How Case Law Impacts Personal Injury Claims
Whether negotiating an insurance claim or arguing a case in front of a court, personal injury attorneys use all available resources to ensure their clients receive a fair settlement. This includes evidence specific to the case, such as medical records and surveillance footage, but may also include case law.
Case law is a body of decisions issued by judges in courts across the country, based on the specific facts of each case. These demonstrate how a given judge has interpreted and applied laws to determine a verdict for or against a party.
Whether it’s the US Supreme Court or an appellate court, case law can significantly impact how personal injury claims are evaluated, argued, and decided, making it essential for personal injury clients to understand how their attorney will apply case law.
How Does Case Law Differ from Statutes?
The difference between case law and statutes lies in the separate branches of government that work together to govern law and legal outcomes.
Statutes are enacted by legislative bodies, such as the House of Representatives or the Senate. There are both federal statutes and state statutes. Federal statutes generally set minimum standards, such as federal regulations governing the trucking industry, and state statutes then “raise the bar” based on the regulatory body’s standards.
Court systems then apply these statutes when deciding verdicts, developing theories and interpretations that can then be used in further cases. In some cases, judges will also challenge the legality of certain laws on behalf of a plaintiff or defendant, which can lead to further legislative changes.
One common way this appears in civil cases or insurance claims is liability. Each state has a different method for determining fault in a civil case. For example, Illinois uses modified comparative negligence, meaning a person can sue for damages only if they are less than 50% at fault. Judges issue verdicts based on these statutes, but they may also need to interpret them in specific circumstances, such as allocating fault among multiple parties in a lawsuit.
How Personal Injury Attorneys Use Case Law
Personal injury attorneys frequently cite case law to build their cases or negotiate with insurance companies. One common way to apply case law is to establish a precedent for a given action, such as when filing a motion. The attorney will cite a case with a similar premise and show how the verdict aligns with their preferred outcome in the current case.
Case law provides common definitions that attorneys can use when building their claims. One application of this is the “eggshell skull rule,” which argues that an insurance company cannot deny a claim just because someone was uniquely predisposed to a certain type of injury.
For example, if a car accident victim had a connective tissue disorder and suffered a spinal injury, the insurance company cannot deny the claim based on the connective tissue disorder. They have to take the plaintiff “as they are” rather than comparing them to a healthy person.
Another common way attorneys use case law is when there is a criminal case arising from the same accident or injury that gave rise to the personal injury lawsuit. This establishes “negligence per se,” meaning that a criminal court has already found the defendant guilty, and thus, they are likely liable in a civil case as well.
Can An Attorney Use Case Law from a Different Jurisdiction?
First, note that the US Supreme Court rulings override those from other court systems and are considered the “law of the land.” If a Supreme Court ruling contradicts a state supreme court or appellate court decision, the Supreme Court decision has greater weight. This is also true if a state supreme court issued a decision and a defendant is appealing to a lower court.
However, personal injury attorneys may use case law from other jurisdictions, even those outside of a given state, to provide “persuasive authority.” In other words, the other court’s decision is not legally binding, but it can strengthen a certain argument.
This is usually used when there is no local law or court case that addresses the same issue.
As an example, assume that you got into a car accident in Chicago, Illinois. These cases would be governed by the Circuit Court of Cook County. If you needed to appeal a state claim, you would file a claim with the Illinois Appellate Court, First District.
If the Circuit Court of Cook County, the First District Illinois Appellate Court, or the Illinois Supreme Court did not have a case ruling that was similar to yours, get a free consultation at Chicago Injury Center might look for different cases that were decided in other Illinois venues, like Sangamon County Circuit Court in Springfield, IL.
This case law would not bind the court; the judge may decide to disregard it. However, it can help demonstrate the legal theories that a different judge used to decide a similar case, which can guide the deliberations.
Arguing a personal injury case requires a range of evidence, ranging from medical records to case precedent. The more complex or unusual the case may be, the more that an attorney will lean on case law and specific statutes to hold negligent parties accountable. Understanding the fundamental differences between case law and statutes, and how they inform cases, provides victims with the tools they need to participate in their own case and ensure they have a successful trial.
