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Personal Injury Law Trends for 2021

On Behalf of | Jan 4, 2021 | Firm News

Created: 04 January 2021

Personal injury law in 2021 will experience several important trends. One key trend is that defendants and insurance companies in personal injury cases will continue to be motivated to settle cases out of court during the current Covid pandemic situation. This is because, all else being equal, personal injury jury trials are being delayed for months given that in person jury trials cannot take place. Insurance companies and their insureds, as well as large self-insured entities, do not simply want unresolved cases sitting on their books for an indefinite amount of time, especially large cases that force them to carry a potentially significant amount of financial risk on their books indefinitely. Moreover, insured defendants in personal injury cases do not want to live with the unknown in terms of claims exposure; they would rather amicably resolve the matter than live with it indefinitely.

A second key trend in personal injury law in 2021 is the continued use of remote technology, such as the popular video conferencing software, Zoom. This type of technology is now being routinely used by judges in Courts to conduct various hearings, scheduling conferences, and other pre-trial motions in personal injury cases. This also includes using remote video conferencing technology for depositions in pending personal injury cases. Personal injury attorneys have adapted well to the use of Zoom for depositions in personal injury cases and 2021 should see this trend continue. This makes sense in that it reduces potential virus exposure, saves money in terms of travel expenses, and provides a relatively simple and reliable platform for taking testimony.

A third key trend in personal injury law in 2021 that we predict is a recognition by insurance companies in personal injury cases that claims for pain, suffering, and loss of enjoyment of life damages are increasing in monetary settlement value. This is because, through the Covid pandemic, our collective awareness of, and appreciation for, the value of a normal day-to-day life has increased exponentially. Any injury that imposes limits or barriers on normal day-to-day living will be recognized for the very serious imposition that it is. People now do not take normalcy as much for granted, including as to things such as mobility, the ability to work, the ability to travel, the ability to go out and to recreation and leisure activities, and the ability to engage in human interaction. Any personal injury that limits or impairs these things will be recognized as all the more significant and thus worth more in terms of money damages to achieve fairness on any given personal injury insurance claim or personal injury lawsuit.

A fourth personal injury law trend for 2021 is the types of personal injury cases, or categories of personal injury cases. Our personal injury lawyer anticipates an increase in distracted driving cases as the increase in use of cell phone technology continues to increase. As we slowly begin to return to normal, our personal injury attorney sees an increase in business related personal injury cases, including slip and fall cases, falling merchandise injury claims, negligent security cases, and dram shop liability cases. Product liability injury cases should hold relatively steady, as should medical device cases and prescription drug lawsuits. Medical malpractice is somewhat unpredictable, as is nursing home litigation. Covid related claims certainly do exist, however state and federal law immunity protections may blunt such cases; it is too early to tell. More straightforward medical malpractice related claims will most likely hold steady. A more interesting question is societal attitudes towards healthcare providers and how the current pandemic has shaped views, both positive and negative at the individual and system level. Mahoney Law, PLLC handles all these types of personal injury cases, as well as many more types of personal injury claims.

Contact Mahoney Law, PLLC for your personal injury claim attorney. If you, a family member, loved one, friend, or acquaintance is in need of personal injury lawyer services, do reach out to Mahoney Law, PLLC. We are a full service personal injury law firm.