Free Articles  >>  Legal >>  Page 1  >> 

Contributory Negligence What Is It And Does It Stop You Making An Accident Compensation Claim

? Copyright (c) 2010 Robert Gray

We recently received a letter from a client when we asked him for details of the outcome of the claim for injuries suffered by him in a previous accident of which he had notified us.

He told us that he had been told by other advisers not to pursue a claim because it was a 5050 situation in that he was equally to blame with the other party. Because of the time which had elapsed since that accident it was too late for us to do anything to help them although we are going to gain proper compensation for his latest prang.

However, the simple truth of the matter is that many accidents whether on the road, at work or on someone else's premises can still lead to a successful claim for compensation even if you are partially responsible for the accident as our client was in this case.

If you are not wholly responsible for the accident you can claim compensation, although you might have to accept a reduction in the amount of compensation to reflect the fact that you could have taken more care for his own safety. Please note that this is a "reduction".

For example, if you were 50% to blame for an accident then you can expect to recover 50% of your losses arising from the accident. If you are 40% to blame you can expect to recover 60%. If you are 30% to blame you can expect to recover, I am sure by now you can see how this works!

If you didn't cause the accident but were in a car and for no good reason not wearing a seatbelt and suffered injuries then;

If the medical evidence shows that wearing a seatbelt would have made no difference you will recover compensation in full. If wearing a seatbelt would have made your injuries less serious than you can expect a 15% reduction. If wearing a seatbelt would have prevented your injuries entirely you can expect a reduction of only 25%! Even if your damages are reduced you are still entitled to recover your legal costs from the insurers of the responsible party.

These cases can be complex and how well you do will often depend upon the skill of your specialist personal injury solicitor and his ability to negotiate on your behalf.

The important point to bear in mind is that contributory negligence does not stop you making a claim but it will reduce the amount of compensation that you receive. However, your legal costs will still be paid and you can make a claim under a no win no fee agreement, so you really do not have to worry. Seek early and expert legal advice as soon as you are involved in an accident that was partially your fault and you can soon find out whether you can make a claim.

About Author Robert Gray :

Need expert Accident Whiplash Solicitors? Visit <a href="" target="_blank"></a> plash.html ?
gt##To find out how much for a whiplash claim, see <a href="" target="_blank"></a> -whiplash-claim.html .

Article Source:
Article Url:

Article Added on Sunday, September 26, 2010
Other Articles by Robert Gray

Can I Make A Claim For Whiplash Compensation If I Was Partly To Blame For The Accident
? Copyright (c) 2011 Robert Gray Road traffic accidents happen for a variety of reasons and often there is more than one person at fault for causing a collision. A number of misjudgements or bad decisions taken by one or more drivers could mean that a collision ensues. So what should you do if you have been involved in an accident for which you were partly to blame? Are you still able to claim for whiplash compensation? This article addresses this question as well as looking at how...

Can I Make An Accident Claim If I Am Disabled Or Unemployed
? Copyright (c) 2010 Robert Gray I can't make a claim for accident injury compensation because I was disabled unwell or unemployed at the time of the accident. Many people have heard stories from other people that they were unable to make an accident claim because they were unemployed at the time of the accident, or were in receipt of benefits. Believe it or not and contrary to the notion that we are a nation of claimants who will sue for any thing in the hope of getting compensation to which...

Can You Make An Accident Claim If You Do Not Act Promptly
? Copyright (c) 2010 Robert Gray Whilst it is true that any delay in getting a claim for personal injuries following an accident can cause problems these difficulties are rarely terminal. The main issues with time limits stem from not obtaining the correct details from all parties involved in the accident. It can then sometimes be difficult if you return later and cannot locate any of the witnesses. However, provided that you have basic evidence such as the date and circumstances of the...

Self Employed Accident Claims Can You Still Claim Compensation
? Copyright (c) 2010 Robert Gray Exploding myths - I can't make a claim for injuries suffered in the accident at work because I am self-employed. Many people believe this is the case when it is far from the truth. Every case has to be judged on its own merits, but many times when someone believes that they cannot make a claim because they are self employed they are often wrong. The only person that is qualified to make this decision is a specialist personal injury solicitor, so if you have any...

