Key Changes to Personal Injury Laws in Recent Years
You’re a busy personal injury lawyer, so keeping up with the latest changes can feel like an uphill battle. But staying on the cutting edge of new laws and court rulings is critical to providing the best representation and advice to your clients. This article brings you up to speed on some of the most important recent developments in personal injury law you need to know to do your job well as an injury attorney. From updates on statutes of limitations to new precedents being set on liability, we’ve got you covered. Pour yourself another cup of coffee and dive in – your clients are counting on you to have the latest information at your fingertips so you can build the strongest cases possible on their behalf. The law is always evolving, but we make it easy to stay ahead of the curve. Read on to find out what’s new in the world of personal injury.
The Impact of Technology on Personal Injury Cases
Recent years have seen some major changes to personal injury laws that attorneys should know about.
Caps on Non-Economic Damages
Several states have passed laws limiting the amount of non-economic damages (like pain and suffering) that can be awarded in personal injury cases. California, for example, has capped non-economic damages at $250,000. These caps can significantly impact settlement negotiations and jury awards.
Time Limits on Filing Cases
The statute of limitations, which is the deadline for filing a personal injury claim, has been reduced in some states. In Florida, for instance, the statute of limitations for medical malpractice cases dropped from 4 years to 2 years. Missing these tighter deadlines could mean losing the right to pursue a claim altogether.
Restrictions on Joint and Several Liability
Some states have abolished or limited joint and several liability, where any defendant found liable can be required to pay the entire judgment. Now, in states like Texas, defendants are usually only responsible for their proportion of fault. This makes it more difficult to recover full damages, especially if some defendants don’t have the means to pay their share.
Caps on Attorney Fees
A few states have imposed caps on contingency fees in personal injury cases. Alaska, for example, has capped fees at 33% of the first $500,000 recovered and 25% of any amount over that. These fee restrictions aim to limit the portion of damages that end up going to attorneys rather than plaintiffs.
Staying up-to-date on changes like these is essential for any personal injury attorney. Knowing the current laws and regulations in your state will help you better serve your clients and maximize their recoveries. Constant learning and adapting to new rules are all part of the job.
How Lawyers Can Stay Up-to-Date on Developments in Personal Injury Law
The tech explosion over the last few decades has transformed how personal injury cases are handled. As a lawyer, you need to stay on top of emerging technologies and understand how they impact your work.
Cameras everywhere
Security cameras, dash cams and cell phone videos provide footage that can make or break a case. Gather any available video early on. Look for details that support your client’s version of events. At the same time, be aware that footage could potentially hurt your case if not addressed properly.
Social media matters
People share their lives on social media, and this can include details relevant to an injury or accident. Review the social accounts of your client and any opposing parties. Look for posts, photos, location check-ins or other clues that could aid your investigation or provide evidence to support claims.
Digital records
Texts, emails, data from wearables or smart home devices may contain critical evidence. Request digital records and sift through them carefully. Even data that seems mundane could hold key details.
Technology has added new layers of complexity to personal injury law. But when leveraged effectively, it provides powerful tools for building and winning cases. Stay up-to-date with trends, and don’t be afraid to enlist experts to help extract, analyze and present digital evidence. With tech on your side, you’ll be better equipped to get the best possible outcomes for your clients.