Welcome to 100% Compensation

Many people in Britain are concerned about the growing compensation culture in the country, as television stations constantly air commercials by injury lawyers.

However, for many people litigation was unreachable due to the cost and legal aid being withdrawn for personal injury claims.

In 1990 Conditional Fee Arrangements (CFAs) or as they are more commonly known, 'no win no fee' arrangements, were legalised by the Courts and Legal Services Act.

This meant that complainants making a case under a CFA would not have to bear the cost of the case, as the solicitor's fees would be taken from the compensation award.

Supporters of CFAs believe the scheme has succeeded in its aim of increasing access to the judicial process for those who cannot get legal aid or are pursuing a personal injury claim.

However, critics say that a lot of solicitors charge a 'success fee' on top of their normal fees, as recompense for the risk taken by pursuing the case, leaving the accusation that the client is left will very little compensation.

One thing that cannot be disputed is the number of companies in Britain now offering this service, with advertising flooding TV, radio and the internet.

Solicitors have been winning compensation for clients for many years with companies and services guilty of negligence.

The National Health Service (NHS), as with any medical related service is vulnerable to claims of negligence and was punished severely after a terrible mistake in 1996.
Kerstin Parkin was in labour at Farnborough Hospital in Kent when she suffered serious brain damage after having a heart attack in labour.
It was caused by pre-eclampsia, which is linked to high blood pressure in pregnant women and leads to fits and convulsions.
Staff at the hospital failed to take basic steps to prevent the damage, whilst a cardiac team was unable to reach her because they did not know the ward's security code.

It meant Mrs Parkin had to be cared for at home and ruined her dream of becoming a dance teacher and choreographer.

Six years after the incident the NHS finally paid out record compensation of £12.4 million.

The family's lawyer, Claire Fazan, of London solicitors Irwin Mitchell, justified the amount awarded saying it was a realistic payout to provide the care her client needed.

As the family in this case admitted, no amount of money can compensate for having your life ruined in such a way, but without the skill and tenacity of the solicitors, they would not have got nearly as much.

It leaves a difficult dilemna for some though, as on the one hand it is right the claimant should receive compensation, but on the other hand where does it leave an already cash strapped health service or any other organisation with a duty of care to the public when they have been sued?

Sure they can learn from the mistakes made, but will they also cut corners in other areas leaving them susceptible to other errors?

Compensation is a fact of life now, and it means every business, authority or service has to be 100 percent on the ball.