Abstract

This research paper, titled The Inadequacy of Legal Frameworks in Personal Injury and Insurance Law, provides a critical examination of the existing legal structures governing personal injury claims and their interaction with insurance systems. Although significant improvements have been noticed in personal injury law, the present structures are ineffective to address the problems and realities of modern injury cases, particularly when compensation for pain and suffering, liability standards, and the influence of insurance companies on legal results are considered. This study presents a novel scope in examining how cognitive psychology impacts tort law, for the most part, left out of previous research. The psychological viewpoints that include integrating emotional factors on victims' experiences and judicial outcome forms the intention of this paper. It examines the ability of insurers to influence legislation relevant to the tort system. It concludes that, if account is taken of all these areas, insurance has been of vital importance to the law of tort. It identifies critical research gaps, including a lack of empirical data on jury awards and an incomplete understanding of non-economic damages across jurisdictions. Finally, it concludes with an advocacy for wholesale legal reform to place victim rights at the forefront and equitable compensation mechanisms to correct systemic inadequacies in personal injury and insurance law.

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