Many have pondered over where the American compensation culture has really and truly bled over to us here in the UK. Some say the introduction of the no win no fee agreement, has encouraged those that would have usually put the accident down to 'fate' or 'bad luck' to pursue things further. Capable now of hiring a solicitor there is a whole new demographic being represented in the legal arena and this introduction has ruffled a few feathers.
On the one hand it could be because the legal sector is one that was once dominated by the rich and affluent and on some secret level those 'old hats' want it to remain that way. Then again it could simply be that the thought that there are people out there happy to siphon money from others; be them an institution or an individual, over matters that should have had a plaster put over them and not a compensation claim with signs all over it.
Whose opinion counts?
One legal expert; Mr Franks said that the figures appeared to have been constructed and posted in a desperate "attempt to drum up a moral panic about compensation". Frank's felt that there needed to be tighter regulations when it came to the local authorities and their policies for paying out compensation claims. His specificity may have arisen from the fact that there has been new data published about the amounts that have been paid out by some 22 councils in relation to their school-ground pay-outs.
Rhonda Cynon Taf was found to the local authority that paid out the most with a whopping 294,072 on their compensation tab. Of the 22 schools, nineteen responded and of these it was highlighted that one claim alone rustled up legal bills of 41,857. It is when you start to look closer at these incidents that perhaps things are brought more into perspective; that said the same information has the ability to ponder on perhaps the failing of those found culpable.
What are the charges?
One of the compensation claims brought to the attention of a personal injury lawyer involved a child slipping on a piece of carrot in the dining room. In another incident a child was injured falling over in the play ground whilst in a fight with another pupil, the school was ordered to pay compensation. Frank's continued along the vein o hid hypothesis stating that the "level of pay outs in compensation and legal costs is perhaps a reflection of the arrival of no-win, no-fee lawyers".
He made the link between the supposed compensation culture that appears to reside in the USA and what is currently happening on our shores. He commented that "in the United States, claiming compensation is so much part of the culture" that personal injury lawyers are earning wages that are on a par with superstars. He continued commenting that the "trait has clearly spread to the UK" however was careful to emphasise that he did "believe people who suffer serious injury, whether in school or elsewhere, because of negligence should be compensated".
Onome has more articles pertaining to compensation claims and other legal related articles.
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