Who Invented Personal Injury Law?

Personal Injury law permits individuals who are injured due to someone else’s negligent acts to seek compensation from those responsible. Common examples include car accidents, slip and fall incidents, medical malpractice claims, wrongful deaths claims and defamation lawsuits.

Twenty years ago, personal injury practices often involved cases involving car crashes or slips on sidewalks; lawyers would even regularly visit accident scenes to solicit victims for their cases.

History

Personal injury law dates back millennia. However, its current form was only fully realized during the 1970s when lawyers started advertising their services via television and print media. Below is an infographic by Kevin P. Landry that details its history as it has changed over time.

Ancient examples of personal injury laws focused on retribution. One such legal precedent, known as The Code of Hammurabi which reigned from 1792-1750 BC in Babylon and included “eye for an eye” rules stipulating that anyone who inflicted harm upon another must be punished accordingly, dates back more than 2 millennia BC.

Over time and as laws developed, retribution was gradually replaced with justice for all. England’s common law of the 1600s introduced the principle of res ipsa loquitur or “the thing itself speaks” as a basis for liability determination; meaning any incident that didn’t naturally happen must have been caused by someone, and any injured parties would be entitled to compensation from these wrongdoers.

With the development of science, technology, and industry came an increase in personal injury law. Due to automobiles increasing accidents and injuries that led to worker’s compensation laws and other areas of personal injury law that remain useful today.

Although legal professionals are sometimes perceived as being dishonest or disreputable, their profession is actually one of the most heavily regulated in society. Lawyers must maintain ethical standards and complete continuing education courses in order to keep their license active; contrary to popular perception, lawyers are among some of the best educated and most dedicated professionals – their work often having profound repercussions in people’s lives. It’s heartwarming when scenes such as these emerge when lawyers come together at sites of an airline crash or Bhopal to assist grieving families find justice and relief from injustice.

Donoghue vs. Stevenson

Law has been around for thousands of years, evolving over time from its ancient roots into what we recognize today. Many don’t realize that even seemingly basic things, like negligence and awarding damages, have an extensive background that dates back centuries.

In the 1800s, the Industrial Revolution caused a dramatic increase in working class injuries. Long hours, child labor, dangerous machinery and lax regulation resulted in thousands of fatalities and injuries annually – but at that time it was nearly impossible to win legal damages for these injuries.

At that time, most laws were governed by what are called “common law rules.” Common law rules are those made up by judges rather than being included as bills or laws in government documents, so their exact application varies from state to state. At that time, lawyers began filing frivolous lawsuits- an issue which still persists today but was much worse in the past.

However, in 1932 a case known as Donoghue vs. Stevenson revolutionized how personal injury claims were handled. Also known as the Paisley snail case due to Mrs. Donoghue becoming ill from drinking ginger beer from her bottle, this case established that manufacturers have an obligation to ensure their products are safe.

It established that noneconomic damages such as suffering and pain should be eligible for compensation, while also giving litigants a right to bring lawsuits in courts of law and permitting lawyers to advertise their services through newspapers and billboards. Before 1976, the American Bar Association (ABA) enforced stringent restrictions on how lawyers advertised their rates. But two Phoenix attorneys listed their fees in a newspaper advertisement which led to Bates Vs State Bar of Arizona litigation which eventually lifted all restrictions on advertising. As a result, attorneys could advertise their services more widely and attract a larger clientele, leading to more competition in personal injury law firms and increasing lawyers’ earnings since they now get paid a percentage of damages awarded against successful clients.

Jacoby & Meyers

Laws and legal systems have existed for centuries, yet personal injury law did not really gain momentum until the 1970s. Before then, it was more of a general form of law. One reason could be lawyers advertising their services. Two attorneys ran an advertisement listing their rates in 1976 in Phoenix newspaper which led the state bar association to argue this violation of ethics laws; however, courts eventually found in favor of these attorneys and allowed them to advertise.

It opened the way for large personal injury firms that have since emerged. Many of these legacy-brand firms provide valuable support to clients looking for assistance with their case; furthermore, their attorneys are knowledgeable of local court systems and can work quickly towards getting a case moving forward.

Personal injury law is founded upon the concept that negligent parties should be held liable for injuries they cause due to negligence. As it’s civil rather than criminal law, compensation claims can be brought to seek justice by plaintiffs rather than being prosecuted by governments like in criminal proceedings. One key principle behind personal injury law is known as “res ipsa loquitur”, meaning something unusual occurring is likely due to someone being negligent.

Prior to the 1970s, most personal injury suits were straightforward cases that required minimal research or preparation. With the rise of automobiles, more people were injured in accidents than before resulting in more lawsuits being filed and expanding laws of personal injury to cover more specific types of damages.

Frivolous lawsuits generated much debate; insurers and legislators asserted they cost taxpayers and consumers money while continuing to expand and prosper as legal services businesses. Yet legal profession continued growing more profitable.

It can be easy to mistake personal injury lawyers as being greedy and unscrupulous; but in truth they work tirelessly towards making this world better for all of us.

Advertising

Chances are, whether driving down any highway in America or sitting down to watch television, you have seen advertisements for personal injury lawyers. Ads showing lawyers in court or behind desks with large number spell out “call now” have greatly contributed to the increase of personal injury law as a practice area.

Personal injury law attorneys have always attempted to market their services ethically; one such ethical method being colonial times when attorneys were limited in how much they charged until 1908 when a court ruling removed that restriction, permitting lawyers to charge what the market demanded. More recently, social media has become part of everyday life and given attorneys another platform through which to advertise their services; yet this also reduced consumer privacy as information shared online was discoverable in legal matters.

As internet use increased during the late 2000s, legal professionals encountered new challenges. Online marketing grew increasingly competitive while growing numbers of allegations regarding frivolous lawsuits led insurers and legislators to claim these suits were costing taxpayers and consumers too much money.

As a response, the American Bar Association developed rules for attorney advertising in order to curb such frivolous claims. Now most attorneys abide by these regulations, though any good attorney should make sure their advertising campaigns remain consistent and ethical if they want their practice to remain well-respected; using consistent images, logos, sound bites and brand recognition tools will allow consumers to easily recall when needing legal help in an emergency – think software programs with clear visual branding such as logos which you recognize are integral components in building their personal injury brand! Thus creating consistent campaigns is essential when creating an identifiable personal injury brand!