What is Contributory Negligence?
Contributory negligence is the failure of a party to act appropriately in that they may have contributed to the injury which they ultimately have suffered.
For example, if you were involved in a road traffic accident which was not primarily your fault, you may be entitled to compensation for your injuries. However, if you played a role in the accident, or your actions led to you suffering from greater injuries than you would otherwise have suffered, this will be factored into he compensation payable to you.
A very common example of contributory negligence would be failing to wear a seatbelt which resulted in a greater severity of injuries than if you had been safely strapped in.
Failure to seek medical advice in a timely fashion with whiplash like injuries can cause injuries to deteriorate in the intervening time frame.
Although most contributory negligence factors will not defeat your claim for personal injuries entirely, it will be factored into the award of damages made to you.
Often the courts will reduce an award of damages by a certain percentage to allow for contributory negligence and the amount of damages would be reduced by that percentage.
If you have any queries in relation to personal injury actions, please contact us at McElhinney & Associates Solicitors, Drumboe Lodge, Stranorlar, Co. Donegal on 074 91 75989 or email@example.com
*In contentious business a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement
**This information is for guidance purposes only. It does not constitute legal or professional advice. Professional or legal advice should be obtained before taking or refraining from any action as a result of the contents of this publication. No liability is accepted by McElhinney & Associates for any action taken in reliance on the information contained herein. Any and all information is subject to change.