Personal Injury
Halt | January 19, 2022 | 0 Comments

Can Personal Injury Move Into The Digital Space?

Personal injury law is one of the most important areas of litigation in the USA. Ibis World estimates that over $40 billion flows through the industry every single year – yet, a great volume of cases are potentially falling through the cracks due to a lack of access. This phenomenon has likely been exacerbated by the coronavirus pandemic as fewer people leave the home, even when they have a claim to pursue. The obvious answer is digitization, yet, the legal industry has several barriers in its way to prevent its full adoption of the physical sphere. Looking to Texas, historically an active state for litigation helps to provide guidance.

Looking At The Market

The Nature Of Your Personal Injury

There’s a big change in the way when it comes to personal injury law. Take a look at the way punitive damages in Texas are dealt with; the state, which has a generally pro-litigation environment in which private law picks up the slack in public regulation, is changing the way it treats personal injury. According to legal experts, this will include changes in how the reasonable person standard is considered, and this may move into digital considerations. How services are used and how everyday people interact with the internet is important, and has a big influence on the courtroom process.

Employee And Public Rights

personal injury claim

Indeed, there is a liberalization ongoing in terms of what legal expectations employers and members of the public can have of businesses. As businesses have increasingly moved into the digital sphere, and society as a whole, it has opened up a wide range of potential issues for businesses in terms of what they are liable for. This has seen an increase in the number of employers being able to sue their employees – even when they’re based remotely. The Austin American-Statesman has tracked an increase in such cases, and a generally more permissive environment for employees seeking to take litigation against employers.

Digital Courts

Digital courts

Digital courts are, of course, nothing new. Since the closure of facilities due to COVID, Harvard has tracked huge increases in the number of facilities offering digital hearings and summaries, enabling victims to enjoy justice from home. This has, by necessity, forced lawyers and other parties involved in the litigation process to get up to speed, too. There will always be an evidential standard, and certain processes, that need legal professionals to speak to their clients and those they are litigating against in person. However, the drive towards completely digitized courts by the federal authorities and their partners will mean a continual move towards the digital sphere.

That’s good news for those who have been the victim of crime. Obtaining justice without the antiquated and stuffy history of courts being in the way is good news for the entire system. Hopefully, with technology continuing its 2022 charge, this will become the norm rather than a potential benefit of individual courtrooms and attorneys’ offices.

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