Can I still claim compensation for cranial fracture if I was somewhat at fault for the car accident that caused my injury?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
You may still be eligible to claim compensation for cranial fracture, as long as it can be established that you were not primarily responsible for the accident in which you sustained your head injury. Provided that it can be proven that the majority of blame lies with another – or multiple – third parties, you should qualify for cranial fracture injury compensation. You should be aware, however, that the amount of compensation you are entitled to will likely be reduced to incorporate the aspect of your “contributory negligence”.
It is your responsibility to collect evidence to support your claim for skull fracture in order to prove that a third party caused an accident as a result of their negligence. It should be noted that the accused negligent party holds responsibility to establish that the accident involved contributory negligence attributed to your own lack of care. You will not be disqualified from pursuing compensation for cranial fracture if it can be proven by the defence that you were partially at fault; but, as afore mentioned, a percentage of the compensation you receive will probably be deducted to reflect your part in the cause of the accident.
The issue of contributory negligence would be included in a claim for cranial fracture injury compensation if, for example, the accident victim was driving without due care or attention, if tires were overly worn, if they were exceeding the speed limit of if they were under the influence of drugs or alcohol. The negligent party’s legal representative will always investigate a claim for skull fracture compensation to determine if contributory negligence can reduce the degree of their client’s liability.
Proof that the accident victim contributed to the severity of injuries they sustained could also lead to reduced compensation amounts. A prime example of this would be if you were not wearing a seatbelt; in this instance the compensation amount would likely be reduced by up to 25 per cent. A failure to seek immediate professional medical treatment after an accident can be considered as contributory negligence and can have a significant effect on the amount of compensation for cranial fracture that could be awarded.
You would be well advised to speak with a personal injury solicitor at the first practical opportunity to discuss the circumstances of your accident and injuries. In the free initial consultation that most solicitors offer you should state why you believe another driver was primarily to blame for the accident and the reasons why you believe that you may have also been partially responsible. Your solicitor will be able to establish whether your claim for compensation for cranial fracture is viable and will advise you of potential amounts of compensation you may be eligible for and how they are affected by your contributory negligence.