How are Personal Injury Laws Created?

Many personal injury statutes, including the personal injury santa ana handled, are based on outdated common law principles. Laws made by judges are referred to as common law as opposed to laws made by legislatures or enacted through bills and statutes.

When a judge hears a case and renders a decision, her ruling on the relevant legal question becomes a binding precedent for all state courts that are lower than the deciding judge’s court. As a result of all of these subsequent courts having to follow the original judge’s ruling, a body of “common law” gradually develops.

The laws governing personal injury law might not be consistent across the nation because common law can and does vary from state to state. Many states use the Restatement of Torts, a form of the rulebook that summarizes the laws, for help on personal injury cases because it contains a substantial amount of the common law.

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