I Might Have Been Partially To Blame – Can I Still Claim? (Contributory Negligence)
As your personal injury solicitor** in Cardiff will tell you, lawyers get asked this question all the time. If you have suffered an injury following an accident that was partially your fault then you can still make a compensation claim, however, you will not be entitled to receive the full amount of compensation. The amount that you are awarded will be reduced proportionately to take into account your own negligence.
Contributory negligence will not alter the position in relation to subsequent loss either. A claimant can still recover any other losses he or she has incurred as a result of the accident such as medical bills, travel expenses and loss of income. Although as with compensation for the injuries, the consequential loss may also be reduced to take into account the claimant’s own negligence.
It is up to the lawyers to show how much the compensation should be reduced by. The claimant’s lawyers will obviously try and argue that the defendant is predominantly to blame whilst the defendant’s lawyers will obviously try and argue to the contrary. In some cases the proportions of negligence are easier to establish than others, for example in the case of a claimant who has suffered an injury in a road traffic accident but was on the phone at the time of the accident.
Some cases are clearer cut in that if the claimant is wholly to blame for his or her injuries then there can be no claim for compensation as there is no third party negligence. In addition there can be no compensation claim following a near miss. There must actually have been some loss suffered.
A personal injury solicitor** in Cardiff will be best placed to advise you on the merits of your case, whether you have been contributory negligent and how much your compensation could be reduced by. To ensure that your case is going to be successful you must appoint a personal injury solicitor** in Cardiff within three years of the date of the accident.