Contributory Negligence: What is it and how does it affect you?
When it comes to injury claims a massive 75% of injured people entitled to compensation won’t pursue what they’re owed. A good portion of these people decide against contacting a solicitor because they believe the accident was their fault, or at least partially their fault. As a result, they think it would be a waste of time to claim. However in many cases, liability isn’t that simple. In this blog post we’re going to talk about contributory negligence and what it means to sufferers of personal injury.
We’ll start by explaining what it is. It can occur in any type of personal injury case including car accidents, work accidents and more. If you had an accident that was both your own and someone else’s fault, then it’s contributory negligence. This is because you were partially to blame for your own injuries. There are various levels of contribution and we measure this in percentages. For example, you might be 25% at fault and your employer might be 75% at fault.
Often, the other party at fault will try to accredit more liability to you. Your solicitor will work out what percentage of the liability is yours and negotiate with the other party if their approximation is unreasonable. If and when the case is settled or won, your liability percentage will be deducted from the compensation awarded to you. For example, if you’re 25% liable then a settlement figure of £100,000 would be reduced to £75,000.
It’s still worth getting advice
Even when you think an accident was all your fault that may not be the case. If you feel responsible, or even a little foolish, you should still consult with a solicitor and get an expert opinion on who is at fault.
We offer consultations like this for free and you can submit one here.
Here are some recent clients of ours that were part responsible for their own accident.
- Andrew didn’t do all his checks whilst working on a HGV and was 50% liable for his injuries. We still got him £50,000 in compensation. You can read his story here.
- William wasn’t wearing a seatbelt when working in a vehicle on a construction site and was 50% liable. We still got him £75,000 in compensation. You can read his story here.
- Trevor was injured at work whilst using an angle grinder whilst up a ladder and was 30% liable. We still got him £30,000 in compensation. You can read his story here.
If you had an accident that you think was partially your fault, contact us today for a free consultation and expert advice.