Have you ever wondered why precedents can be helpful for your personal injury case? It’s always best to speak with an experienced attorney. Contact Malloy Law Offices, LLC today!
Precedents are often discussed when deciding the resolution of a case. A precedent is a legal rule used to decide legal judgement. This can be an earlier event or action that may have the same effect for multiple circumstances. Oftentimes, this would be a court decision from an earlier case with facts and legal issues similar to a dispute that is currently being dealt with. Judges will generally follow precedent. They use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues.
A judge can disregard precedent if only one side can show that the earlier case was wrongly decided or rightly decided or that it is significantly different from the current case. An easy way to describe this term is evidence for or against your case depending on the issue. It’s important that attorneys know precedent cases because it may help them prove their side through a similar case. That’s why it’s important to talk to a lawyer who is knowledgeable and logical.
A great example of precedents is the District of Columbia V. Heller case. The precedent set for this lawsuit is that the second amendment protects everyone’s rights to bear arms. Dick Heller, a Washington D.C resident, filed an application for a license to possess a handgun. He was denied and challenged Washington D.C’s gun control laws. In 2008, the supreme court ruled his favor and argued that the second amendment gave every citizen’s rights to own guns outside of military service.
Hiring a lawyer can also improve your chances at higher compensation because they may be able to plead your side using precedent cases. Start with discussing your claim with a lawyer. They may also be able to guide you in the right direction. Here at Malloy Law Offices, LLC, our attorneys go over precedents when ever a personal injury case goes to trial. However, a very small percentage of personal injury claims go to court. To see more on how our lawyers handles these events, click here. Call (888) 607-8690 for a free consultation.