Can we be accused of embracing a compensation culture?
Last year Tony Blair made a speech saying that we as a nation
have become obsessed with making the most of situations where
we might be able to make a compensation
claim. He told an eager listening audience that we simply
"cannot eliminate risks" and that sometimes "we have to accept
that no-one is to blame."
But when an accident isn't your fault and your case has been
taken through the courts with a successful outcome, can we
really say that us Brits have taken on the American savvy
compensation culture or are we claiming for injuries and damages
caused by accidents that should have been prevented?
Although some people claim we have begun watching more and
more adverts on television with sympathetic solicitors asking
us if we have been injured in a road
accident recently, in reality people have been suffering
from no-fault accidents for years.
The difference is that people in the new median are exposed
to all kinds of offers of help to make a compensation
claim. Before the so-called compensation culture arose
in Britain, people used to be more tight-lipped and acceptable
to accidents instead of pointing the finger at somebody who
may have been to blame.
A classic example of such stereotypical British behaviour
is featured in the 1985 box office hit, National Lampoons
European Vacation. In the film, Clark, played by actor Chevy
Chase, is driving his family through the various beautiful
cities in Europe when he accidentally hits a cyclist, played
by Eric Idle, with his estate car.
The cyclist has clearly suffered serious personal
injuries in the bicycle
accident but reassures Clark and his family that "It's
just a flesh wound" and makes polite conversation while just
about managing to stand in the street with blood dripping
from his cuts and grazes.
Obviously it seems absurd that this would happen in reality.
If you are involved in a road
accident that wasn't your fault, you are rightfully able
to make a car
accident injury claim against the person who would have
caused your personal
injuries.
In a positive sense, we as a culture have become more willing
in standing for our rights as individuals, who, as an employee
injured in an accident
at work or pedestrian knocked down by a speeding car,
are more likely to make a claim for personal
injury compensation.
Tony Blair spoke about how we should replace "the compensation
culture with a common sense culture", but for people making
a claim, whether it be for a taxi
accident or for whiplash
injury compensation, how can it be argued that somebody
use their common sense to avoid such an accident we risk facing
every day of our lives?
This argument was proved recently when a woman from Milton
Keynes tripped and fell on broken paving in the city centre.
Anne Mullane, 48, made an accident
claim after seriously injuring herself outside Abbey House
on Grafton Gate East in March 2003 and won a four-figure sum
in personal
injury compensation.
It was discovered that Milton Keynes council had carried
out an inspection on the paving slab just weeks before the
accident and recorded it as having a 'minor defect', yet did
nothing to remedy the problem.
Miss Mullane told reporters, "My life has changed quite a
bit, I used to walk quite a lot which I can't do now, and
gardening is something which I absolutely love but I cant
do that either.
"I think the pavements in Milton Keynes are an absolute disgrace."
The fact the Miss Mullane won her case in court, reinforces
the issue that she couldn't have avoided the accident. At
Milton Keynes County Court, Judge Tetlow, said the council
was 'closing its eyes' to the dangers of the paving slab and
that it was their negligence that resulted in Miss Mullane's
fall.
Obviously, not all cases are as straight forward as this.
Critics who oppose the notion of claiming compensation fear
that we are becoming fixated on trying to make money from,
as Mr Balir puts it "everyday accidents".
Although British people have been accused of taking on the
American compensation culture, it's difficult to imagine anyone
going as far as suing a coffee shop after spilling a hot drink
down themselves, or causing such fear to a businesses that
they put a sign in their shop window reading, 'Caution - there
is a glass pane in this door'.
Accidents do happen, some are trivial and some more serious.
But if your have been effected by any type of accident that
wasn't your fault, you have every right to make a compensation
claim for the unfortunate effect it has had on you life.
If people say that we are becoming a greedy culture, maybe,
just maybe they might take a different view if they themselves
suffer a serious
personal injury in an accident.
This article can be published on another website without
charge, as long as a link is given from the article to our
website, http://www.the-claim-solicitors.co.uk