Who Makes Personal Injury Laws?

September 22, 2016

Personal injury law, which is sometimes known as tort law, revolves around an injured person or party taking their case to civil court in an effort to receive a legal remedy – damages award – for all of their losses that stem from an accident or workplace incident. In such a case, one party, the injured party, faces off against the company, organization, or individual who is responsible for the accident through negligence or simple disregard. More often than not, the injured individual suffers harm from said negligence and will be forced to pay for medical bills, rehabilitation, and loss of work hours and income. In this instance, hiring a personal injury lawyer is the most beneficial, smartest move you can possibly make.

The Basics

There are numerous situations where today’s personal injury rules may apply, including, but not limited to:

  • Accidents – Personal injury rules will always apply in a situation where an individual acts within a negligent manner or carelessly to cause harm to another individual. Some examples include slip and fall accidents, medical malpractice, or vehicular collisions.
  • Intentional Incidents – Personal injury law will also apply to a situation where the defendant’s intentional actions led to the harm or injury of another party. Examples include assault or battery.
  • Defamation – Defamation is probably the least known personal injury case today. Basically, if one party is directly responsible for hurting another party’s reputation, the defendant is liable for damages.

Who Makes Personal Injury Laws?

Most personal injury laws stem from old “common law rules,” which refer to laws crafted by judges, as opposed to today’s laws that were manufactured by legislatures or passed via bills and statues.

When a single judge hears a case and decides on the outcome, his lone decision on the law will become the binding precedent for all other courts within that state that are deemed “lower” than his court. These “lower” courts will then apply the judge’s decision to their own cases, which then creates “common law.”

How Does a Case Work?

No two personal injury incidents are alike, so no two cases will flow in a similar manner when they move to court – or settle out of court.

To start, the defendant will have had to do something to the injured party or caused the injury in some way for any case to move forward whatsoever. The only exception here is of contractual breaches, which are handled under “contract law.”

Next, the plaintiff will determine that defendant breaches their legal duty. For example, a driver who is operating a vehicle should act with a certain level of care and remain reasonable while on the road. Doctors must remain competent and practice their health care following their code to the letter.

Finally, a settlement talk will occur. Many will settle out of court, though some may require a lawsuit in order to make any headway. In this case, a damages award will be offered to the victim. If you would like to learn more, the Futerman Partners LLP website is a helpful source for information.

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