Personal injury law is a type of tort law that permits those injured to seek compensation for their losses. This could include medical expenses, lost wages and emotional distress.
Personal injury cases can be intricate, depending on a variety of factors. To effectively navigate this area of law, it’s essential to comprehend its fundamentals and what steps typically occur during a case.
The Industrial Revolution
The Industrial Revolution marked a monumental juncture in human history. It revolutionized how people lived, worked, and communicated – ultimately improving the standard of living for millions around the globe.
The initial major shift occurred when people moved from farms to factories for work instead of staying at home. This created more employment opportunities and higher wages for employees.
Unfortunately, working conditions in many factories could be hazardous. This led to burns, cuts, and other injuries which caused intense pain and suffering for those affected.
Eventually, workers started seeking compensation for their injuries. This spawned personal injury laws to safeguard employees against employers.
Furthermore, governments needed to regulate factories in order to safeguard workers and guarantee their safety. Factory conditions often had hazardous machinery and lax safety regulations.
Around this time, people began to understand the dangers of factory jobs and how often they injured workers. This spurred many activists to call for reform.
These reforms were mainly spearheaded by labor groups and journalists who noticed factory workers weren’t getting paid fairly for their work. Furthermore, they were often required to work long hours under hazardous conditions which resulted in serious injuries or deaths.
Factory owners fought against these reforms as they feared it would slow down production and government intervention into their business operations. Furthermore, they did not appreciate government interfering and regulating it.
At that time, many workers died due to workplace accidents due to a lack of injury compensation.
This was a pressing matter and caused great concern for the public. It was essential for people to become educated on these problems and take steps towards making changes in their lives.
The Industrial Revolution marked a great advancement for mankind, yet there were some challenges along the way. These included an increase in workers and lack of insurance – leading to many issues within factories and making it hard for people to obtain coverage.
Donoghue v. Stevenson
If you are a student of law, or if you have ever read or heard about a case that has an impact on personal injury laws, chances are you have come across the famous Donoghue v. Stevenson case (also known as the ‘Paisley snail in the bottle’ case). This was a landmark case that established two important legal principles: First, that a manufacturer of a product must not make a defective product so as to harm those who would be expected to consume it in its ordinary course of use; and secondly, that manufacturers owe duties of care to all foreseeable consumers.
In 1928, May Donoghue drank a ginger beer that was purchased from a cafe in Paisley, Scotland. It was a dark opaque glass bottle that was sealed with a metal cap and had the Stevenson label on it. During the consumption of the drink, she noticed a decomposed snail at the bottom of the bottle.
Donoghue then sought to sue Stevenson, the manufacturer of the ginger beer, for her injuries arising from the incident. She argued that Stevenson owed her a duty of care and breached this duty by not ensuring the safety of his product. She claimed damages of PS500 for shock and gastroenteritis resulting from the incident.
The House of Lords considered the claim and decided that Stevenson did owe her a duty of care. They also held that he breached this duty because it was reasonably foreseeable that failure to ensure the safety of his product would cause damage to his customers.
The House of Lords decided that manufacturers of products owed a duty of care to all foreseeable consumers, including those who did not purchase their products from the manufacturer directly. The decision was a major step in establishing tort as a separate area of law from contract. The decision overturned Winterbottom v Wright, which held that a person had to prove that they had been harmed directly by a defendant before they could bring an action against them. This resulted in the creation of a new form of tort called ‘negligence’, which aimed to protect consumers against negligent manufacturers.
Jacoby & Meyers
In the 1960s, Leonard Jacoby and Stephen Meyers founded a partnership that revolutionized low-cost legal services for middle class clients. They opened storefront offices in malls, including Montgomery Ward stores, as well as advertising their services on television broadcasts.
By the 1980s, Jacoby & Meyers had grown rapidly, with 150 offices in six states. It gained notoriety for its low-cost advertising – often referred to as “Kmart of the legal profession”.
Though some of the ads weren’t as successful as others, they did make a lasting impact on personal injury law and helped set an example that law firms could advertise. Jacoby & Meyers was even the first firm to utilize TV commercials for marketing their personal injury practice.
The firm’s advertising campaign became so successful that it earned itself the nickname “Kmart of the legal profession,” revolutionizing how lawyers practiced their craft. Its ads featured a cheerful lawyer promising top quality service at an affordable price.
Jacoby & Meyers offered low-cost legal services as well as a number of additional services at an additional charge, such as its legal network which connected independent attorneys and provided them with advertising support. This enabled the firm to extend its reach to over 300 lawyers nationwide.
Today, Jacoby & Meyers remains a major law firm with a national presence in personal injury and bankruptcy cases. In 2010, reports indicated the firm had paid out over $90 million in settlements and verdicts to victims of personal injuries.
According to the firm’s website, personal injury cases involve accidents caused by someone else’s negligence. Examples include slip-and-falls, construction site safety violations and defective medical devices.
Personal injury attorneys frequently face a myriad of challenges, such as obtaining necessary medical records, gathering evidence, negotiating settlements and fighting lawsuits. While some more serious cases are resolved amicably, others go to trial; unfortunately, many of these outcomes result in permanent life-altering damages for the victims.
Advertising
Advertising is a form of marketing that motivates people to purchase something – be it a product, service or brand. This can be done through various media such as print, broadcast, online and digital ads; it could also involve promotional campaigns or events.
Paid marketing can be an effective tool to raise brand awareness, boost sales and foster loyalty with customers. However, its effectiveness depends on the advertiser’s objectives.
Advertising has grown into a vast industry that encompasses all forms of paid communication. This encompasses bus shelters, search engines and Instagram influencers alike.
Mass media’s growth has been a significant factor in the evolution of advertising. It has provided advertisers with access to an expansive audience, enabling them to reach people around the globe.
Ads have evolved into a multi-billion dollar industry and continue to expand. In many countries, advertising is the main source of income for media organizations (i.e. newspapers, magazines and TV stations).
Although it can be a lucrative industry, those unfamiliar with it should exercise caution. Not only are people exposed to misleading advertisements and misled into thinking there are benefits, but it may also poison public opinion and lead jurors to deny compensation to injured victims.
One of the most effective types of personal injury law firm advertising is Google search ads, which appear when someone searches for keywords related to your practice. The more targeted and specific your paid search ads are, the higher quality clicks they’ll generate – leading to more leads and clients.
Personal injury lawyers frequently employ pay-per-click marketing (PPC). This involves using ad networks that enable them to target specific keyword phrases and display relevant ads whenever someone searches for those terms.
Though ads can be an effective marketing tool, they should not be your sole strategy for promotion of your law firm. Other strategies, such as having a robust social media presence, are essential for helping your business develop and flourish.