There are plenty of people who slander the victims of personal injury and say that there is lack of “personal responsibility” when the injured seek compensation for the work injury, motor accident, medical negligence or public liability injuries. They call themselves tort reformers. Torts is the branch of law that deals with personal injury claims. I will write another time of the actual law that personal injury compensation is decided on.
The funny thing is that people who call for ‘personal responsibility’ are really saying that if you are injured you must cop it and the person responsible and their insurer should get off Scot-free.
However when the tort reformists or their families are injured they are shocked that they cannot get fair compensation. In the US the same people who called the victims of personal injury ‘bludgers’ bleat like sheep when they suffer an injury. The NY Personal Injury Law Blog gives a great example where a doctor who supported law to stop medical negligence claims lost his mum due to an undiagnosed bowel obstruction during a knee operation.
Don’t be fooled. Personal injury compensation law grew up over 200 years to right wrongs. Unfortunately the insurers were able to influence public opinion and lawmakers overnight to overthrow a system that was built carefully to replace it with an unfair and hard to understand mish mash of blah that makes compensation a mystery. Why does an injury in a motor accident in one state give you completely different levels of compensation when it happens in another state? Why does a work injury pay less than an identical injury caused by medical negligence?
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