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Tag Archives: Legal
What Exactly Is Contributory Negligence?
Contributory Negligence is quite a frequent legal principle that occurs in certain claims for personal injury, and it’s also at times a way that insurance companies make use of in order to save themselves some of the cash they may need to pay to the claimant! Nevertheless, occasionally it may be warranted.
By definition, Contributory Negligence means the defendant (company or person to blame for an accident) will accept they are to blame, but states that the claimant (the injured party) was in some part responsible for the incident or for their injury. This kind of allegation is often made by means of their insurers or attorneys.
Why don’t we consider an illustration of an accident at the workplace: John is a building contractor and has an incident at the workplace through which he gets a head injury from a item of equipment which tumbles from some scaffolding. The equipment ought to have been properly secured therefore, since it had not been, the company is recognised as accountable for this oversight. But, John didn’t have his hard hat on at the moment. Because this is a requisite for all people inside the development site, this would mean that he has some culpability for the extent of his head injuries as a result of his contributory negligence.
This means that he may still receive compensation, but a percentage will be deducted because he wasn’t wearing a helmet, a requirement with his company. In this example, it may be argued that this is fair and reasonable as a result of John’s contributory negligence, but on occasion some insurers may simply allege it in order to try and save themselves some money.
Engaging a specialist personal injury lawyer can help to ensure the claimant gets 100% of the compensation they deserve. In cases where it can be argued that contributory negligence is not warranted, or the amount is set too high, appropriate legal representation can make a significant difference to the claimant’s eventual settlement.
For the most advantageous outcome, it is best to engage the services of representatives who are specialist, independent lawyers who can maximise the potential in your claim and avoid any unwarranted contributory negligence penalty.
Ian Hogg is a registered claims management specialist in direct access law in the UK. He writes online on legal issues such as contributory negligence.
