Can you remember any personal injury case that got a lot of attention in the news? Personal Injury Claims are really common in courts and involve serious injuries, death, lost income, and high medical bills. These cases are usually settled outside of court, but some become famous because of the limelight either due to involvement of well-known people or big settlements. Let’s enlist some famous personal injury cases that have made headlines over the years and changed the future outlook of Personal Injury Law.
In the year 2019, some federal courts of appeals used the rule “Rooker-Feldman doctrines”. This policy underlines the fact that lawsuits about personal injuries should be undertaken by state courts. These rules would stop federal courts from hearing personal injury cases that had already been considered and decided by a state court of competent jurisdiction. The exception to it is only if any federal issue or constitutional concern is involved.
In this case, the court stated that Bayer AG, the company involved in manufacturing Roundup weed killer cannot be held accountable for injuries caused by the main ingredient in it. The court explained that the main ingredient, glyphosate, is approved by the Environmental Protection Agency (EPA). This means that it is provided with a kind of protection under Federal law. This further justified that Bayer won’t be held responsible for injuries as long as the product is used as per the guidelines from the EPA. This is important as this decision would make it harder for people to claim charges under Personal Injury law when suing manufacturers of products that have been approved by regulatory agencies.
In a case in NY, a court stated that police officers cannot use the "qualified immunity" defense in a Personal Injury Claim brought by someone who got hurt during an arrest. The court said that the officer’s use of force was harsh and went against the established laws. This meant that the officer could be held responsible for damages caused by his actions. This decision was important as it highlighted that even government officials are not above law and can be accountable for their actions.
This came into the limelight when a decision was made by the highest court in Georgia. They explained how they determine who's at fault for injuries during the claims. They said that if the person injured who was at fault can still get money for their injuries. The only difference is that the amount they receive will be less based on how much they were at fault. This is important because it makes sure that people who get hurt because of someone else's actions still have a chance to get some compensation, even if they made a mistake too.
In the case mentioned above, the highest court in the United States decided that an employee who gets hurt on the job while working for UPS(United Parcel Services) cannot sue their employer for negligence in addition to filing a workers' compensation claim.
A UPS driver while making a delivery got hit by another vehicle. For the accident, she filed both a workers' compensation claim and a personal injury lawsuit against UPS. She claimed that UPS failed to maintain the brakes on her truck properly. The Supreme Court ruled out the claim stating that this would result in double recovery, which is not allowed by law. The court further elaborated that because worker’s compensation laws provide employees with a remedy for their injuries, allowing them to also sue their employer for negligence. This decision highlights the importance of understanding the relationship between workers' compensation and personal injury law when representing injured employees.
Over the past few decades, the way personal injury cases are handled in court has shifted due to important decisions made by judges. These rulings have played an important role in shaping the legal landscape for personal injury claims. Making it crucial for both victims and their legal representatives to stay informed about them. By knowing about these changes, individuals can better protect their rights and work with their lawyers to achieve successful outcomes in their cases.
The changes will happen and The Allied Outsourcing can help you remain updated while you apply for your Personal Injury Claims. We at The Allied Outsourcing can facilitate catering to a team of strong, experienced and professional legal experts who can help in providing top-notch Personal Injury Litigation support to legal firms and lawyers. The Allied Outsourcing team possesses experience in supporting law firms around the globe by focussing on skills and knowledge around laws. For any help, contact us at https://thealliedoutsourcing.comcontact/