SUING for compensation is becoming more common. Blackburn with Darwen Council is facing a huge bill after several people slipped on Blackburn's market floor. More people are waking up to the fact that almost any injury or accident can be an opportunity to claim against someone, and civil law reforms at the end of this month should make taking legal action even quicker and easier. Reporter AMY BINNS found out how the far-reaching reforms could change our lives. THE biggest shake-up in the civil justice system in more than a century will make it far simpler for people to sue for damages.
Straightforward cases that once took two or three years to complete will now take less than eight months.
For those who haven't already realised that there is cash compensation waiting for accident victims, the penny is beginning to drop.
Civil law lecturer Jane Anthony, of the University of Central Lancashire, said: "It's called access to justice and it's meant to make it easier for Joe Bloggs in the street to bring a claim."
Michael Corrigan, of Blackburn law firm Farleys, said: "In 20 years, I have seen the amount of claims increase fifty-fold. It's still continuing to rise and I expect we will see more and more cases.
"It is a worry that anything you do, you could get sued for. I have insurance cover for anything I can think of."
Under the new reforms, the straightforward informal small claims system is to be extended so more claims can be settled without a lawyer.
And larger claims will run to a strict timetable, with stiff penalties for lawyers and claimants who keep the courts waiting. Lawyers will now have to discuss evidence with the opposite side, so more cases are likely to be settled out of court. Expert witnesses such as doctors will have to agree on evidence before the trial, instead of taking up the court's time with conflicting views.
Mr Corrigan said: "Under the old system, if you suffered an injury and wanted to claim, we would send you to a doctor who would take a pessimistic view of the length of time it would take you to recover.
"Then the opposing side would send you to a more optimistic doctor. You end up with several medical reports with different doctors saying different things and both doctors may have to go to court.
"From now on, for less serious injuries, there will only be one doctor's report and if both sides can't agree on a doctor, the court will appoint one."
This will keep case costs in proportion with the injury, instead of turning a molehill into a mountain.
Suing for compensation is also becoming cheaper because, although legal aid for civil cases is disappearing, more people use the no win, no fee system, which in turn leads to more cases.
Mr Corrigan said: "When people realise it's not going to cost them a penny unless they win, it gives them confidence to go to a solicitor.
"I find people who have had one claim tend to make numerous claims over the years whenever anything happens to them because they realise that it's not as frightening as they thought and they get a cheque at the end of it.
"In the past, it was only those who knew about their rights and could afford to pursue them that brought cases. Now people are more educated and aware of their rights."
There's no point suing if the person you are claiming against doesn't have any money. But today, most people are insured against being sued. Lecturer Jane Anthony said this was one of the main reasons why the number of claims is rising.
She said: "In the past, if you had an accident at your mother's house, you would never sue her. But if she's insured, you can sue because you are effectively not suing your mother, you are suing her insurance company.
"And she may want you to, because she may feel that if she's paid her premium the family might as well get something back.
"I think we are a long way from the American system, but these cases will become more common."
Malcolm Tarling, of the Association of British Insurers, says many people have more protection than they think as part of their home and motor insurance.
He said: "Most household policies have public liability cover included, so if you are held responsible for causing injury to someone in or outside your home, or sometimes even overseas, the insurance company will pay for the cost of defence lawyers and damages."
Many householders will even be covered if their dog attacks someone, as the dog will be classed as a member of the family.
Insurance premiums are likely to rise as more people find how easy it is to claim for damages, but Mr Tarling said people should not rush to buy extra insurance out of fear of being sued.
He said: "I would advise people to sit down and look at the extent of the insurance they have got, then assess their lifestyle and look at the risks they run.
"If there are any gaps, they may need extra insurance."
Although there are still great differences, many of the developments in this country have mirrored those in America, where some observers now believe the situation now borders on the ridiculous.
Only this week, reports told of a Californian housing developer who refused to sell homes to lawyers because they were too keen to sue - only for a lawyer to sue for discrimination.
Converted for the new archive on 14 July 2000. Some images and formatting may have been lost in the conversion.
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