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In cases where people are pursuing a claim for 100 percent compensation, the possibility of the defendant alleging contributory negligence is one that must be considered. This is the situation in which a claimant has, through his or her actions, made the accident injury that led to his or claim more likely.
The possibility of contributory negligence including the situation where the defendant is solely responsible for that injury, however, is something that has occupied legal minds. This idea, in the shape of 100 percent contributory negligence, has even reached the House of Lords.
In 2005, for example, Lord Goodhart found it necessary to contribute to a debate on the matter, saying "I am afraid that 100 per cent contributory negligence is a logical impossibility. You may of course be entirely responsible for your own injury [...] The whole idea of contributory negligence is it is contributory because both parties have contributed to it."
In 2006, the same issue arose again, leading the Earl of Erroll to comment that "you cannot be 100 per cent contributory; that is logically or terminologically impossible."
The resistance to the idea of the terminology, however, does not mean that a claimant cannot be held responsible for his or her personal injury; for this reason, it is highly advisable for any claimant who is unsure of the strength of an intended claim to talk seriously with an accident claim solicitor.
Expert solicitors offering 100 percent compensation
Even if you feel you are partly responsible for injuries you have suffered in an accident at work, a car crash, or some other incident, it is worth discussing your case with the specialist advisors at YouClaim. Even if your compensation amount is diminished due to contributory negligence, it may still be worth pursuing.
Our advisors will be able to discuss the details of your case in plain English, without putting unwanted pressure on your decision. If you do feel that you want to proceed, we will be able to find you our best no win, no fee solicitor for your claim, who will - in most cases - be able to handle your claim on an entirely free basis. (If your case is one of the rare exceptions, we will ensure you are warned of this in advance.)
For your security, we use only personal injury solicitors from firms governed by the Solicitors Regulation Authority.
For advice and assistance in your claim, call us on 0800 10 757 95, chat to us online, or leave us a callback request and we'll ring you. Whatever damages are awarded to you, our 100 percent compensation promise ensures that you will receive the full amount.
