Wrongful conduct underlies the spirit of personal injury laws and is the common thread that binds all kinds of accidents and incidents that cause personal injury and harm. Whether the injuries are due to road accidents, slip, fall, medical malpractice, or assault, wrongful conduct is the cause of injuries and damages. Personal injury lawsuits are civil lawsuits that are different from criminal lawsuits because the government does not have any role in them.
In criminal lawsuits, the government prosecutes the defendant, but for personal injury lawsuits, the plaintiff files a lawsuit to claim compensation for the injuries and harm. Also known as ‘tort’ laws, personal injury laws establish the right of the victims to seek legal remedy in the form of financial compensation.
The foundation of personal injury laws
The doctrine of negligence provides the foundation for the personal injury laws. The laws thrive on the premise that every member of society should act responsibly and avoid situations that can put others at risk. Only when everyone acts responsibly that they can avoid being negligent, leading to situations that harm others. However, it does not mean that negligence is the sole cause of someone getting hurt. A careful analysis of the situation and circumstances that led to the incident should help to establish negligence. Based on the ground realities, the doctrine recognizes that despite the best efforts, some accidents are unavoidable. The onus is on the plaintiff to establish liability by showing that had a reasonably prudent person been in the defendant’s place. Then they would have acted differently in the given circumstances.