Law has existed since ancient times when it more closely resembled a moral code. As legal systems developed, personal injury law did not make it to the big stage until around the 20th century.
Even in the early 1900s, personal injury cases weren’t all that frequent. It wasn’t until the 1970s, when lawyers began advertising, that personal injury law took off and became what it is today. But, what did it look like before then?
Biblical Times
Long before legal talk was in the mind of people, “an eye for an eye” was the leading principle of law. During biblical times, roughly 10,000 – 400 B.C., those who were responsible for causing harm to others were expected to repay by offering exactly what was taken. However, over time, people decided that the principle was a bit cruel and unusual.
The Greeks and Romans
The beginning of lawyers truly begins in the times of Greek Philosophers and the Roman Empire. During this time, plaintiffs in a case were allowed to bring a partner with them to trial. At first, this partner was just a person that might have shown that the plaintiff was of good judgment and morals. However, as people grew wiser, plaintiffs began bringing partners to trial who had knowledge of the legal system. This practice went on for many years, until the law that bound legal partners from being paid was lifted. At this time, the practice of lawyers began to expand rapidly.
Res Ipsa Loquitur
Personal injury and negligence law continued to develop over time. One important doctrine, res ipsa loquitur, meaning “the thing speaks for itself,” became associated with the landmark 1863 English case Byrne v. Boadle. The doctrine allows negligence to be inferred from circumstantial evidence in certain cases where the type of accident ordinarily would not occur without negligence. Today, res ipsa loquitur remains a recognized principle of tort law, although specific requirements must be satisfied before it applies.
Negligence
Personal injury law was not in the limelight until the 1930s. In 1932, Donoghue vs. Stevenson brought negligence to the public’s attention. Stevenson was a manufacturer of ginger beer. Mrs. Donoghue consumed half a bottle of the ginger beer and then poured the rest in a clear glass when she saw the decomposed remains of a snail. She then claimed that this caused her shock and gastroenteritis. Because of this, she issued proceedings against Stevenson. This was the first case where negligence, or failure to take proper care in doing something, came to the attention of the public eye.
Advertising
Personal injury lawyers began to advertise themselves in the 1970s. The first law firm to do so, in something other than the yellow pages, was Jacoby & Meyers in 1979. They decided it was a good idea to get an advertisement on T.V. The idea stuck, and personal injury law is now one of the largest areas of practice in the United States. Today, there are more than 100,000 licensed personal injury lawyers in the nation, totaling around 7% of all lawyers.
