There are varying factors influencing emerging trends in personal injury cases. The changes are becoming more noticeable, so those involved, such as law firms, must consider them to help clients better. Even dealing with the pandemic has brought in some of these trends that have to do with how cases are handled, filed, or settled. And the following are trends to look out for this year.
The Rise Of Distracted Driving
Road accidents are some of the most devastating causes of personal injury cases to the use of mobile phones while driving, which has resulted in some of the worse vehicular crashes in history. Taking your eyes off for five seconds to send a text message was compared to driving at the speed of 55mph with your eyes closed.
Mobile phones give us the advantage of long-distance communication anywhere we go. Texting benefits those who want to keep communication private. But while it offers us the said advantages, it becomes dangerous when driving is involved. The sad thing is that drivers continue to use mobile phones while driving, resulting in car crashes that take too many lives away.
If you are involved in a car crash, you must understand your rights and the measures you must take to prove that the accident is not your fault. If it is, you can still benefit from asking for legal advice from an experienced and reputable personal injury lawyer from an injury network based in Miami or any other network near your place.
However, if you sustained an injury and want to recover compensation, you should establish the other driver’s liability to achieve a favorable outcome. For example, you can show proof that the other driver’s distracted driving constitutes negligence, which caused your injuries and resulting damages. In doing so, you can seek assistance from an experienced legal professional to establish the essential elements of negligence to obtain a judgment in your favor.
Cases Settled Without Reaching Court
When personal injury cases reach court, it typically means that both parties cannot agree on a compromise. Insurance companies and the defendants found that they were willing to settle with victims last 2021. It’s common knowledge that once parties decide to push the case to court, it could drag on for months or years, with everyone suffering from legal fees they must pay. Stress can immensely affect their personal lives and cost them even more money.
A settlement is sometimes the most peaceful solution if you trust that the insurance company will pay the amount you’re asking for or somewhere near it. When you decide to settle a personal injury case, you can avoid expensive and stressful litigation, and you don’t have to wait many years before the case is settled. Also, you have negotiated control over the amount of money a defendant can pay when you decide to settle. Lastly, admission of liability on the defendant’s part is unnecessary during the settlement of a personal injury case.
However, when facing this situation, you must have a trusted legal representation who will look out for your best interest. For example, if you’ve been injured in a sidewalk accident, it’s best to hire a sidewalk accident lawyer to represent you during the settlement proceedings. Your lawyer would know how much you need and what to ask for. It’s in the lawyer’s best interests to ensure you get the compensation you deserve.
Minimized Lengths Of Trials
Trials can cause stress to both parties. If cases have to proceed to court, the number of days they must be active has been reduced to only five days. In specific cases, parties can petition to extend the trial days. However, it will require some consideration, but the court is not obligated to grant those requests. At the same time, if you’re hiring a lawyer, you can also benefit from lawyers who offer flat-fee services to save on costs.
Defendants should know of this, and their lawyers must provide ample details that their clients can understand. In addition, it only applies to Rule 76 of the Rules of Civil Procedure which was amended and filed on October 23, 2019. The changes were to simplify court procedures in which jury trials will only proceed for litigation not exceeding USD$200,000.
But despite the minimized trial lengths, you should still be mindful of the filing deadlines and other timelines to protect your rights in a personal injury case. For example, since the trial days are reduced, you should file the lawsuit in court as soon as possible or before the statute of limitations expires. Otherwise, you’ll be barred from bringing your case to court and lose your right to seek compensation.
On the other hand, being barred from filing a case in court isn’t the only advantage of the statute of limitations. For practical reasons, initiating a personal injury case within the deadline prescribed by law is essential to preserve valuable evidence. As time passes, significant evidence that could strengthen your claim may be lost, and the memories of the material witnesses may grow foggy. Therefore, it’s essential to take the statute of limitations more seriously, as failing to do so could adversely affect the outcome of your case.
To ensure you file your case within the deadline, talk to a lawyer as soon as possible. For instance, if you’ve been injured in a slip-and-fall accident, search for slip and fall lawyers specializing in these cases. This way, you can have peace of mind knowing your case is in good hands.
Drones Causing Injuries
Personal injury is not only limited to workplaces, establishments, and car accidents. With the recent popularity of recording videos or taking photos with drones, there have been reports of accidents caused by poorly piloted devices. Drones have also been misused for the invasion of privacy.
A few accidents involved a small drone that caused a power outage in California for 1,600 residents. There was also an incident where a restaurant customer in New York City was severely injured by a drone, resulting in a cut chin and sliced nose. Traumatic experiences can happen due to either reckless flying or product malfunction of drones.
Drones that are commercially used are not the typical toy that hobbyists use. These have sharp blades and can fly up to 50 mph, which can cause harm to anyone it comes in contact with. Those operating the drone, if it causes an accident and injures others, can be liable through negligence.
But before making the operator liable for a drone accident, you must determine whether operating commercial drones can be considered dangerous. Below are the factors to help you decide whether it’s indeed a risky undertaking:
- Existence of risks of harm to a person or the property of others;
- The likelihood that the damage caused by it is significant;
- Inability to get rid of the risk by exercising reasonable care;
- The inappropriateness of the activity in a place where it’s carried on;
- Whether the activity is a matter of common usage or not.
Operating a commercial drone may subject the operator to absolute liability when these factors are present. Otherwise, negligence is considered to determine liability. For example, improper drone operation may result in a cause of action based on negligence if the act causes personal injury or property damage.
Hence, it’s essential to consult a lawyer to help you better understand the allocation of liability in drone accidents.
These rising trends around personal injury cases are caused by specific behaviors, technology, and streamlining procedures. While some factors are about the causes of injury to victims, others are about making the process simpler and more accessible for those who need legal assistance. When you’re involved in a personal injury case, it’s beneficial to seek an experienced personal injury attorney to help you navigate your case, however unique.