Can I still claim in Northern Ireland if an accident was my fault?
3 minute read
In Northern Ireland, you might be able to claim even though you were partly to blame for your injuries
Establishing liability for an accident that resulted in injury is not straightforward. Sometimes, it takes even the most experienced personal injury solicitor time to investigate. This is because it might look like the injured person is responsible for their own accident, but in reality, the facts would contradict what has been assumed.
What is contributory negligence?
Contributory negligence is when an injured person is partly responsible for an accident. You might still be entitled to compensation when you are partially liable for the circumstances that caused the injuries. However, you would receive less compensation if the claim was successful.
The level you are awarded would be reduced in line with how liable you were. It is a solicitor’s job to work out how responsible you were and assign a percentage value to it. The amount in compensation would be reduced by this value.
For example, if it is determined that you were 60% liable and a third-party defendant was 40% liable, then you would receive 60% less in compensation than you would have had the defendant been entirely to blame.
Contributory negligence can become a contributing factor in any type of personal injury claim. We often see it in road traffic accident claims, work accident claims and public or occupier liability claims.
Seek independent legal advice before accepting liability
It is not uncommon for people to think they were responsible or partly responsible for an accident when the facts suggest otherwise. You should always seek legal advice from an experienced personal injury solicitor before conceding liability.
We are personal injury claims experts
Our personal injury claims department is one of the busiest in Northern Ireland and we have been trusted by thousands of people seeking compensation. Many of these people didn’t realise they had a viable claim because they blamed themselves for their accident. Fortunately, they had the benefit of a free initial consultation with our team and we were able to provide advice to the contrary.