This chapter examines Britain’s “compensation culture,” and the allegation that society has had to bear an increasing burden as a result of the rising number and cost of claims for damages for personal injury. The analysis is divided into two parts: the total number of claims brought each year is discussed first, and this is followed by an assessment of the overall cost of disposing of individual actions. The chapter gathers together information from a variety of academic and practitioner sources to produce a novel and up to date perspective upon the compensation culture debate.ududAlthough it is indeed true that claims have increased, they have done so only with regard to specific types of injury. Among the key factors highlighted are the working practices of three institutions which form the bedrock of our claims system: liability insurance companies, claims management organisations and claimant law firms. Criticisms are made here of a “dysfunctional” insurance industry; this is followed by a description of the rise and fall of an even more criticised claims gathering industry; and finally, attention is focused upon the rapidly changing structure of the legal profession involved in personal injury.ududIn considering the rising cost of individual claims the major changes to tort damages awards are summarised. Reforms have been made not only of the method by which compensation is calculated, but also of the form in which the money is to be paid: periodical payments are now common in cases involving serious injury. Damages for pain and suffering have been raised substantially without appreciating the full policy implications, whilst compensation for financial loss has had to be revised to match the realities of the wider financial world. These reforms are placed in a broader context which sees the increasing cost of claims as an inevitable result of closer adherence to the principle of restoring the claimant to the financial position that was enjoyed before the injury took place. One of the conclusions drawn is that the structural factors identified here will continue generate concern about “compensation culture” for some time to come.
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机译:本章审查了英国的“赔偿文化”,而且社会必须承担增加负担的指控,由于人身伤害损害的索赔的数量和成本不断增加。分析分为两部分:首先讨论每年带来的索赔总数,其次是评估各个行动的整体成本。本章将来自各种学术和从业者来源的信息汇集在一起,以生产赔偿文化辩论的新颖和最新的视角。 ud udal虽然它确实如此,但是,只有具体的伤害类型。在突出的关键因素中,是三个机构的工作实践,这些机构组成了我们的索赔制度的基岩:责任保险公司,索赔管理组织和索赔人律师事务所。批评是在这里进行的“功能失调”保险业;其次是对更批评的索赔聚集行业的兴起和下降的描述;最后,关注涉及人身伤害的法律职业的迅速变化的结构。 ud udin考虑个人索赔的成本上升,总结了侵权赔偿奖励的重大变更。不仅制定了计算赔偿的方法,还得到了赔偿金的形式:定期支付现在在涉及严重伤害的情况下常见。痛苦和痛苦的损害已经提高了毫无欣赏完全政策影响,而不得不修改对财政损失的赔偿,以符合更广泛的金融世界的现实。这些改革被置于一个更广泛的背景下,将索赔的增加成本视为更接近恢复索赔人对遭受伤害前享受的财务状况的原则的不可避免的裁定。绘制的结论之一是,这里确定的结构因素将继续产生关于“补偿文化”的担忧。
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