Accidents of daily life and the right to receive compensation

Or how the tort theory is what it is and not what the injured person wants it to be

Abstract

The present work exposes a series of assumptions, the most common, but not all, related to the damages produced in certain accidents; they are not all that daily life can raise, although they all respond and, what is more important, they are resolved in the same way: with the general theory of civil liability, which we do not intend to question, or even discover, but yes delimit in the light of recent jurisprudence, because even when in certain scenarios the message of «claiming that something will be given to you» in allusion to the compensation that can be obtained has permeated, the truth is that compensation never falls from the sky; that without counting the misfortune of having suffered an accident and being injured. However, even in these cases a series of assumptions must always be met that must be proven before the courts of justice. Therefore, the burden of proof is fundamental and when initiating any lawsuit, the evidence we have and the possibility of being ordered to pay costs should be calibrated in the event of a hypothetical dismissal of the claim. This, which is so obvious in the legal field, is sometimes not so, sometimes because any small mishap is exploited with the intention of obtaining financial gain, and others because even having suffered significant damage, there is no element of guilt and it is that accidents simply exist and responsibilities cannot always be attributed. That is what we are dealing with in this paper, which tries to offer a clear and direct vision of how things are in court.