Contributory Negligence

Exploding myths or "I can't claim because I was partly to blame for the accident or my injuries"

We recently received a letter from a client when we asked him for details of the outcome of the claim for injuries suffered by him in a previous accident of which he had notified us. He told us that he had been told by other advisers not to pursue a claim because it was a 50\50 situation in that he was equally to blame with the other party. Because of the time which had elapsed since that accident it was too late for us to do anything to help them although we are going to gain proper compensation for his latest prang.

The simple truth of the matter is that many accidents whether on the road, at work or on someone else's premises are primarily but not wholly the responsibility of one person and the injured party has to accept a reduction in his compensation to reflect the fact that he could have taken more care for his own safety. Please note that we say "reduction".

If you were 50% to blame for accident then you can expect to recover 50% of your losses arising from the accident. If you are 40% to blame you can expect to recover 60%. If you are 30% to blame you can expect to recover ....yes yes you get the picture!

If you didn't cause the accident but were in a car and for no good reason not wearing a seatbelt and suffered injuries then;

• If the medical evidence shows that wearing a seatbelt would have made no difference you will recover compensation in full.
• If wearing a seatbelt would have made your injuries less serious than you can expect a 15% reduction.
• If wearing a seatbelt would have prevented your injuries entirely you can expect a reduction of only 25%!

Even if your damages are reduced you are still entitled to recover your legal costs from the insurers of the responsible party.

These cases can be complex and how well you do will often depend upon the skill of your specialist personal injury solicitor and his ability to negotiate on your behalf.

If you have been injured in an accident that was partially your fault, you can still make a claim for compensation. Contributory negligence does not stop you making a claim but it will reduce the amount of compensation that you receive. However, your legal costs will still be paid and you can make a claim under a no win no fee agreement, so you really do not have to worry. Seek early and expert legal advice as soon as you are involved in an accident that was partially your fault and you can soon find out whether you can make a claim.

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