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Contacting no win, no fee solicitors when you are partially at-fault

If you have been involved in an accident which was partly your fault and suffered personal injuries as a result, you may be reluctant to contact a no win, no fee solicitor. This may be because you share the common misconception that if a person is in any way responsible for their injuries, they are automatically disqualified from entitlement to personal injury compensation.

However, this is a misconception because if the negligence of a third party can be seen as a factor which led to you sustaining your personal injuries, there is a good chance that, on your behalf, your no win, no fee solicitor will still be able to make a strong case for compensation.

The legal concept behind this is known as contributory negligence. Under the concept of contributory negligence, deductions will be made from any accident injury compensation your no win, no fee solicitor manages to secure for you, based on the percentage it is determined you are accountable for your own misfortune.

It is worth taking a look at how this is enshrined in legislation. The Law Reform (Contributory Negligence) Act 1945 says:

Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility for the damage

A pertinent example
The example of a car accident can provide a useful illustration of the concept of contributory negligence:

In 2002, Derrick contacted a no win, no fee solicitor as he had sustained several personal injuries, including whiplash, broken ribs and facial scarring in a car accident.

Although Derrick had been a passenger in a colleague's car at the time of the road crash, he had not been wearing a seatbelt, so worried he might not be able to claim car accident compensation for his injuries.

However, Derrick's no win, no fee solicitor advised him that a precedent had been set in the case of Froom V Butcher, when a judge had ruled that although the claimant had not been wearing a seatbelt at the time of the car accident, he was still entitled to some compensation because of the negligent acts of the defendant.

This proved to be insightful advice, as in the end Derrick was awarded 50% of the compensation he would have received had he been wearing a seatbelt.

This meant that his car accident compensation payout was reduced from £14,700 to £7,350.

Contacting YouClaim's panel of no win, no fee solicitors
If you have sustained personal injuries in an accident which was partly caused by the negligence of a third party, you may be entitled to claim compensation.

YouClaim's panel of no win, no fee solicitors are recognised country-wide as being among the UK's foremost experts in understanding the finer aspects of personal injury law including issues of contributory negligence.

You can rest assured that making a no win, no fee claim with us is both a completely risk-free and cost-free business. We guarantee you that at no stage will you have to pay either us or anyone else a single penny in costs or fees.

We also guarantee that we will never take a cut from your personal injury compensation award.

If you wish to get your claim underway today, there are several ways you can contact us:

To speak to someone right now, call us for free on 0800 10 757 95; or, if you prefer, request a call back, fill out an online claim or discuss your claim from the comfort of your desktop using e-chat.

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