Thursday, April 24, 2014

Who Makes Personal Injury Laws?


Many personal injury laws date back to old "common law rules." Common law refers to law made by judges, as opposed to laws made by legislatures or passed in bills and statutes.

When a judge hears a case, his decision on that issue of law becomes a binding precedent on all other courts in the state that are "lower" than his court. These other courts then have to apply what the first judge said, and eventually, all of this creates a body of "common law."

Common law can differ from state to state, so the rules for personal injury law may not be the same in all states.

Common law is not the only source of personal injury law. Some legislatures have passed legislation or law that touches on personal injury issues. One example of this would be Workman's compensation laws where legislators took all cases of work-related injuries and removed them from personal injury law and made workman's compensation the way injuries resulting at a place of employment were handle, except under very limited circumstance.

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