To pursue a successful claim for personal injury compensation, it is necessary to establish that somebody else was to blame for the accident or the development of your condition. Should this be possible any compensation you receive may be reduced if it is held that you were also partly to blame. This is known as contributory negligence.
Failure to wear a seat belt when involved in a road traffic accident is an obvious example of where contributory negligence is likely to be an issue.
Where a Judge makes a finding of contributory negligence the compensation will be reduced by a percentage to reflect the degree of fault. A greater degree of contributory negligence will lead to a higher percentage deduction from the final compensation payment.
Should allegations of contributory negligence be raised by the other party in a personal injury compensation claim it is for them to prove that you were also at fault. They must also establish what impact these actions may have had on the circumstances surrounding the accident or the nature of the injuries sustained. In order to fully consider the merits of any such allegations it is important to understand exactly how the accident occurred and how the injuries were sustained.
Allegations of contributory negligence can be dismissed when in reality your actions would have not prevented the incident occurring nor could any steps have been taken to reduce the severity of the injury.
At Sintons our personal injury specialists regularly succeed in dismissing allegations of contributory negligence helping to maximise the level of compensation that can be recovered.
All personal injury claims are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.
To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.