What Is Contributory Negligence?
Contributory negligence is when you have made decisions that have increased the severity of your injuries, though another party must be somewhat responsible for your accident. When assessing compensation in such cases, legal professionals consider the extent of the claimant’s responsibilities for their injuries. Therefore, proving that you were injured due to the actions of another party is an important part of a personal injury claim.
By working with a solicitor from our panel, you can get direct advice on the evidence you will need. They can also use their legal expertise to argue for your compensation to reflect your specific experience of the accident. Our advisors are available 24/7, so get in touch to find out whether you can access these excellent legal services on a No Win No Fee basis. Your questions are also welcome if you’re unsure about making a compensation claim at this time.
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Here at CompensationCalculatorUK.co.uk our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
Frequently Asked Questions
- What Law Determines Contributory Negligence?
- How Can Contributory Negligence Impact Compensation Claims?
- What Are Some Examples Of Contributory Negligence?
- How Is Fault Determined In Contributory Negligence Cases?
- What Evidence Will Be Needed To Prove Fault For Contributory Negligence?
- How Can Compensation Calculator UK Help With A Contributory Negligence Case?
- Learn More
What Law Determines Contributory Negligence?
Under the Law Reform (Contributory Negligence) Act 1945), if the person claiming took actions that have contributed to the injuries, the compensation will reflect the extent to which they were responsible. The court will also have their own record of the damages that would have been owed if contributory negligence was not a factor.
If you have any questions about the laws in place or how contributory negligence would affect your personal injury claim, get in touch today. Our advisors understand that this is a complex topic, so they will give your enquiry the attention it deserves. You can also view our jargon-busting glossary for further help.
How Can Contributory Negligence Impact Compensation Claims?
The degree to which your contributory negligence attributed to your injuries can affect how much compensation you receive. For instance, the compensation total could be set at £50,000 and the claimant is 50% responsible for their injuries. Therefore, £25,000 would be paid to the claimant.
At this early stage, it can be difficult to determine the extent of your contributory negligence. However, by contacting one of our advisors, you could be connected to a solicitor from our panel for expert guidance in this regard.
What Are Some Examples Of Contributory Negligence?
Examples of contributory negligence often relate to accidents at work, in public and on the road. Common instances include:
- You experienced severe facial scarring during a car crash but you weren’t wearing a seatbelt.
- After a drunk driver knocks you off your bike, you suffer a severe head injury. However, you chose not to wear a helmet.
- While at work, your fingers are trapped in a machine that has a known fault. Although your employer is partially liable, you did not use the Personal Protective Equipment (PPE) that was provided to you.
- You tripped over on uneven pavement but you were not paying attention to your surroundings. Your wrist is fractured.
Contributory negligence is a complex topic and there are many other incidents where this could affect a claim. Enquire with our advisors, who may connect you with a solicitor from our panel to assess the validity of your contributory negligence claim.
How Is Fault Determined In Contributory Negligence Cases?
Whether you are partially at fault for an injury will depend on your age/mental capacity and the prediction of actions that could result in harm. For example, if an employee was under the age of 18, they may not have had the knowledge to make decisions that could have prevented the injury.
Additionally, you may have found that your decision-making skills were hindered by being in a state of emergency. It can be difficult to act rationally and take steps to protect your well-being in a high-pressure situation.
There is no need to figure this out on your own. A solicitor from our panel could help you to determine factors that may have influenced your decisions at the time of the accident. Enquire with our advisors today to assess your eligibility.
What Evidence Will Be Needed To Prove Fault For Contributory Negligence?
The evidence you will need to prove fault for contributory negligence must show that the other party was at least partially responsible for your injuries. A common way to do this is to provide a copy of your medical records and the contact details of those who witnessed the incident.
You can read our evidence guide for more information on how to prove the different aspects of your case. You also have the option to speak with one of our advisors to learn more about the requirements of the claims process.
How Can Compensation Calculator UK Help With A Contributory Negligence Case?
Our panel of solicitors help with contributory negligence cases by applying their expert knowledge to your claim and providing you with the legal support you need. They offer various services to help you along each stage of the personal injury claim. These include:
- Explaining what evidence you need to show that the other party is somewhat liable
- Arguing for the compensation to fairly reflect your experience of the incident and injuries
- Providing you with details of case updates and advising you on legal decisions
- Handling communications with the other party in a professional manner
Contact Us To Make A Start
After reading this guide, you may have more questions about contributory negligence and the role it plays in personal injury law. Why not speak with one of our advisors for straightforward advice? You could be given the option to work with a solicitor from our panel on a No Win No Fee basis, who will use their years of legal experience to guide you through the process.
- Submit an online claim form
- Make a call on 0800 408 7826
- Use the chat pop-up to speak live with an advisor
Learn More
Read our other helpful guides:
- Learn about the personal injury limitation period
- Find out what general damages are
- Visit our guide on the Pre-action Protocols
External resources:
- Read the government’s information on claiming Statutory Sick Pay (SSP)
- Learn how to administer first aid
- Visit the Health and Safety Executive (HSE) advice on managing your health and safety
Thank you for reading this guide, we hope you now have a better understanding of contributory negligence.