What is contributory negligence?
Posted on 10th July 2024
Understanding Contributory Negligence in Personal Injury Claims
Contributory negligence, or as some solicitors much to the chagrin of Mark Gregory, Director and head of Personal Injury at MG Legal, like to call it, ‘contrib neg,’ is a crucial concept in personal injury law that can significantly impact the outcome of a claim for personal injury compensation.
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What is contributory negligence in a Personal Injury Claim?
Contributory Negligence in a personal injury claim, refers to a situation where an injured person, the claimant, is found to be partially responsible for the act or omission that resulted in them being injured. This can have significant consequences for the compensation they might receive. Our No Win No Fee Solicitors are here to explain the impact of contributory negligence, on your injury compensation claim.
How Contributory Negligence Works
In England and Wales, contributory negligence is only one of the factors that the Court takes into account when making a decision in a personal injury compensation claim. This means that, even if you are partially at fault, you can still make a claim for the injuries you have sustained. All that a finding of contributory negligence means is that the compensation you receive may be reduced proportionately to the percentage you are found to have contributed to the accident.
The Impact on Personal Injury Claims
Contributory negligence can reduce or, less commonly, completely eliminate the compensation you may receive. For instance, if you are found to be 50% at fault in an accident, your compensation could be reduced by half. The exact amount deducted depends on the court’s assessment of your role in the incident and can vary significantly based on the details of the case. There is no clear, defined basis on which claims are assessed, which is why it is important to obtain advice from expert No Win No Fee Solicitors, with experience in these matters.
When contributory negligence is claimed by the defendant, they must prove that you failed to take reasonable care for your own safety, that this failure contributed to your injury, and that harm was a foreseeable result of your actions. They may try and say that it was all your own fault, however, our No Win No Fee Solicitors can help to prove when this is not the case.
Why choose MG Legal Solicitors?
Transparent fees.
Our solicitors offer their services on a clear fixed-fee or hourly rate, and accept personal injury claims on a no win no fee basis.
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Here at MG Legal, our team of friendly solicitors are fully-qualified and have over thirty years' experience in helping clients just like you.
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When you work with MG Legal, your solicitor will be in regular contact so you have step-by-step updates.
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If you are looking to instruct our solicitors, we have offices in Garstang, Longridge, Lancaster, and Lytham for your convenience.
Factors to Consider If You Have Been Injured
Evidence and Documentation:
Collect and preserve all evidence that can support your claim and counter any allegations of contributory negligence.
Legal Representation:
Engage a specialist personal injury solicitor who can provide expert advice and representation, especially if contributory negligence is likely to be an issue.
Understanding Legal Definitions:
Familiarise yourself with the legal standards and definitions of negligence applicable in your case.
Examples and Legal Strategies
An example of contributory negligence could involve a person who is injured in a serious car accident, when they are partially to blame for causing the accident. Examples of this can be, if a person is not wearing a seat belt. Alternatively, this could be a person who has been injured due to an incident of medical negligence, however, they contributed to their injuries by not following the correct Treatment plan. These are only very simple and generic examples, and our no win no fee solicitors often settle cases, of very high value, even where the claimant may have contributed to the accident circumstances, or they have contributed, in some way, to the injuries they have sustained. If you have been injured in any way, and believe there may be an element of contributory negligence, speak with our No Win No Fee Solicitors, for a free, no-obligation chat, on 01772 783 314.
Contact MG Legal’s No Win No Fee Solicitors
Contributory negligence can profoundly affect personal injury claims. Understanding its implications, preparing your case carefully, and working with experienced No Win No Fee Solicitors can help mitigate its impact on your claim. Remember, the specific details can vary significantly, so professional legal advice tailored to your case is essential.
To discuss your claim for compensation when you have been injured, contact MG Legal’s No Win No Fee Solicitors on 01772 783314 or email injury@mglegal.co.uk and a member of our personal injury team will return your call or email you within one working hour.
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