You may be hesitant about making a personal injury claim because you think there’s a possibility you could be partially to blame for the accident. Maybe you were driving above the speed limit, or you rear ended another vehicle that cut in front of you. You might be looking to make a claim for asbestos exposure, but you’re worried you may not be able to claim as a smoker. You may have had an accident at work when you didn’t strictly follow your training, but it was generally accepted within your workplace that no-one ever did. It could be that there isn’t a clear party at fault. Don’t worry, you may still be able to make a claim.
If you want to pursue a personal injury claim but you’re unsure who could be at fault or feel you could be partially to blame, it’s best to consult with a solicitor. They will be able to assess which party is likely to be found at fault and advise you further. They will let you know if they think a Judge would find you fully at fault for the accident or whether they feel you have a reasonable chance of proving some fault on the part of a third party.
It is important throughout all stages of your claim that you are honest about the circumstances of your accident, including if there is anything you may have done to contribute towards it. Otherwise, your opponent could say you have been ‘fundamentally dishonest’ and there is the potential your claim could be ‘struck out’ (ended) and you could be made to pay your solicitors’ and your opponent’s solicitors’ costs.
If you are found to be partially to blame for your accident, this does not mean your claim will be ended or you will receive no compensation, so it is best to let your solicitor know at the initial stages of the claim if you could have done anything to contribute to your accident so they can make an accurate assessment of the facts.
If you are found to be partially at fault for the accident, this is known as ‘contributory negligence’. The level of contributory negligence could vary from 5-10% right up to around 80% depending on how significant your part in causing the accident was. The remaining percentage is the blame assigned to your opponent. For example, a court may make a finding of 30% contributory negligence on your part which would mean your opponent was 70% responsible for the accident. This doesn’t mean you will receive no compensation. It simply means that the money you receive at the end of the claim is reduced to reflect the percentage you were found at fault. For example, if it was agreed that you were 30% at fault and your claim was valued at £10,000, you would then only receive £7,000 in damages (with 30% or £3,000 deducted to reflect your contributory fault). It may be that your solicitor will negotiate with your opponent to agree the most appropriate split of liability, so that you have some certainty about the percentage of your ultimate compensation award you will receive. Your solicitors will guide you throughout your claim regarding the likelihood of a finding of contributory negligence and will try to estimate what percentage this might be.
If you have suffered a personal injury and would like to speak with one of our specialist solicitors call us today on 0161 696 6235.
Blog author: Lilia Williams
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