By: Jacob Maslow

In recent years, the laws governing personal injury claims have seen changes. These changes have impacted core legal areas such as torts, sentencing, and class actions. Recent developments have also taken into account how emerging technologies have influenced perspectives of the law over the years.
Speaking to personal injury attorney Rich Godshall of Ostroff Godshall Injury and Accident Lawyers can provide additional insight on the matter.
This article will highlight the changes in the areas above of personal injury laws.

Torts

Over the years, legislators have passed laws that have altered the interpretation of personal injury laws. For example, the law puts a settlement threshold on damages that do not have an economic impact. Some of the newer legislation has also affected the duration window for filing a personal injury lawsuit and the amount an attorney can charge a person for personal injury lawsuits. Many have argued that these changes are viewed by some as both a blessing and a challenge.

On one hand, the law may have created circumstances where victims of personal injury might not always receive fair compensation for their damages. Conversely, newer legislation could be seen as helping to curtail the predominance of unnecessary personal injury lawsuits.
Since the higher rate of personal injury lawsuits is often linked to increased insurance costs, reducing the number of lawsuits may encourage insurance companies to reconsider their costs, which could result in lower insurance costs.

Penalty

Over the years, judges have weighed the penalty in proportion to the severity of the damages caused. Also, judges consider stricter penalties on some personal injury lawsuits to serve as a warning for others. So, when awarding damages, judges typically consider these two factors.
However, in recent years, many have expressed concerns that penalties sometimes negatively impact defendants’ sources of income. This is especially true when the penalty is not always consistent with the damages.

As a result, recent developments in personal injury lawsuits have prompted some judges to depart from the traditional model gradually. Now, judges may consider several factors before deciding the defendant’s penalty.

Class Action

Indications from different sources suggest that there is a growing trend in class action lawsuits. This is because getting a big corporation to pay compensation for the harm it causes to one individual can prove challenging.

That is why lawyers often adopt class action lawsuits when the personal injury case involves a big multinational or conglomerate company. To carry out a class action, the lawyers generally need to prove that the company’s negligence harmed one person and many others.

A company can be held liable for harm caused by their products or services.
Lawyers may also file a class action suit if the manufacturing process of the company’s products leads to environmental problems that harm people.

Impact of Technology

The emergence of artificial intelligence and predictive analysis has had a significant effect on the landscape of personal injury cases. Now, lawyers can use technology tools to help prove their cases.

Also, modern software now allows for easier communication and document passing. Thus, filing a lawsuit, gathering evidence, and agreeing on settlements are now more efficient and quicker than before.

In conclusion, these recent developments appear to have the potential to slowly change the face of personal injury lawsuits and champion a departure from traditional methods.

The changes also make it easier for courts to be more accessible and lead to faster resolution of court cases, which might have otherwise taken longer. This is a big plus for victims.
The changes will likely also affect defendants’ positions in personal injury cases. The legislation seeks to reduce the negative impact personal injury lawsuits may have on defendants’ businesses while also attempting to drive down the number of unnecessary personal injury lawsuits.

Summary

Recent developments in personal injury law continue to reshape the legal landscape for both plaintiffs and defendants. These changes aim to balance fair compensation with limiting excessive lawsuits. Advances in technology are improving the efficiency of legal processes, while evolving tort laws and class actions are changing how claims are pursued. Understanding these updates is crucial for anyone involved in a personal injury case. Consulting an experienced attorney can provide clarity on how these changes may impact your claim and help you navigate the complexities of modern personal injury litigation more effectively.

Published by Stephanie M.