From the 1990s, the reports that cover the compensation cases increased dramatically in the mass media (Almond, 2004). There is a view that a huge number of tort cases in the ‘compensation culture’ are unjustified and unfair. In the mid-1990s, the term ‘compensation culture’ first appeared in a famous British newspaper (Levin, 1993). Actually, this is an extreme view, which will be criticized in this paper. This essay emphasizes the compensation culture is a myth (Morris, 2007). There are three reasons: Firstly, the data of the tort claims declined in recent years. Secondly, some victims do not receive the compensation or enough compensation that they deserve. Thirdly, the mass media and public organizations created the ‘compensation culture’ for interests, but it not exist.
The type of tort claims clearly declined
In some scholars’ opinion, the ‘compensation culture’ is growth and flourish in western countries (Cabinet Office, 2010). Actually, this kind of ‘culture’ is just a myth, which is not existent. The reliable figure shows the type of tort claims is decreasing in 1990s.
The number of the tort claims is too complicated to analysis (Haltom and Mccann, 1998). It can be seen that the reports about the figure of the tort claims are apparently contradictory. For example, the Pearson Commission Report in 1978 explains the figure of claims increase (HMSO, 1978). The Better Regulation Task Force, in Better Routes to Redress shows the figure is declining (Cabinet Office, 2004). However, there is another way to comparing the data in each year. Mirros (2007) suggested the Compensation Recovery Unit (CRU) because the CRU concludes the hidden cases in the data so that this report is more accurate and reliable. This repor...
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...a of the tort claims declined in the recent years. Then, some victims do not know they could receive the compensation. Finally, the ‘compensation culture’ myth was created by the mass media and public organizations. Whilst there are a few advantage with ‘compensation culture’. The lawsuit will be more ‘defendant-friendly’ and protect the commercial companies, which is good for the business and economy. At the same time, the myth caused many problems for the society. Such as the excessive risk aversion, which result a cloud on voluntary and socially useful activities, teachers will feel more risk and pressures with children activities (Tingle, 2011). Or the government waste the tax for changing the tort law polices. Whether the ‘compensation culture’ exists, which may be not important. However, It is important that the negative involvements are appeared by the myth.
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