In short, the answer is YES.

As long as someone else was partly at fault for the accident you will be entitled to compensation.

The issue for your Solicitor to address will be “contributory negligence”.  This refers to situations where the injured person (the Claimant) is partially at fault for, or has contributed to the accident which caused their injuries. The Defendant will usually raise the issue of contributory negligence and seek to reduce the amount of compensation they have to pay to the Claimant.

Contributory negligence is often negotiated and agreed between the parties. If it cannot be agreed it will be assessed by the Court. If contributory negligence is established the Claimant’s damages will be reduced by the same proportion to reflect their negligence; i.e. if the Claimant is deemed to be 50% liable for their injuries then their damages will also be reduced by 50% of their total value.

In circumstances where contributory negligence is likely to be an issue, it is essential that Claimants receive expert advice. This will ensure that any possible reduction in damages is properly assessed and the Claimant does not concede too much.

Sweeney Miller have a specialist team dealing with personal injury claims and provide professional advice on all elements of personal injury, including the issue of contributory negligence should it arise.


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