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Emerging Trends in Personal Injury Cases

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Posted: 18th July 2023 by
Lawyer Monthly
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Personal injury cases involve disputes that arise from intentional harm, negligence, or promoting defective products.

Aggrieved parties can enlist the help of a personal injury lawyer in demanding compensation from the liable party. That said, changing times and advancing technologies have also changed personal injury cases. Below are emerging trends that currently affect legal proceedings of personal injury cases.

1. An increase in e-scooter accidents

Previous guidelines and laws on personal injury cases didn’t visualize the recent emergence of e-scooters. However, the increasing use of e-scooters, especially in urban areas, has subsequently increased e-scooter accidents and resultant personal injury cases.

Unlike other accidents and causes of personal injury accidents, determining liability for e-scooter accidents can prove challenging, mainly because there’s shared responsibility between riders, e-scooter companies, and involved third parties. The evolving framework that guides these cases adds complexity to such personal injury claims.

2. Increase in cases caused by distracted driving

Increased smartphone usage has also led to increased cases of distracted driving resulting in accidents. There are more cases of drivers causing accidents because they can’t focus on the road. Fortunately, proving liability in these cases is simple, as phone records and digital evidence can easily be obtained.

3. Advancements in medicine

Advancements in the medical field cannot be ignored. As to how it affects personal injury cases, doctors can now diagnose and treat personal injuries accurately. This makes it easy for plaintiffs and personal injury attorneys to precisely value present and future medical expenses. While these reduce hospital stays and the cost of medication for victims, modern treatment modalities are generally expensive.

Advances in medicine also mean longer life expectancy for personal injury victims. Victims who sustain long-lasting injuries that require continuous medical care and rehabilitation can price their demands better, as they are entitled to more compensation.

4. A focus on mental health

Mental health issues have become common in recent years. There’s a better understanding of how car or workplace accidents can affect victims’ mental health. For instance, most accident victims struggle with PTSD, anxiety, and depression, even after recovery. This calls for sustained mental health care.

Unlike before, mental health issues and treatment costs resulting from personal injuries are part of personal injury lawsuits. Personal injury lawyers now hire mental health specialists to provide expert testimony on the effects of accidents on the victim’s health and well-being. The courts are also more receptive to mental health issues.

5. Rideshare accidents

The increasing popularity of ridesharing services by online taxi operators has also introduced related personal injury cases. The main challenge in such cases is determining liability. The rideshare company, driver, or other motorists can be liable for rideshare accidents. Even then, determining if the driver is an independent contractor or an employee is a significant issue that affects compensation.

Endnote

The word has evolved in many ways, and the legal realm isn’t an exception. Trends in personal injury cases revolve around changing behaviors, advancing technology, and streamlining personal injury laws. While some trends are about the causes of injuries, others focus on making claims resolution more straightforward and accessible to victims who need legal assistance.

 

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