Emerging Trends in Personal Injury Claims
In New York, personal injury claims have been around for a while. Yet, this does not imply that everything related to personal injury claims has stayed unchanged. Several laws have been altered or deleted, while others have been added. Recent advancements in technology, medicine, and other areas have led to the emergence of new trends. As a result, attorneys have to adjust to the evolving field of personal injury cases. These are some emerging trends in personal injury claims that you should be aware of:
Increased Use of Technology
Nowadays, technology has become one of the most important aspects of our life. For this reason, it is much more common to see personal injury claims that are somehow related to electronic gadgets and devices. For example, texting and driving are one of the most common causes of distracted driving accidents. Modern car infotainment systems have the potential to distract drivers and divert their focus from the road, which raises the possibility that they may play a role in auto accidents.
For instance, using a touchscreen interface to change the radio, directions, or climate controls might cause a driver to temporarily lose sight of the road, increasing the likelihood of an accident. According to research by the American Automobile Association (AAA), some infotainment systems might have distracting effects that are comparable to the well-known danger of texting while driving. According to the study, even simple actions like setting up navigation can keep drivers distracted for up to 40 seconds, increasing the likelihood of a collision.
In recent years, drones have grown in significance as a component in personal injury lawsuits. There are several ways that drones can hurt people and property, including flying into restricted airspace, colliding with objects, and violating people’s privacy. Drone accidents can result in personal injury lawsuits for several reasons, such as pilot mistakes, equipment failure, or a failure to adhere to safety rules.
However, technology has also become very beneficial to obtain valuable evidence. Security cameras may record footage of incidents as they happen and are frequently employed to keep an eye on public areas. Particularly among professional drivers like truckers and cab drivers, dash cams are becoming more and more common because they offer a clear picture of the road and the region around it. Law enforcement personnel, including police officers, frequently wear body cameras that record encounters with the public. Whether excessive force was used or if the right procedures were followed, it may be shown using this video.
Advancements in Medicine
Medicine has also improved a lot in recent years. Thanks to advancements in medicine, doctors and other health professionals are now better equipped to diagnose and treat injuries and illnesses with greater accuracy and efficiency. This way, attorneys and plaintiffs can calculate future and present medical expenses with more precision. Similarly, advances in healthcare have led to an increase in life expectancy, which means that individuals who suffer long-lasting injuries may require ongoing medical care and rehabilitation. As a result, the cost of personal injury claims may be higher, and injured parties may be entitled to recover more compensation.
Nevertheless, advancements in medicine also mean that the costs of medical treatment may significantly increase. The more advanced or more complicated a surgery or medical intervention is, the higher the costs are. Accidental injury victims and their attorneys need to take this into account before accepting any settlement offer.
Parties involved in a personal injury claim have the possibility to resolve the dispute outside the courtroom. By reaching a settlement without going to trial may save both parties time and money. The process to resolve a dispute outside the courtroom is called “Alternative Dispute Resolution” (ADR). Negotiation, mediation, and arbitration are all methods of ADR. The parties and their lawyers meet to discuss the matter and attempt to come to a settlement agreement during negotiation.
In mediation, a third person who is impartial helps the parties reach a reasonable agreement. In arbitration, a neutral third party hears testimony from both sides and, based on the parties’ agreement, renders a binding or non-binding ruling. Although ADR is not a new process, it has gained significant popularity over the last few decades due to the increasing backlog of cases in the court system.
Increased Focus on Mental Health
Mental health has become more and more important in recent years. Thanks to studies and research, now we have a better idea of the impact of accidents and other traumatic experiences in someone’s mental health. Those who have post-traumatic stress disorder (PTSD), anxiety, or depression as a result of an accident, for instance, may need continuing mental health care and assistance. This may affect their capacity to work or carry out everyday activities and result in expensive medical costs.
Nowadays, mental health losses such as treatment costs or lost pay resulting from work absences due to mental health issues are frequently included in personal injury lawsuits. The likelihood of hiring mental health specialists to testify about the effects of the accident on the claimant’s mental health and wellbeing may have increased among attorneys and insurance companies. In calculating damages, the courts could also be more receptive to mental health-related information.
Stronger Focus on Rehabilitation
In the past, personal injury settlements used to focus on compensating the injury victim for their medical expenses, lost wages and property damage. However, recovery did not receive the importance it deserves. Fortunately, now rehabilitation has become a more important matter in personal injury claims. Rehabilitation costs, including those for physical therapy, occupational therapy, and speech therapy, are increasingly frequently included in personal injury claims. The expense of medical devices, house modifications, or other accommodations that are required for the injured party’s recovery may occasionally be covered by insurance.
Online Dispute Resolution
Online dispute resolution has become a common method to reach settlements without having to go to court. The Internet has made it possible that parties that may be physically far apart from each other can resolve a dispute outside of a traditional courtroom. Online dispute resolution can be more cost and time efficient. Additionally, online dispute resolution tools may be used from any location with an internet connection, making it simpler for anyone to file a lawsuit without having to physically go to court. For people with mobility challenges or who live in distant places, this may be particularly crucial.
The world is evolving rapidly in many ways. The legal field is no exception, especially when it comes to personal injury claims. To effectively help their clients, lawyers, and attorneys must adapt to these changes. New York-based Greenberg & Stein P.C. is a legal services provider. In order to provide a high-quality and professional service, our attorneys regularly adapt to the new trends in personal injury claims. This is in addition to having extensive knowledge of New York laws and regulations. Contact us at 888-716-3843 to schedule a free consultation to review your case.