Motor Accident Compensation Claim Solicitor - Contributory Negligence Law

LAWYER HELPLINE: 1800 633 090

 

Motor accidents are often not the fault of just one person. Where there is a dispute over liability for a motor accident compensation claim a court will often apportion blame between the two parties on a percentage basis. This doctrine is known as contributory negligence and compensation that is awarded to each party will reflect the percentage that they are held to be liable for the accident.

Legal Definition

Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility of the damage.

    Example of Contributory Negigence

    As an example of the doctrine of contributory negligence if there is a failure to wear a seatbelt when travelling in a motor vehicle that is involved in a collision then it could lead to an assessment by a judge that there is contributory negligence on the part of the claimant with regards any injury sustained in the accident. If however failure to wear a seat belt did not worsen the injuries that would have happened in any event even if the claimant had worn a seat belt then damages will still be awarded in full with no percentage reduction. The claimants failure must have materially contributed to the injuries in order to attract a reduction in the damages award based on the doctrine of contributory negligence.

Breach of the Duty of Care

For either or both parties to be negligent it is necessary to show that they owed each other a duty of care which is no problem in regards to work accidents, car accidents and tripping and slipping cases. The guilty party must have breached that duty of care by failing to act reasonably in doing something that a reasonable person would not have done or failed to do something that a reasonable person would have done. In addition damage, injury or financial loss must have occurred to the victim directly as a result of the other parties actions.

Negligence

A compensation claim solicitor can take legal action in many circumstances which involve negligence by a third party and these include car accidents, work accidents, dog bites, industrial illness, slips, trips or falls in public or private places, repetitive strain injury, military accidents as well as a wide range of other incidents that have physically deleterious effects. The basic rule in these cases is that if the accident, injury or loss that you suffered was the result of the negligence of another person who owed you a duty of care then you can make a claim.

Private Medical Treatment

Making a personal injury claim could mean more than just getting money. In more serious cases the solicitor for the claimant should make sure that the claimants medical needs are immediately met on a private basis by the negligent third party’s insurers. This also applies to some less serious injuries particularly for physiotherapy especially in basic whiplash cases. Our specialist solicitors enjoy access to a network of expert medical consultants which allows them to arrange appointments at short notice to ensure fast and efficient treatment of injuries. Not only is the patient pleased about being treated with haste but the third party insurers also encourage this mode of action as the patient gets maximum benefits and faster resolution of injuries if they are diagnosed and treated quickly and the early resolution of injury benefits the insurer at the time that damages for personal injury are assessed.

Motor Accident Compensation Claim Solicitor

Our motor accident compensation claim solicitors provide a level of excellence in the specialist field of motor accident claims which takes a high level of commitment, substantial investment and constant training. Our lawyers offer the no win no fee scheme and will give free advice without any further obligation. If you would like to speak to a qualified solicitor just use the helpline or email our offices.

LAWYER HELPLINE: 1800 633 090

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