The answer to the above question is yes, you may still make a claim for compensation for the injuries you sustained however, there may be a deduction in the amount you are awarded.
There are several things that will be taken into consideration when a judge is determining what compensation you should receive for injuries sustained following an accident whereby you were a passenger in a vehicle which was being driven by a person under the influence of alcohol..
There are certain factors which will be looked at when considering whether a deduction should be made;
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This will all depend on the facts of your case, however, in the vast majority of cases this is not necessary. In fact most cases (the massive majority) settle without Court Proceedings ever being issued.
Even where proceedings are necessary, we find that it may well be that once solicitors are instructed to defend the claim that they take a view that they do not have a strong enough defence to the claim and therefore advise the Defendant that they should immediately settle the injury claim before further costs are clocked up; thus even where proceedings are issued we find most of these cases then settle shortly thereafter.
It is simply not in the Defendant’s interests to run a case to a final hearing, especially if they do not feel they have very good prospects of successfully defending the claim.
If you are injured on property owned or occupied by another person (e.g. at Tesco or at the Pub etc) then your claim is covered by The Occupiers Liability Act 1957 and the 1984.
The occupiers liability Act 1957 sets out duties for the occupier to ensure that an authorised visitor will be safe for the purpose of which he has been invited there for.
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Contributory negligence is when the other party (the ‘Defendant’ in law speak) admits that they are at fault for your accident and will pay you compensation but want to pay you less as they feel you are partly at fault for the accident. For example, if they successfully allege that you are 20% at fault for the accident then the other party will pay you 20% less than the value of your claim.
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ANTHONY BURTON v GUY FRANCIS KINGSBURY (2007)
[2007] EWHC 2091 (QB)
QBD (Flaux J) 13/9/2007
DAMAGES – PERSONAL INJURY
FUTURE LOSS : GENERAL DAMAGES : MEASURE OF DAMAGES : MULTIPLIERS : PARAPLEGIA : PERIODICAL PAYMENTS : ASSESSMENT OF AWARD FOLLOWING ROAD TRAFFIC ACCIDENT : APPROPRIATE MULTIPLIER : JSB GUIDELINES : OGDEN TABLES
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