A Brief History of a Personal Injury Specialty
Wrongful death actions can be as many and varied as the environments that make up today's world.
But, no matter the cause, the effect is almost always the same. Surviving family members are left in a
state of great conflict and confusion. Wrongful death is traumatic - emotion usually takes over logic and
people need professional assistance from an experienced personal injury attorney.
My Sacramento Region personal injury law firm specializes in providing the support and expertise needed
to successfully conclude a wrongful death claim. As an introduction to this specific area of law, I'd like
to examine some examples of cases to provide a bit of objective information for readers of this "wrongful death"
website. Having some perspective on wrongful death may help you consider your own situation or that of a
loved one, with more clarity.
Historical Perspective
Like a many legal principles, wrongful death law has its origins in Great Britain.
At the time, rail travel was in full bloom and trains carried cargo, passenger cars and "tender"
cars in no particular order. There was, at the time, a great deal of anger directed at railway
lines because of numerous accidents and wrongful deaths suffered by workers, accompanied by a general
lack of accountability from the railroad barons. If similar conditions existed today, personal injury
lawsuits and wrongful death claims would be rife. But, there was no such legal wrongful death remedy in
1841 when a train carrying passengers and products derailed the day before Christmas, killing 16 people
and seriously injuring dozens more.
The case was argued in front of a jury with survivors claiming the Great Western Railway had been
negligent in checking the condition of its rail line in Sonning, where mud and rocks slid down an
embankment and covered the tracks to a depth of three feet. Today, our personal injury firm employs
professional investigators who gather and document evidence in wrongful death cases. Industrial Age
lawyers had no reason to build a case since wrongful death was not recognized with compensation for
survivors.
The Sonning accident got the attention of Lord Campbell, a Member of Parliament who served on a
committee that represented many railway laborers. He introduced a bill that, in 1846, gave certain
family members the right to claim compensation in the event of a wrongful death. Needless to mention,
the powerful railway companies were none too happy with Lord Campbell.
High Profile Wrongful Death
Since then, personal injury lawyers have faced similar entrenched institutions in wrongful death cases.
Many people are familiar with high profile cases such as wrongful death claims filed against tobacco firms
or against airlines after mid-air crashes. In such prominent cases, both sides are represented by an army
of personal injury lawyers and, through negotiation, often arrive at a monetary settlement.
Of course, the most recent memorable, wrongful death case was brought to civil court in 1997 when
the families of Nicole Brown Simpson and Ron Goldman filed a wrongful death claim against O.J. Simpson
after the murder of their children. The court awarded them $33.5 million – a sum that mostly remains
outstanding. In similar circumstances, actor Robert Blake, who was also found “not guilty” of murdering
his wife Bonnie Bakley in 2001, was sued for wrongful death by her family. The court awarded $30 million
to the family in this wrongful death suit.
The Crandall Mine collapse outside Salt Lake City, Utah, also led to wrongful death claims after 9
men were killed – six of them left trapped thousands of feet below ground.
Although it's high profile cases such as these that get the public's attention, most wrongful
death lawsuits are highly personal and never make headlines. They are the result of negligence
on the part of an employer, an institution, government or individual that’s led to death. A personal
injury lawyer represents survivors who have lost the company and support of the deceased.
Personal Injury Attorneys Bring Expertise
Today, the surviving family is much more broadly defined than it was in the historic wrongful death
law introduced by Lord Chandler, although sections of his legislation have been adopted worldwide.
It allows personal injury lawyers to represent family members in a wrongful death claim and seek
compensation for personal loss and financial support where applicable. A parent of the deceased may
receive compensation for loss of companionship, but not support in a wrongful death case.
A knowledgeable and compassionate personal injury lawyer is able to help and advise families who
have experienced a wrongful death. If you or someone you know are suffering though a difficult experience
related to wrongful death, please, call me and I will personally discuss your case with you. We have
offices in Sacramento, Roseville, Yuba City and Modesto to conveniently serve you.
Free consultation: 1-877-TSG-LAW3
24 hours
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