The simple answer is yes. If you were injured by another party’s negligence or breach of care, you are entitled to compensation. We refer to these types of claims by the term ‘contributory-negligence’, meaning even if you contributed to the events of the accident, this does not absolve the other party of its responsibility.
However, this would affect the level of compensation you would be awarded if you were to succeed with your claim. Depending on the amount of responsibility you take for the accident, the amount of compensation will be reduced accordingly. For example, if you were to agree that the accident was 50% your fault, then you would receive half the amount of compensation that you would have been awarded should you have been blameless.
What types of accident are considered to be ‘Contributory-Negligent’?
The circumstances in which contributory-negligent claims arise can vary and they are more common than you may think.
One of the more frequent cases we deal with are road traffic collisions where the claimant was not wearing a seatbelt. It may be that the accident itself was caused by another driver, however if the claimant’s injuries would not have occurred or would have been less severe had they had been wearing a seatbelt, then this would reduce the level of compensation the injured party was entitled to. On the other hand, if it were to be proven that the claimant would have suffered the same injuries even if they had been wearing a seatbelt, then no reduction to compensation would be made. This is a rare occurrence, but it is still a possibility.
With regard to accidents at work, contributory negligence may fall between the claimant and a fellow employee or with the company they work for.
A typical scenario would be where an employee is working with machinery and notices a health and safety risk, but instead of reporting this to their employer or manager, they continue working with the equipment and become injured as a result. The employee should have stopped working and reported the hazard at the earliest convenience to protect themselves from harm, however it is the employer’s responsibility to ensure all employees are operating in a safe working environment. Upon making a claim for their injuries, the employee may have to accept a share of blame for the incident.
How Stonehewer Moss can help you
Here at Stonehewer Moss we are APIL accredited Personal Injury specialists. Upon acceptance of your claim, we can arrange for a full medical examination so that we can assess the full consequences of your injuries and the impact they have had on your life.
Our team of solicitors will be able to negotiate with the other party once we have obtained this information and presented them with details regarding the extent of your injuries as well as the prognosis for your recovery, which will be key in motivating them to accept partial liability.
With an expert in Personal Injury by your side who will strive for the maximum level of compensation in your case, you may also increase the prospect of accepting less responsibility for the injuries you sustained and receive a higher award.
We handle the majority of cases on a No Win No Fee basis. Watch this short video to learn more.
Talk to one of our personal injury claims specialists
Call us on freephone 0800 434 6544 or 01606 87 22 00
