Is It Possible To Make A Personal Injury Claim If I Am Partly To Blame?
Is It Possible To Make A Personal Injury Claim If I Am Partly To Blame
?It is very common for people who have suffered a personal injury as a result of someone else's negligence, tend not make a claim because they mistakenly believe that they do not have a case as they are partially to blame for the accident. For example, if someone is injured in an unstable building after ignoring warning signs in order to gain entry. Although, any negligent or reckless behaviour on the part of the claimant may have an effect on the amount of compensation which they will be entitled to.
Contributory Negligence
"Contributory negligence" is a defence which can be raised by the defendant in which they do not deny that they failed to take reasonable precautions to prevent the accident, but the claimant's own conduct either increased the risk of the accident occurring in the first place.
Originally the law of contributory negligence was based on ancient court decisions which viewed it as a complete defence to a claim. This means that if it could be shown that the claimant was in any way to blame for the accident, their claim would fail and they would receive no compensation. This was the case even if the blame which could be attributed to the claimant was very small.
The Law Reform (Contributory Negligence) Act 1945 changed the law so that contributory negligence could only be used as a partial defence to a claim. This means that where the defendant is able to prove contributory negligence, the claimant's damages are in proportion to the percentage of blame which the claimant has for the accident. One area in which contributory negligence is regularly seen is in personal injury claims relating to car crashes where the claimant was not wearing a seatbelt at the time of the accident. In these cases the Court will routinely reduce the compensation by between 25% and 50%, depending on how much the injury could have been reduced by a seatbelt.
100% Contributory negligence
In some rare cases a court may conclude that although the defendant is at fault, the actions of the claimant were so negligent and unreasonable, that they contributed 100% to the accident. For example, where the defendant might have been expected to have taken additional steps to guard against accidents, but even if they had, the claimant would still have been injured as a result of their own recklessness. Where the claimant's actions show a complete willingness to overcome all obstacles and disregard all safety precautions in order to place themself in the vicinity of a risk or hazard. Where this happens, the claimant will receive no compensation or may receive only nominal compensation as a token that whilst they have shown that the defendant was at fault, they cannot be blamed for the damage which the claimant has suffered.
Contributory negligence is a complex area of law and convincing a court to reduce your level of contributory negligence by even a few percent can mean that your compensation is increased by thousands of pounds. Because of this, it is important to use a solicitor finder service to locate a legal professional who has experience in this area. Psd To Magentoultimate Guide For Ecommerce Stores India Tours – Beginning Where your Fantasies End An easy way to manage online money tranfers - Remit CMS The Reason Online Crm Is The Right Decision For Your Enterprise What To Consider When Shopping For A Pram Flower Wholesalers For Floral Decorations Be Aware Of The Pitfalls Of Breast Surgery Adverse credit loans-Designed for the poor creditors Our Chinese Women Team Will Become The Strongest One In The World Establish Profitable Business By Closing The Sale Well - Learn How Simply Sublime Gifts: High-Style, Low-Sew Projects to Make in a Snap Diet Pills Reviews For Inspiration Don't Wait! Find Out How To Get Over Someone Fast