. 

This article will cover some of the most recent trends in personal injury law which are worth noting whether you are a lawyer or another participant in a personal injury case. 

Rise in Social Media Evidence 

Both sides of the legal teams have begun using more and more social media evidence in order to support or discredit personal injury claims. Social media evidence uses a variety of different platforms including Twitter, Facebook, and LinkedIn. All digital items from the platform have been used including posts, videos, and photos. 

Social media is a very way to access evidence because it’s already online for everyone to see. This is why many different lawyers caution people to be careful about what they post on social media while they are going through a personal injury case. 

For example, evidence can be used against a person if they claim they are in too much pain to do anything but their social media accounts show them going to parties, swimming, and doing other activities that they wouldn’t be able to do if they were really in pain. 

Social media still has to be retrieved according to ethical principles and laws though including possibly getting a warrant to be able to use social media posts in court. 

Each state has different requirements and laws but lawyers will know the rules in the state in which they live. 

Medical Treatment Costs

How much money someone has to spend on medical treatments after a personal injury affects their settlement and their claim. The type of treatment the person has to have and how often they need treatment determines how much they might receive. 

Medical treatment costs are high in the USA and they continue to rise more and more with each year. Sometimes insurance companies only cover medical treatment up to a specific amount. 

Most states also have laws that put a limit on how much money someone can receive during a personal injury settlement. Even if you spend a very high amount on medical treatment, the costs you are able to recover could be low considering the caps that the courts and the insurance companies have. 

The caps have not been increased even though the medical costs for treatment continue to rise. This means people are receiving less money yet their treatment costs are rising with no end in sight. 

Medical Technology

One of the most important parts of personal injury is that the plaintiff needs to have proof of their claim so they can get compensation from the defendant to cover their injury and medical costs. The way your evidence is shown in court and how believable it is can make the difference between you losing or winning the case. 

One major advancement in personal injury law is that medical technology has had major advancements in the last decades. These advancements allow professionals the ability to treat and diagnose injuries much better than before. 

This allows lawyers and the court the ability to be able to calculate the costs of current and future treatment for the medical expenses they will be incurred as the future goes on. 

Advanced medical technology also allows lawyers and the courts to be able to better show the judge and jury the injuries and how serious they are. 

Fake Insurance Claims

When it comes to insurance claims in the personal injury field, insurance fraud is unfortunately common. There are some people that fake accidents or fake the seriousness of accidents to be able to make money from the insurance companies. 

Insurance companies often want to settle out of the court so they will offer money and people begin to take advantage of this eagerness. Some people even work for companies such as auto companies to try and give them papers showing higher property damages so they can more money than they initially had to spend. They will then share in the profit. 

This has become a major problem because insurance companies know there are many fake claims and they tend to not believe most of the claims that come their way. This makes getting compensation harder for people and those that actually deserve payouts have to work harder to get the money they deserve. 

Personal Injury Lawyers and Trends

Since the field of personal injury is always changing, it’s important to always partner with a personal injury lawyer rather than try and represent yourself. Lawyers can let you know about the trends happening in the field and let you know how to best combat them. 

Personal injury lawyers want to ensure you get the compensation you deserve. They can also handle all the investigation protocols and ensure that the discovery file has all the right evidence to ensure you win your case. 

Lawyers can also get you better settlement opportunities compared to what you would be able to get on your own. When someone offers you an amount, the lawyers will be able to tell you if it’s reasonable and can be accepted or if you should go to court and push for more money. 

Lawyers can also work with other professionals on your behalf such as talking to doctors, nurses, auto workers, or whoever else might know about your injuries and how the accident affected your health. 

With all the different trends in personal law, lawyers are needed to ensure you understand the trends and get the settlement you deserve.