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The Legal Week.co.uk

BLOG: The compensation culture

Posted by Legal Week Administrator on June 11, 2007 4:30 PM | 

We seem to read a lot nowadays about "the compensation culture", so much so that the phrase has come to mean dishonesty or scrounging.

One way in which it has been publicised is in relation to the limitations it is said to impose on our freedom. Everyone has a story about some ridiculous decision which has been forced on us, it is said, by the threat that someone will sue.

There are two aspects of the compensation culture criticism which I disagree with.

First, the suggestion that all claimants are dishonest or lazy is quite frankly ridiculous. Secondly, the accusation that it is personal injury lawyers who are restricting our freedom to behave sensibly is equally absurd.

I feel strongly that it's time someone stood up for the hundreds of thousands of genuine, honest people in this country who have suffered injury because of the carelessness of another person or organisation, and who have then sued to recover compensation.

I dare say that most people reading this site either know, or know of, someone who has been injured in a way that has affected their life, and possibly the lives of others.

My mind is full of examples of claimants whom I've met over the years, who are decent, honest people, struggling to do their best to cope with the ruination of their lives caused by the carelessness of someone else. Of course we all hear stories about dishonest claimants who pretend to be disabled when they are perfectly fit - they appear in the papers frequently. But spare a thought for all the others, whose lives are turned upside down.

The way in which the law is said to limit our freedom to behave sensibly is usually a result of people in authority not behaving sensibly. Personal injury law is not often an ass - it mostly depends on the notion that, if you are injured by someone's carelessness, you should receive compensation. There are very few true accidents, ie injury caused without someone having been careless.

Which brings me to another point - and it is here that I am at odds with this one-sided criticism against claimants. Why don't we hear more from politicians about the appalling way in which some grievously injured people are treated by the system? For example, catastrophically injured people left by the State to manage on their own, because resources are insufficient.

There are usually two sides to every story. Why are we only hearing one?

BILL BRAITHWATE QC

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Comments (1)

Ian J wrote...

Sir, As a person currently making one of these "outrageous" claims for compensation , could I ask that members of the legal profession consider visiting the "scene of the crime". Yesterday I spent over three hours getting an opinion, much of this time was wasted explaining VERY Basic fundamentals of my job, and left still believing neither the solicitor or barrister had grasped those basics.

Had this interview been conducted in part or as a whole on site,then I'm sure a) That the interview would have been more productive and shorter, b)I'd have more confidence in the opinion given. (which I don't have)

As an an example I was trying to describe the operation of a particular type of forklift truck, I resorted to analogy in the end, describing the steering as similar to a jet ski, the response was "I've never driven one of those", surely he must have seen film of one!!!!!.

No as a claimant, I feel I'm merely a piece of merchandise on a production line, solely there to provide employment for others. deemed incapable of thought or opinion.

I left the interview with a low opinion of the whole profession and the system.

Posted by: Ian J  | October 16, 2007 2:59 PM

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