Newspapers and online sources have been accused of incorrectly portraying Britain as a society that is becoming increasingly obsessed with compensation. The accusation has been made by Lord Dyson, Master of the Rolls, who in a recent speech explained “compensation culture” as the reliance on the idea that all accidents have a guilty party, and that where there is a guilty party there is an opportunity to claim compensation.
Lord Dyson went on to suggest that our culture has become less tolerant, as people seem to take legal action at any opportunity. Lord Dyson did however note that there is are problems with the media’s portrayal of a “compensation culture”, as there has not in fact been a significant rise in personal injury compensation claims since 2000.
Lord Dyson pointed out the inaccuracies in the media reports of the McDonald’s coffee lawsuit in America, as well as a similar case in Britain which failed at Court. The lack of success in the British case prompted Lord Dyson to argue that if it were true that we were a society in the midst of a compensation obsession, then the case surely would not have failed.
The comparison in the two cases led Lord Dyson to compare the legal attitude in the UK and the USA. In the USA, compensation culture seems to have taken a grip far firmer than in the UK. Lord Dyson claimed that if the media was to report the actual state of affairs they would in fact be reporting that our legal institution is resistant to easy and frivolous compensation cases – but then again articles written from this angle would not be so interesting.
In reality our laws would have to change dramatically to allow such a “compensation culture” society to develop, as our law requires fault and judges apply the law rigorously.
Lord Dyson claimed that despite it being clear that we are not a society in the grips of a compensation obsession, more may need to be done to convince the public otherwise, especially with the prominence and power of media reports.
Clearly this is a hotly debated issue, but whether or not we are in such a society, individuals who have been injured as a result of a mistake on another’s part are fully entitled to claim compensation for the loss or damages they have received.
How Nelsons Can Help
No win, no fee agreements are something we are able to offer to our clients. We have a team of highly experienced solicitors on hand to help you if you have been a victim of an accident.
If you have any questions in relation to the topics discussed in this article, please contact our expert Personal Injury team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form.