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The Compensation Culture Myth

View profile for Stuart Andrews
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I am indebted to Gordon Exall and his recent blog reviewing the Secret Barrister’s second book “Fake Law”.

Gordon observes that the book looks at many of the misconceptions surrounding the legal system including the way in which the “compensation culture” myth has developed.

At the same time, the book concedes the part that the legal profession has played in this.

Without doubt, there have been numerous claims management companies and law firms who have wilfully ignored the red flags raised by certain prospective clients making enquiries about bringing claims.

This seems to have been particularly prevalent in road traffic accidents.  However, recently I also read with interest another one of Gordon’s blogs relating to the case of Pile v Chief Constable of Merseyside Police in which the Claimant was unsuccessful in their Appeal to “Establish the liberty of inebriated English subjects to be allowed to lie undisturbed in their own vomit soaked clothing”!  The Claimant had complained that whilst in police custody, female officers had removed her outer clothing and provided her with dry clothing whilst she was intoxicated”.

It is incumbent upon solicitors acting for Claimants to not pursue claims which clearly lack any merit and to carry out due diligence in relation to any enquiry where red flags are raised.  In particular, we must play our part in removing fraudulent claims from the system.

At Bell Lax, we have stringent checks and balances in place and risk assessments designed to identify potentially fraudulent claims from the outset. 

We will not act for any potential client where the assessment leads us to conclude that there is a sufficient degree of probability that fraud may be in play.

We recognise that genuine Claimants who have sustained genuine injuries and losses usually experience substantial changes to their lives.  We are dedicated to helping injured people get their lives back on track and to ensure that they are provided for in the future.

In appropriate cases, this involves putting in place case management and rehabilitation which ensures that the injured person’s needs are identified and dealt with.  It is important to note that injured people in this position often, despite our best efforts, do not fully regain their independence.  Sometimes they are unable to return to work or have to change their career paths.

Whilst we fight to secure fair and just compensation for our clients, as the Secret Barrister points out in their latest book, no figure can be considered a “win”.  Any Claimant would trade any sum of money to have not been injured and to be able to get their life back.

If you or someone you care about has sustained an injury as a result of an accident or clinical negligence, please feel free to contact one of our specialist lawyers for a free no obligation discussion on 0121 355 0011.