Compensation claims when liability is in dispute.
For the majority of personal injury claims, it’s easy to see who is at fault for the accident. For example, a simple process to claim against a car accident as it is usually apparent who is at fault for the accident. But for those unfortunate events such as a slip, trip or fall can be a completely different ball game.
Whether it’s not knowing who owns the property or land in question, is the property of land is owned by more than one party or whether the injured individual who is trying to make a personal injury claim is responsible for the unfortunate accident.
In a small number of cases of compensation claims when liability is in dispute, the claimant will be made to accept a percentage of the responsibility. This is what we call contributory negligence.
So take a typical scenario where a person slips on a wet floor whilst under the influence of drink or drugs, the party responsible for the surface that you slipped on will admit that the surface being wet was a dangerous situation and they should have placed wet floor signs to prevent the accident occurring. But, is they are aware at the time of the fall that you were under the influence of drink or drugs then they are likely to use the fact that you were intoxicated against you to state that you would not have slipped, fallen or injured yourself if you weren’t so intoxicated.
If this is the case, then you as the claimant may have to accept up to 50% responsibility for the accident.
REMEMBER there are also situations where the 3rd party will deny any liability whatsoever. If this was the case then it would be a good idea to sit down with a specialist personal injury solicitor to find out if they do believe they are liable. The downside to this situation is that the only place the claim can be decided is by a Judge in Court.
Of course, if you did believe you had a case then only you could decide if you wanted to take it to court but be aware that neither side would to take the matter to court unless they felt they were likely to win the case.
Most personal injury claims never go to court but this is always a possibility with ANY case, especially compensation claims when liability is in dispute.
If you are in the situation and unsure of the best route to take, we suggest that you start by filling out the simple form below to find out how much compensation you could be entitled to and then seek advice from there.