4 Personal Injury Law Trends in 2021

The personal injury law, also known as torts law, is applicable in certain situations when a defendant intentionally or negligently causes harm to another person, such as battery, assault, or accident. With assistance from competent law practice, like KSA Atty, you can gain a significant payout if you are a personal injury victim.

Experts believe that personal injury law will experience some critical trends in the year 2021.

#1 Out of Court Settlement

The COVID-19 pandemic affects the whole world, but the United States is suffering more than any other country. It has repercussions that are too far spread for every industry and wake of life. As far as the personal injury law is concerned, the defendants and insurance agencies are likely to push for quick out-of-the-court settlements in 2021. If a case goes to court, it is expected to take months because in-person jury trials cannot be held.

Insurance companies will continue to encourage out-of-the-court settlements because they do not want a plethora of unresolved cases hanging on their backs. Most defendants are also unlikely to want to live with unresolved matters indefinitely. A quick amicable settlement benefits everyone, even the courts because their burden is lessened significantly.

#2 Shift towards Remote Technology

Another trend becoming popular because of the pandemic is the use of remote technology in the courts. The popular video conferencing application, Zoom is especially becoming integral to court proceedings. Virtual presence is encouraged for the hearings, scheduling conferences, depositions, or other pre-trial motions regarding personal injury cases. Remote technology reduces virus exposure, saves money, and provides a reliable platform for taking testimonies.

#3 An increase in Pain and Suffering Awards

Insurance agencies are likely to recognize an increase in damages caused by pain, suffering, and a loss of enjoyment of life. This will likely increase the monetary settlement value in personal injury cases.

COVID-19 pandemic has increased our appreciation of normal life. An injury that disrupts everyday living is likely to be recognized as a serious imposition. The ability to travel, work, engage in recreation, have fun, etc., are all everyday things. The pandemic has made people see that normalcy is not to be taken for granted. An injury that impairs these things is likely to get a higher award in a personal injury claim or lawsuit.

#4 Classification of Personal Injury Cases by Types

Trend-wise, every type of personal injury case is likely to be affected differently in 2021.

Distracted driving cases will continue to increase because of the rise in cell phone use and other digital devices.
Business-related personal injury cases are also likely to increase as the vaccination spreads and businesses start operating normally. These cases will include falling merchandise injury claims, slip-and-fall suits, negligent security, and dram shop liability cases.
Product liability injury cases, medical device cases, and lawsuits for prescription drugs will likely hold steady.
Medical malpractice and nursing home litigation are unpredictable, so it’s hard to tell about their trend.
The State and Federal law immunity protections may blunt the claims of COVID-related claims. It is too soon to tell.

Lastly, keep in mind that the activities in every wake of life are likely to increase with the increasing population, including personal injury claims. People are becoming increasingly aware of their rights. They are also expected to trust the legal system more because of increased exposure and scrutiny in this digital age.

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Ashutosh Jha

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