I Might Have Been Partly To Blame – Can I Still Claim? (Contributory Negligence)
There is a big difference between being partly to blame and wholly to blame for an accident and suffering injuries as a result. If you are not to blame at all or are only partly to blame then you can make a claim for compensation. If you are wholly to blame then you cannot claim compensation because you cannot sue yourself.
If you are partly to blame, even thought you can make a claim for compensation, the amount you will be able to claim will be reduced to take into account your own negligence as it would not be fair to be able to claim the full amount when you are not guilt free. This reduction in the compensation will be negotiated by Personal Injury Claims Bradford and will take into account the decisions in previously decided cases based on similar facts.
Contributory Negligent Injury Claims
It is therefore important that you ensure you appoint an experienced personal injury solicitor in Bradford to deal with your case as they will be best placed to advise you on how much you are to blame and to negotiate a good settlement on your behalf as insurance companies will often try and blame the claimant more than perhaps is fair.
Common examples of people who are contributory negligent are: (i) drivers and passengers not wearing their seat belts and then suffering injuries in a road traffic accident; and (ii) employees not using the safety equipment provided by their employers resulting in injuries that perhaps could have been avoided.
In order to make a successful personal injury claim, regardless of whether it is not your fault at all or partially your fault, you should ensure that you appoint our personal injury solicitors** Bradford well within three years of the date of the accident (or by their 21st birthday in the case of a child). Any claim brought outside this time may be barred under the Limitation Act 1980 and is likely to require special permission from the Courts before it can be brought.