We regularly hear reference to the so called “compensation culture”. The Prime Minister was but one of many to use the term when he referred to “a damaging compensation culture” in his foreword to Lord Young’s report “Common Sense, Common Safety” published last autumn. The insurance industry is also quick to jump on this particular bandwagon regularly painting a picture of undeserving personal injury claimants exploiting the system.

However when detailed studies have been carried out they have not supported the suggestion that there has been a significant rise in the number of compensation claims in recent years and have cast doubt on the question as to whether the perception of a “compensation culture” is justified. The issue would be of less concern were it not for the fact that the noise created by critics of a “compensation culture” threatens to prevent the public from appreciating the very real dangers of measures being introduced that contribute to the erosion of access to justice. Lord Jackson’s proposed reforms and changes to the Legal Aid system threaten to seriously restrict the chances of ordinary individuals securing justice.

It is worth taking note of who the noisiest critics are of the supposed “compensation culture”. Both the government and the insurance industry have an interest in discouraging injury claims. The insurance industry is understandably keen to restrict compensation claims in order to maximise profit. The government presides over a health system that places ever heavier burdens on clinicians and where mistakes are made. The chances of the problems in the health system that lead to medical accidents being addressed can only be diminished by changes that restrict victims’ prospects of securing appropriate redress.

My work leads to me being involved on a daily basis with clients who themselves or whose loved ones have suffered injury. Frequently these are very serious injuries that have had a devastating impact on the lives of the injured person and their families.  The devotion shown by the families in caring for their loved ones is at times quite humbling.  Huge efforts may be needed to secure appropriate care, therapy, education and accommodation for the injured person.

I believe that too little attention is paid to the voices of the victims of accidents and that it is vital that the slow drip of negative publicity about the supposed “compensation culture” does not persuade the public and politicians to stand back while fundamental inroads are made into victims’ access to justice.

By John Lingwood

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