Do we need personal injury law?

Do we need personal injury law?

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Personal injury law is a legal recourse for anyone unjustly injured or otherwise wronged, a way to seek justice, a protection against the erosion of societal duty, a check-and-balance for the behavior of private citizens toward one another, a legal device to facilitate the evolution of social and moral norms of conduct.

Since the inception of the civil legal system, people have recognized these two aspects. Certainly, the intention of the system is justice and protection, while frivolous and careless use for personal gain is perversion of its purpose. Legislation has been passed at various points in our history in an effort to minimize the latter while preserving the former. Most recently, the stir over “predatory trial lawyers” lead to the passage of legislation to limit damages awarded and otherwise attempt to block efforts at system abuse.

The truth is that to some extent such abuses will always occur, and are part and parcel of a system such as ours. By putting the power of legal action into the hands of its citizens, the country gives immense power to those citizens, not all of whom will have pure motives. And yet, it seems clear that the benefits greatly outweigh the costs.

We find a similar situation with the First Amendment. Free speech is just that: free. This may include offensive, hateful, and divisive speech as well as calls for unity, celebration, contentious objection, and healthy protest. Similar to personal injury law, periodically some form of speech is called into question – flag burning, hate speech, etc – and dealt with in particular, but overall free speech remains free and we accept the consequences. It is ridiculous for most citizens to consider doing away with free speech in an attempt to eliminate the “abuses” to it – a better example of throwing out the baby with the bathwater would be difficult to find. In the same way, personal injury law, in its protection of personal rights and duties, opens the door for potential abuse of its own system. Shall we then do away with personal injury law?

For any citizen who has been treated unfairly or taken advantage of, or knows someone who has, the answer is obvious. For those of us who have been lucky enough to avoid such a situation, it takes only a moment to consider how we might feel in such a situation, and how we would use the legal options of personal injury law to seek justice.

If you or a loved one has suffered an injury, illness or death, that seems to have been someone else’s fault, call VanDerGinst Law at 1-866-843-7367. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. So please call right away to ensure that you do not waive your right to possible compensation.


The information contained on this website is presented by VanDerGinst Law P.C. It is not intended nor should it be construed as professional legal advice. The information is general in nature about the Firm, the scope of services we offer, and our community outreach, it is not legal advice. Please contact us by phone, email, mail, or via this website for inquiries. Contacting us does not create an attorney-client relationship. Please contact a personal injury attorney for a consultation regarding your situation. This website is not intended to solicit clients outside the State of Iowa and/or the State of Illinois.