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The Future of 2021 Personal Injury Litigation: Part I

Aside from bringing us a global pandemic, the year 2020 has brought a foreshadowing of 2021 when it comes to the most important legal trends expected in the area of personal injury law. One critically important lesson the global pandemic has taught us is that while there are some things that are out of our control, there are still some things that are within our control. Below are some trends projected for 2021 based on how 2020 went, according to Law.com.

  • Reasonable person standard: Courts will likely hyperfocus on the reasonable person standard, in light of the COVID-19 pandemic. The question will become: Was it reasonable for a person living in an area in the U.S. where total or partial lockdowns were in effect to gather with family for the holidays (or any other event)? Indeed, courts will need to assess injuries suffered due to pandemic behavior that may be considered questionable. This evaluation will remain through 2021 since the pandemic is far from over. As COVID-19 continues to affect our lives, and people become less and less compliant, this will become a central issue in personal injury cases. 
  • Increase in personal injury cases: According to Law.com, the market for personal injury law is just short of $40 billion. Experts had previously predicted a one percent growth annually in this area of the law, however, the pandemic has changed this forecast. Moreover, experts have been predicting an uptick in joint liability cases, which have increased in popularity since 2015, in major part, because they can result in much larger settlements. This upward trend is expected to continue in 2021.
  • Ridesharing has changed: It is unknown what ridesharing will look like in the next five years or so. There has been, however, significant changes in the industry since 2020 that will affect personal injury law. Attorneys may be able to sub-specialize in ridesharing law, which includes autonomous vehicles. Lawyers and firms that closely track legislation in their respective jurisdictions will be able to capture clients early. 
  • Increased competition: Competition in the legal industry, or in any industry for that matter, is nothing new. Currently there are about 93,000 personal injury lawyers in America, which accounts for 6% of all attorneys in the country. Growth in a particular legal area creates new competition, and it has become easier than ever to open up a practice in 2021 due to the increased use of technology. Those who want to rise to the top need to stand out from the growing crowd of personal injury attorneys and firms. 

We are Courtroom Proven


If you are hurt in a Nevada accident, contact the courtroom proven personal injury attorneys at H&P Law who can help you understand your rights and obligations. We will fight to seek the compensation you deserve. Contact our Henderson or Las Vegas office today to speak with a lawyer.

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