Lost Concentration?

Many people are not aware that if they have an accident that is partly due to their own carelessness that they might still be able to claim compensation for the damages. This is called contributory negligence. Under English Law, if the injured person of the accident is proven to be partly to blame then the blame will be split between the defendant and the claimant, and consequently the compensation paid to the claimant will be reduced by the percentage they’re deemed responsible.

This could easily happen in an RTA, for example, if you were hit through no fault of your own by a drunken driver but you were not wearing a seatbelt, therefore sustaining more severe injuries than what you would have done if you were wearing a seatbelt. This would mean that you would be deemed as partly to blame and therefore your compensation would be appropriately reduced in accordance to the percentage you are to blame. There are also many other personal injuries were the claimant is partly to blame, including loss of concentration and carelessness, but could still claim compensation.

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