Does the Compensation Culture Exist?
The simple answer to this question is no.
The Department of Work and Pensions have claimed that a “damaging compensation culture is stifling innovation and growth”. It is suggested that too many workers are ready to claim compensation but in fact work place claims have halved in the last 10 years, as shown by Government figures.
Despite this, it is getting harder for workers to make claims for compensation after they are injured or made ill because of the negligence of their employer. This is because of a change the law in relation to the proof a claimant has to supply, which is in favour of the employer. Even those who win will now be affected by additional costs. In the past, all costs of bringing a claim were met by the wrongdoer. Now a significant part of the costs will, unfortunately, be borne by the victim.
Many people think it is possible to sue for compensation whenever there is an accidental mishap and that damages are “dished out” automatically by the courts. This is not the case. For a claim to be successful, the injured party has to prove that the other party is at fault and that it must have been possible to see that the actions taken could well result in an injury, and this is getting harder.
It has been suggested that lawyers often “drag out” cases unnecessarily to keep their costs up. This is incorrect, as we have a professional duty to act in the best interests of our clients. Because of the recent changes in the law, most personal injury cases now go through a new claims procedure in which the legal costs that can be incurred by the victim are fixed and lawyers have absolutely nothing to gain by “dragging” a case out.
How can we help?
If you think you have had an accident, for which you are not responsible, you need somebody who will give serious consideration to all the circumstances behind your injury and be able to advise you fully on what you can claim and the best way of proceeding. The sooner that advice is obtained, the more successful the claim is likely to be, and the earlier consideration can be given to rehabilitation, not just to enable you to return to employment as soon as possible, but to assist you in making a more complete recovery.
Why choose Johnson & Gaunt?
Do not let the suggestions of a compensation culture prevent you from taking advice if you have any doubts at all with regards to who is responsible for your injuries.