In the United States, civil case filings involving personal injury increased suddenly to 97% in 2020. Although they dropped 64% in 2022, personal injury claims remain among the most common cases in civil litigation.
Situations that require legal representation from a personal injury attorney happen every day. These usually include, but are not limited to, car crashes, slips and falls, dog bites, workplace accidents, and medical malpractice.
As the industry and its demand continuously grow, so does the number of personal injury attorneys. As of 2023, the U.S. has 50,693 personal injury lawyers and attorneys' businesses.
That could mean finding immediate legal representation from a qualified lawyer is more accessible than ever for personal injury victims. But for law firms, it may entail staying competitive and paying attention to the evolving landscape surrounding personal injury cases.
Below, we'll examine the current trends in personal injury claims and how they can impact those seeking compensation.
Use of Social Media Evidence
Both pursuing and opposing legal teams are using social media as evidence to support, reduce, or discredit personal injury claims.
Social media evidence refers to data documented on online platforms like Facebook, Twitter, or LinkedIn. They can be photos, posts, videos, or other digital footprints a user leaves behind on social media networks.
People continue to communicate and share their experiences on their social media accounts. This wealth of information available online lobbies insurance companies to embrace social media research when investigating claims. Lawyers and judges also routinely examine them during a personal injury case hearing.
Any indication on social media contradicting your testimony could hurt your ability to obtain compensation. For instance, you claim to be in severe pain, but your social media posts portray otherwise.
Insurers or the defendant's attorney may use that information to argue your injuries don't impact your capacity to undertake everyday living activities. Even if you're in pain the whole time you’re sitting in a corner, your posts can be potential evidence to deny a claim of emotional distress.
Of course, there are ethical considerations when retrieving and using social media evidence. The U.S. Unlawful Access to Stored Communications Act’s additional statutory provisions, 18 USC §§ 2701 to 2710, protect your privacy interests concerning information stored electronically.
The Act also requires social media platforms to abide by specific security standards when handling a user's personal information. But companies cannot use it to reject a warrant or court order for acquiring social media evidence.
Every state and courtroom may have different requirements for establishing social media evidence as discovery. Whatever they are, a savvy attorney knows how to avoid ethical violations and ensure the admissibility of social media evidence.
Advancements in Medical Technology
The burden of proof is a critical component of every personal injury case. It's the standard legal requirement needed to establish the plaintiff has a valid claim to secure compensation from the defendant's insurance provider.
That means proving with sufficient proof that the other party's negligence caused your injury, which makes them liable for the resulting damages. The type of evidence and how you present it could indicate the difference between winning and losing a case.
Besides demonstrating how an accident happened, technological advancements also help medical professionals diagnose and treat injuries with better precision. As a result, the accurate cost of current and future medical expenses is much easier to calculate for lawyers and their clients.
For instance, the use of medical imaging is also a powerful tool in presenting personal injury cases and substantiating evidence. It provides a clear picture of the harm sustained by the plaintiff, enabling jurors to come up with a fair decision.
Rising Costs of Medical Treatment
The amount spent on medical bills for diagnosis and treatment plays a significant role in your personal injury settlement. Generally, more medical treatments can mean more substantial compensation for injured victims. But the type of care and treatment duration are also critical factors in determining how much you'll receive.
Despite your eligibility to recover compensation for medical expenses, the rising costs of medical treatment in the U.S. can also affect your personal injury claim. This is because insurance companies may only cover medical treatment costs up to a specific limit.
Several American states have laws that cap the damages plaintiffs can recover in a specific type of personal injury case. Even if you incurred higher costs for medical treatment, your compensation might be reduced to adhere to the damage caps.
Fraudulent Insurance Claims
Insurance fraud is a common occurrence in personal injury claims. Many people use accidents to make money and squeeze out a few extra dollars from an insurance company. Because insurers are often eager to settle out of court, fraudsters take advantage of this and file bogus injury claims every year.
They may submit unreasonably high or false claims to the insurance provider after an accident. Some may conspire with an auto repair company to inflate property damage in a personal injury claim and share in the profit.
Such false claims don't only increase policyholders' premiums, as insurance firms determine rates based on losses. They can also hurt those genuinely seeking compensation for the legitimate injuries and losses they suffered.
Because of the increased number of fraudulent personal injury claims, insurers tend to be more distrustful of the claims they're receiving. As a result, recovering compensation will likely take much longer, as insurers must be more cautious when approving and extending payouts.
How can personal injury lawyers help protect your rights in this evolving landscape?
The evolving landscape of the personal injury industry can be challenging to navigate. But working with an experienced personal injury lawyer can help you better adapt to these changing trends and practices.
Generally, attorneys can advise you on any changes affecting your situation and capacity to secure compensation. Below are a few specific ways personal injury attorneys can help protect your rights.
Handle case investigation and discovery
Investigating the case and performing discovery is significant when fighting for your deserved compensation. A personal injury lawyer will handle this for you and collect as much information about the case as possible.
When using social media evidence, lawyers know what's relevant to your case and how to retrieve and preserve it properly.
Remember that obtaining certain private information may require a warrant or court order. You may only access and document a user's public data with it. The extensive legal knowledge and experience of personal injury attorneys are valuable, particularly in this case.
The insurer or defendant's attorney will likely use your social media posts to reduce or deny your claim. A lawyer will investigate the facts independently and challenge the insubstantial evidence against you.
Maximise settlement opportunities
Insurance companies are always looking for ways to deny a plaintiff's claim or minimise the amount they must pay. They may have a team of highly-experienced attorneys who will make lowball settlement offers and pressure you to accept them.
With a lawyer on your side, it will be easier to determine if the amount offered to you is reasonable. Note that you cannot trust the insurer to be open about disclosing policy limits during the claims process. That's because they're not generally required to do so.
But an experienced personal injury lawyer is fully equipped to evaluate the legal language of an insurance policy. They can help you accurately determine how much money you can recover and for what. Attorneys will send insurers a demand letter and negotiate, as much as possible, up to the policy limit.
That way, you can ensure you don't settle for less than you legally deserve. Insurance companies will likely disagree with the amount requested and respond with a lower settlement offer.
However, attorneys know what evidence and documentation to collect to convince the insurance company. They won't only ensure you maximum compensation but will also find alternative resources for additional damages.
Collaborate with other professionals
Insurers typically consider many factors when assessing a victim's personal injury claim. They look at the pain and injuries that impact one's quality of life.
Lawyers work closely with doctors and other medical professionals to prove the injuries you suffered in the accident. These medical experts' testimonies, paired with advancements in technology like imaging, provide high-quality insight into your personal injury case.
Personal injury attorneys also collaborate with other professionals to fight for your rights to fair compensation. For instance, they may utilise the services of an accident reconstruction expert to investigate and testify in a claim for car accident cases.
Other types of professionals will aid in resolving your case. The lawyer knows how to work with them and who can best prove what's asserted in your claim.
Keep yourself informed about the changing laws and regulations
More profound changes may occur surrounding personal injury laws and regulations. Staying informed and current with them can be crucial when preserving your rights to compensation.
With a personal injury lawyer on your side, you can ensure that you comply with the law. They will also know what specific rules will apply to your case and use them to secure what you deserve.
