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Putting personal responsibility into compensation claims

Comment 5th July 2010

To put some dicipline into 'No win – no fee' compensation claims, the degree to which the claimant was responsible for an injury should be considered. If a claimant does carry a portion of the blame then both the compensation award AND their lawyers fees are reduced by that proportion.

This will deter lawyers from pursuing claims where the actions of the claimant are outside of what responsible and careful members of the public would expect.

Legal costs should not exceed the compensation award by more than a pre-determined percentage. A government body should determine this percentage.

Why does this matter?

There are too many 'silly' compensation awards that seem to reward people for their stupidity and thus further encourag the compensation culture.

The legal costs to public bodies and industry are rising rapidly and this needs control.

50 years ago, claims were few and far between (except for serious accidents) and the public as a consequence were less risk averse.

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