About Personal Injury Laws
Of the more than 15 million lawsuits filed every year in the United States, amongst the most widely followed are personal injury cases, particularly those that result in large cash settlements. Civil cases brought under personal injury laws have resulted in payouts to consumers burned by hot coffee and to burglars injured in the act. This has made personal injury law a highly controversial topic and created a groundswell of support for reform.
Function
The purpose of personal injury laws and the cases that rise pursuant to them is to protect citizens and consumers from the negligence of individuals, corporations and governments, and to provide a remedy for those who have been injured as a result. Personal injury laws also allow suits for less obvious injuries, such as malicious prosecution, slander and libel.
Types
Many different causes can give rise to a personal injury suit, and these tend to fall into several distinct types. The most common personal injury cases stem from traffic accidents. Another common type rises from accidents in the workplace, and often involves claims for workman's compensation. The largest cash settlements tend to come from cases involving defective products and industrial diseases, such as asbestosis and mesothelioma, which usually infer some corporate liability.
Significance
The large settlements that are occasionally awarded in personal injury cases makes this a controversial aspect of litigation, with many different groups calling for tort reform to limit such payments. Some feel that personal injury laws which allow large punitive damage settlements and compensatory awards have a chilling effect on business and clog the legal system with frivolous suits from individuals inappropriately seeking financial gain.
Effects
While cash settlements are the most common and high profile effect of personal injury laws, another important effect is the change in behavior of parties potentially liable under such laws. The proliferation of warning labels on products, and other disclaimers, is a direct effect of personal injury laws as corporations and governments attempt to shield themselves from liability for such nebulous injuries as "pain and suffering."
Potential
With the election of Barack Obama, a lawyer who has advocated tort reform, there is a distinct possibility that real change in personal injury laws may be occur. Amongst the reforms advocated are limits to damage awards, limits to jurisdiction in which personal injury cases may be brought, and the strengthening of a "loser pays" system where a case that is unsubstantiated by fact will actually create a liability for the plaintiff. Also, because many personal injury cases are brought by individuals unable to shoulder the burden of legal costs and fees, most attorneys work on a contingency basis where they are only paid if a cash settlement is awarded. Limiting the ability for attorneys to operate in such a fashion is also regarded as a means for limiting the number of frivolous personal injury lawsuits.
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