Contributory negligence is an important factor in injury compensation claims because it can affect how much compensation you receive for your personal injury claim and may extend the length of time you need to wait for an injury compensation settlement.
There are two different sets of circumstances in which contributory negligence becomes a factor in an injury compensation claim. The first is when you have contributed to your injuries by your own lack of diligence, and the second is when two or more negligent parties may be liable for an accident.
Circumstances most commonly associated with “self-contributory negligence” would include if you failed to wear a seatbelt when involved in a road traffic accident or a crash helmet when the victim of a motorcycle accident. However, employees who proceed with hazardous tasks even though they know that their safety equipment may be faulty, or pedestrians who walk into the street chatting on a mobile phone, who are hit by a vehicle who has failed to stop at a give way sign, could also be considered to be partly responsible for their injuries.
Whereas multi-contributory negligence will not affect how much compensation you receive in a claim for personal injury compensation, it may affect the length of time it takes for an injury compensation claim to be resolved. Multi-contributory negligence occurs when more than one party is liable for your injuries – such as could happen in a multiple car collision – and a delay in settlement may occur when the negligent party´s insurance companies are apportioning the percentage of blame to each driver.
Discuss Contributory Negligence with a Solicitor
If you feel that there may be issues with contributory negligence in your injury compensation claim, it is always in your best interests to discuss them with a lawyer at the very beginning of the claims process. In this way both you and he can be prepared for any impact contributory negligence makes to your injury compensation claim.