Legal precedent refers to a decision made by a higher court that sets a standard for how similar cases should be handled in the future. In personal injury cases, legal precedent can have a significant impact on the outcome of your case. Here’s what you need to know about how legal precedent affects your personal injury case.
Understanding Legal Precedent
In the United States, the legal system is based on the doctrine of stare decisis, which means “let the decision stand.” This means that judges must follow previous decisions made by higher courts in similar cases. If a case is decided in a certain way and that decision becomes legal precedent, lower courts must follow that decision in similar cases.
How Legal Precedent Affects Personal Injury Cases
Legal precedent can affect your personal injury case in several ways. For example:
- Establishing Liability: Legal precedent can help show who is liable for your injuries. If a similar case has already established liability in a certain way, your case may be decided similarly.
- Calculating Damages: Legal precedent can also affect how damages are calculated in personal injury cases. If a similar case has already established a certain standard for calculating damages, your case may be decided similarly.
- Setting a Precedent: Your personal injury case could also set a precedent for future cases. If your case is decided in a certain way and that decision becomes legal precedent, it could influence how similar cases are arranged in the future.
Examples of Legal Precedents in Personal Injury Cases
There are many legal precedents in personal injury cases. For instance, in the case of Palsgraf v. Long Island Railroad Co., the court established the concept of proximate cause in personal injury cases. This means the defendant is only responsible for the harm they could have reasonably foreseen.
Another example is the case of Helling v. Carey, where the court established the duty to warn of potential harm. In this case, the defendant failed to warn the plaintiff of the potential damage resulting from a medical procedure.
How to Use Legal Precedents in Your Personal Injury Case
Working with an experienced attorney who understands how legal precedent can affect your case is essential if you’re involved in a personal injury case. Your attorney can research similar cases and use legal precedent to strengthen your case and maximize compensation.
Conclusion
Legal precedent plays a critical role in personal injury cases. By establishing liability, calculating damages, and setting a precedent for future cases, legal precedent can significantly impact the outcome of your case.