Are you thinking about forfeiting your right to claim compensation because you were partly to blame for the accident that caused your injuries? Don’t do that until after you have consulted a personal injury solicitor and explored your options.
When you are partly responsible for an accident, it is called contributory negligence. Under certain circumstances you may still be entitled to get compensated for your injuries. An experienced personal injury solicitor will take into account all the details of the accident and will help you understand your rights and will advise you whether to go ahead or not.
Understanding The Contributory Negligence Clause
Most successful personal injury claims are pretty clear cut. The person who was negligent or who made the mistake is responsible for the accident and is liable to compensate the victim for the injuries caused by the accident.
However, in contributory negligence cases, that is if both parties are partly responsible for the accident, establishing liability is not so straightforward. In this case, obtaining compensation depends on being able to establish that you shared a lesser percentage of the blame.
If, after reading the facts of the case, the court decides that you were more than 50% to blame for the accident, you will be denied any compensation.
If the court establishes that 25% of the blame lay with you, you may be awarded 75% of the award that would have been due to you if the accident was not your fault at all.
If the court decides that you were 50% to blame, you may be awarded 50% of the award that would have been due to you if the accident was not your fault at all.
Needless to say, calculating compensation for contributory negligence can be complicated if you try doing this by yourself.
What’s Involved In Filing A Claim For Contributory Negligence?
When you are claiming compensation for an accident for which you were partly to blame, the process is similar to any other compensation claim but with a few additional requirements.
In order to win your contributory negligence claim you will need to provide solid evidence that the major blame for the accident lies with the other party and that your role in causing the accident was minor. The evidence could be in the form of photographs of the scene, photographs of your injury and witness statements. Providing witness statements can lend the most weight to your case so be sure that you get the contact details of any bystanders who witnessed your accident.
Personal injury lawyers can get you the justice you deserve without having to pay any fees
If you are looking to get compensated for an accident that was partly but not completely your fault, there are several reasons why it is inadvisable to start the claim yourself without professional help. When filing any claim for compensation, there are a number of reasons why hiring an experienced personal injury solicitor to represent you is always the better solution.
Firstly, you will need to have thorough knowledge of the law, particularly in relation to filing a contributory negligence claim. You must know how to build a strong case in your favour and emphasise that your fault in the accident was minor. This is where hiring a personal injury solicitor can gave you a huge advantage. Our legal professionals are fully conversant with personal injury law and would have had experience dealing with similar cases before. Moreover, they have access to legal libraries, where they can look up precedents that will be used for leveraging your claim.
Secondly, healing your injuries can take time. When you are struggling to gather the evidence, put together your application and file the case court case, all this before the 3-year limitation, it is easy to neglect your injuries, which could result in further complications. When you hire a personal injury solicitor, you can rest easy knowing your claim is in highly competent, professional hands.
Thirdly, if you have a solid case, our personal injury solicitors will file the case on your behalf on the basis of a Conditional Fee or a No Win No Fee agreement.
How a ‘No Win No Fee’ Agreement Works
Legal professionals are fully aware that most people who need their help will not be able to pay their fees at the outset, especially as they are likely to be already saddled with various expenses because of their injuries. To make it easier for you to get the justice you deserve, established personal injury solicitors will often waive their fees till after the court has made their decision one way or the other. If the court does not award you compensation, you are not liable to pay your solicitor any legal fees. However, if you win the case and the court awards you compensation, you will then need to pay a fee, which in our case is an agreed percentage of the compensation award you’ve won.
A No Win No Fee agreement give you a huge advantage as you get the benefit of the solicitor’s knowledge and experience without having to pay any fee. There is no risk to you at all. Moreover, with an agreement such as this, you know the solicitor will do their best to get you maximum compensation.
How To Get Started With Your Contributory Negligence Claim
If you think you may have a right to claim compensation for injuries caused in a contributory negligent accident, your first step should be to get in touch with a legal professional. During the first consultation with the solicitor, which in our case is completely free of charge, the solicitor will hear all the facts and any evidence and assess the merits of the case. If you have a strong case, most solicitors will agree to help you file and fight the case in court on a No Win No Fee basis as briefly explained above, and further explained here. Should you have any questions we’ll be more than happy to answer them.