What To Do If An Insurance Company Makes An Early Offer To Settle A Whiplash Personal Injury Claim
? Copyright (c) 2011 Robert Gray Any victim of a motor vehicle accident who has sustained a whiplash injury, or perhaps a more serious injury, will know that the days and weeks that follow can often be distressing as you begin the recovery progress and start to realise how many aspects of your life have been affected by the injury you have sustained. It is becoming more and more common for third party insurance companies to approach victims at this vulnerable time, usually very soon...

Guide To Compensation For Whiplash
Copyright (c) 2010 Robert Gray If you have suffered a whiplash injury as a result of a road traffic accident, or other type of accident, you may be considering making a claim for compensation and may wonder how the amount of compensation you receive will be calculated. Whiplash injuries vary in their severity from minor neck discomfort which disappears within a few days or weeks to more severe whiplash where symptoms, often in your neck and back, persist for 6 months or more. In minor...

What To Do If You Are Not Happy With Your Whiplash Claims Solicitor
Copyright (c) 2011 Robert Gray If you have suffered a whiplash injury as a result of a road traffic accident you may be in the process of making a claim for whiplash injury compensation. What should you do if you are not happy, for one reason or another, with your whiplash claim solicitor? Do you have to stay with them for the duration of the claim or can you change to a new solicitor? Will you be charged for changing solicitors half way through your claim? This article addresses...

Uninsured Driver Accidents Guide
Copyright (c) 2010 Robert Gray If you have been involved in an accident with an uninsured driver you may be wondering whether you are still able to make a claim for compensation. After all, most people understand that it is usually the driver's insurance company that pick up the bill for any damage their insured has caused to another driver's vehicle. It is also the insurers that pay out an award of compensation to the injured party. Even though it is illegal to drive a car on the roads...

Can You Claim A Whiplash Injury Whilst Travelling As A Rear Seat Passenger Not Wearing A Seatbelt
? Copyright (c) 2011 Robert Gray If you have been involved in a road traffic accident and have sustained a whiplash injury whilst you were travelling as a rear seat passenger and were not wearing a seatbelt, you may be wondering whether you can still make a claim for whiplash and, if so, whether your compensation will be affected. This article seeks to answer these questions as well as explaining how a rear seat whiplash injury is caused. A whiplash injury - whether the accident victim is...

What Are The Main Symptoms Of A Whiplash Injury
? Copyright (c) 2011 Robert Gray If you have been involved in a road traffic accident and are suffering from pain and discomfort in your neck you may be wondering whether you are suffering from a whiplash injury. This article looks at how whiplash injuries are caused, the main symptoms of a whiplash injury and how long it may take you to recover from your whiplash injury. A whiplash injury usually - but not always - occurs in a road traffic accident where one car has gone into the...

Click here to see More Articles by Robert Gray
Publishers / Webmasters
Article ID: 266352
DELINK URL from Authors Bio
REMOVE Article
Tell A Friend
Leave A Comment!
Download this article in PDF
Report Article!
Search through all the articles:

225 Users Online!!
Related Articles:
Latest Articles:
Legal >> Top 50 Articles on Legal
Category - >
Advertising Advice Affiliate Programs Automobiles
Be Your Own Mentor Careers Communication Consumers
CopyWriting Crime Domain Names DoT com Entrepreneur Corner
Ebooks Ecommerce Education Email
Entertainment Environment Family Finance And Business
Food & Drink Gardening Health & Fitness Hobbies
Home Business Home Improvement Humour House Holds
Internet And Computers Kiddos and Teens Legal Matters Mail Order
Management Marketing Marriage MetaPhysical
Motivational MultiMedia Multi Level Marketing NewsLetters
Pets Psychology Religion Parenting
Politics Sales Science Search Engine Optimization
Site Promotion Sports Technology Travel
Web Development Web Hosting WeightLoss Women's Corner
Writing Miscellaneous Articles Real Estate Arts And Crafts

Disclaimer: The information presented and opinions expressed in the articles are those of the authors
and do not necessarily represent the views of and/or its owners.

Copyright AwareINDIA. All rights reserved || Privacy Policy || Terms Of Use || Author Guidelines || Free Articles
FAQs Link To Us || Submit An Article || Free Downloads|| Contact Us || Site Map  || Advertise with Us ||
Click here for Special webhosting packages for visitors of this website only!
Vastu Shastra

Linux Reseller Hosting Provided By AwareIndia

Company IDS