The Law In Personal Injury Cases
Personal injury is governed by two main types of law: legislation, which is law written by the government; and case law, which is law decided by judges and then applied to other cases. There are many different Acts written by government that apply to different areas of personal injury law. These Acts are used by judges, in conjunction with case law, to make a decision on the case before them.
There is much personal injury case law which is applied in personal injury cases. The personal injury case law that is applied in each case depends on what type of personal injury case is before the judge. Take, for example, the duty for the highway authority to maintain a highway. This duty is contained in the Highways Act but also in personal injury case law. In order to succeed in a claim against a highways authority, a claimant would need to prove that the condition of the highway is a foreseeable danger to a road user.
The degree of severity that must be applied by a judge to each personal injury case law depends on in which court the case was decided. The higher the court that decided a case the more important the case becomes, and therefore future decisions on cases in lower courts must follow the previous decision.
If you would like to obtain legal advice on personal injury, Contact Law can put you in touch with a local specialist Personal Injury Solicitor free of charge. So, if you have any questions or would like our help in finding local Personal Injury Solicitors please call us on 08001 221 2299 or complete the web-form above.
- Last Updated on 02/03/2010