Victim-Friendliness of the Personal Injury Law in Sri Lanka: A Critical Analysis

Abstract

A legal regime which is insensitive to socio-economic impact of its application on the community over the time, is not sustained. Such laws are abrogated by the society by ignoring them. Personal injury law is also facing the same problem in Sri Lanka, even though the laws applied are multifaceted in nature. The main argument which is brought against this calamity is that it is not victim-friendly due to several reasons. In fact, victim-friendliness is not a standard in law. Finding a legal definition to recognise the elements of victim- friendliness is problematic. However, it is understood that ‘user-friendliness’ is similar to the concept of victim-friendliness in context. It is further examined that the concept is evolving in the area of Criminal law. The blow-out is apparent in South African countries and India in view of victim’s right to access to justice. Using the main features of a user friendly regime, New Zealand has introduced a new legal model to govern personal injury victims. This study examines whether the same concept can be used to enhance the rights of the victims of personal injury, for obtaining an adequate compensation in Sri Lanka, in comparative perspective with New Zealand.