Personal injury law is one of the more unique avenues of the legal system. While there are laws that have to be abided by, decisions are often made by a case’s arguments and conditions. According to the personal injury attorneys at MacVean, Lewis, Sherwin & McDermott, P.C. in Middletown, NY, it’s important to understand the difference when approaching a case. There are certain points to leverage and rules to follow that can significantly impact the outcome.

3 Ways Personal Injury Law Is Unique

1. How Laws Are Made

The most unique feature of personal injury law is that it’s based on common law. Whereas most laws are made in state and federal legislature, courtroom judges have defined personal injury law based on decisions passed down from case to case. When a judge makes a decision in a personal injury case, it must adhere to rules set by the “higher” courts of the state. This can make laws vary depending on where you are, but it also means individualized defense options are available for your personal injury attorney.

2. Statute of Limitations

Personal injury claims are required to be filed by a deadline, and the deadline varies between states. In most cases, time begins running from the date of the incident. Once the legal clock begins, a claim must be filed by the state-decided deadline. If you miss the deadline, it’s likely you’ll lose your legal right to file a claim — so don’t wait on hiring a personal injury attorney.

3. Settlements & Rulings

Many parties can be responsible in personal injury cases. Though one individual, such as a foreman, can be to blame, responsibility may be passed to employer corporate offices and even insurance companies. Because of this, rulings may play out many ways, including out-of-court settlements that bypass the law in order to create a simpler conclusion for all parties. This again makes each case unique and accommodates different prosecution strategies.

If you feel you have a case, contact a personal injury attorney at MacVean, Lewis, Sherwin & McDermott, P.C. immediately. They’ll work with you on a personalized, detail-oriented level throughout the process to achieve the best possible outcome. To schedule a consultation, call (845) 343-3000, and visit their website and Facebook page to learn more about their employment law and corporate law services.