One of the most surprising aspects of the rules that govern personal injury claims are the ones that aren’t explicitly written or defined. Known as common laws, these policies are based on customs and judicial precedents, and are not always specific statutes that have been passed through traditional methods. Instead, a way to describe common laws is to describe them as rules that are understood rather than written.
Understanding common law can be a crucial component of a personal injury case. It can help a person decide if they might have a claim or can even strengthen an injured person’s case by using precedents to help strengthen their legal argument.
Common Law as Judicial Precedent
A landmark court decision might set a precedent due to their unique subject and result. A binding precedent comes from a high court and establishes a rule that lower courts and other judicial bodies must use to make decisions on similar cases. Precedents are important because they help promote predictability, efficiency, and fairness in a legal system.
When a lower court sets a precedent, it’s known as a persuasive precedent. Judges for higher courts are not required to follow these precedents. However, persuasive precedents are important factors that judges in higher courts consider while deciding a case.
Why Are Precedents Important to Personal Injury Cases?
Precedents are important for personal injury cases because they can help a court make the correct decision during a personal injury case. Since no one should expect the average member of a trial jury to know legal precedents, an attorney should make sure that a court examines them before making a decision.
Additionally, precedents are important because they can clarify or “mend” a part of the law that was previously unclear. Hiring an experienced personal injury lawyer will help a person explore all the legal precedents associated with their situation.
Other Types of Common Law
Common law can be defined by unwritten “common sense” rules. If a person hurts another person, they might be liable for the injuries despite not breaking any written law. For example, if a person throws a heavy item from the top of a building and it hurts someone else, they might be liable for their injuries despite the lack of law specifically forbidding throwing objects from a height. This is because common law states that a person should know that this behavior could be dangerous to others.
Why Having an Attorney Is Important for Common Law
When it comes to common law, having an attorney is crucial for a personal injury case. Since a personal injury lawyer should be familiar with legal precedents, they’ll ensure that a court is aware of any relevant past decisions that are relevant for your case. Additionally, a lawyer might be able to use common law to build a strong case even if there is a lack of laws governing a specific situation.
To speak with our Texas personal injury lawyers, call us today at (888) 493-1629. An initial consultation is free and we’re ready to answer your questions right now.