Can You Claim for a Personal Injury if You’re at Fault?

30 Jan Can You Claim for a Personal Injury if You’re at Fault?

If you have had an accident at work or slipped in a supermarket, navigating the complexities of a personal injury claim can be very daunting. When are partly to blame for the accident that caused your injuries, the legal protection available can be even more confusing. 

A question that we’re frequently asked at Faircloughs is: “Can you claim personal injury if you are at fault?” To help anyone considering making a claim for an accident, below we have explored this question in more detail. We have put together a basic guide covering how personal injury claims work and why consulting experts is key for personal injury claims. 

Understanding Personal Injury Claims

Personal injury law revolves around the concept of negligence. The key to a successful claim is providing that another party was at fault and personal injury compensation is awarded to individuals who have suffered harm due to someone else’s carelessness. Therefore, if you’re at fault, it’s unlikely that you will be able to make a claim. 

However, if you’re not completely at fault and someone else could be partially responsible, then you may still be able to get some compensation. So, it’s crucial to carefully evaluate what happened and consider who is responsible when you’re injured in an accident. 

The Concept of Contributory Negligence

The UK legal system acknowledges that accidents aren’t always black and white regarding fault. There can be instances where both parties share some degree of blame. For example, in a car accident, both drivers may be partially to blame. When making a claim for compensation, they should then be awarded something for the accident not being solely their fault.

This is where the concept of ‘contributory negligence’ comes into play. Contributory negligence, also referred to as apportionment of fault or split liability, allows for an individual to claim for personal injury even if they are partially at fault. It is likely that being partially at fault will impact the amount of compensation they receive, but this can vary depending on the circumstances of the case and it’s something that a solicitor can advise on. 

Can You Claim if You Are Partially at Fault?

Yes, you can still pursue a personal injury claim even if you are partially at fault for the incident that caused your injury. Generally speaking, the level of responsibility will directly impact your claim and the amount of compensation you receive. The compensation awarded is typically reduced by the percentage of fault attributed to you. For instance, if you are found to be 30% responsible for the accident, your compensation amount may be reduced by 30%. 

The Importance of Professional Guidance

Personal injury cases involving shared fault can be intricate and challenging to navigate without expert assistance. It’s always advisable to contact a solicitor who specialises in personal injury claims, like our team at Faircloughs. Our experienced legal professionals can offer invaluable guidance, ensuring that your claim is handled with the utmost care and expertise. We can assist with every aspect of the claim process, from gathering evidence and calculating how much compensation you could receive to negotiating settlements and representing your case in court. If you’re unsure whether an accident was your fault, it’s beneficial to contact us. 

Why Choose Faircloughs for Your Claim?

There are several reasons why you should reach out to the Faircloughs team if you are injured by an accident; 

• Expertise in Personal Injury Law – We have a deep understanding of the complexities of personal injury claims, including those involving shared fault.

• Tailored Legal Advice – Every case is unique. Our team provides personalised legal advice, ensuring your specific circumstances are carefully considered.

• No Win, No Fee Approach – This underscores our commitment to our clients, mitigating financial risks for those seeking legal recourse.

• Maximising Your Compensation – Even in cases of shared fault, we strive to secure the maximum compensation possible, reflecting the true extent of your injuries.

Speak to a Specialist Personal Injury Solicitor

All in all, while the answer to ‘can you claim personal injury if you are at fault?’, is not always straightforward, it’s possible to pursue a claim under the right circumstances. Understanding personal injury law, especially regarding shared fault, is crucial for a successful claim. This is why seeking professional advice from Faircloughs is highly recommended. Our expertise and client-centred approach can significantly enhance your chances of a favourable outcome.

If you find yourself in a situation where you’re considering a personal injury claim but are unsure about your fault in the incident, don’t hesitate to contact us at Faircloughs today. Our team is ready to provide you with the guidance you need to navigate your claim successfully.