What Is Contributory Negligence and How Will It Affect Your Personal Injury Claim in Ontario?

If you have been injured in an accident in London, Ontario, you may be eligible for compensation by filing a personal injury claim. This compensation may go towards offsetting the costs of your recovery, such as medical bills, attendant care, income lost as a result of your injuries, and possibly more. There may be additional challenges involved in filing a personal injury claim in Ontario if you bear partial responsibility for, or have contributed to, the accident. However, this does not mean you are ineligible for compensation.

Each case is unique, influenced by a number of factors specific to your circumstances. To learn more on what options are available to you, contact us today and schedule a free consultation with our London personal injury lawyers.

What is Negligence?

Negligence refers to fault. Put simply, it is a failure to take reasonable care in a situation that causes another person injury or loss. For example, if a motorist is driving above the speed limit, and causes a car collision, they may be found negligent and therefore liable for damages to the people injured in the collision. Multiple people may be considered negligent in an accident, including, possibly, an injured accident victim.

What Is Contributory Negligence?

Sometimes, an accident victim in a personal injury claim may be found partially responsible for the accident in question. As outlined by Ontario’s Negligence Act, if the plaintiff (the personal injury claimant in this case) contributed to the damages resulting from the accident, they may be found contributorily negligent. An example of contributory negligence may be a plaintiff who failed to wear a seat belt, and was then injured in an accident caused by another driver’s reckless driving. Though the plaintiff’s failure to wear a seat belt may not have caused the accident, it may have contributed to the injuries they sustained when the accident occurred. 

How Will Contributory Negligence Affect Your Personal Injury Claim?

You may be entitled to compensation even if you were partially responsible for the accident. Generally, if the court finds you to have been contributorily negligent, the amount to which you may be entitled will be calculated in proportion to the degree of your contribution. For example, if it is found you were 20% at fault for the damages, then you may receive 80% of the compensation.

How Can an Ontario Personal Injury Lawyer Help?

Proving fault and the percentage of contribution in a personal injury claim may be challenging. The process may be particularly stressful when negotiating with an insurance company while recovering from your injuries. Working with an Ontario personal injury lawyer may help relieve stress and ensure that your rights are represented. Your lawyer may handle negotiations with the insurance company on your behalf, help gather evidence to support your case, provide you with legal advice, and more.

Contact Our Contributory Negligence Lawyers Today for a Free Consultation

Many different factors may influence the compensation available to an accident victim in a personal injury claim. Navigating the calculations and negotiations with an insurance company can be particularly stressful if you may be partially at fault for the accident in question. If you would like to learn more, including how our personal injury lawyers may be able to help you, contact us today to schedule a free consultation.

*Disclaimer: Please note the content in this article is not intended to act as legal advice and instead is intended to act as a general overview on a legal topic. Please consult with a personal injury lawyer for specific legal advice on your case.

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