Comparative Negligence in Personal Injury Cases in Ireland
1. What is Comparative Negligence?
In simple terms, Comparative Negligence is a rule in personal injury law that acknowledges that in an accident, both the person who got hurt (the plaintiff) and the person or entity they are blaming (the defendant) might be partly responsible. Even if the injured person is partly to blame for what happened, they can still ask for some money for their injuries.
2. How Does Comparative Negligence Work?
Here’s how it works: if the court finds that the injured person also played a part in the accident, they decide how much of the fault is theirs, in percentage terms. Then, any money they are awarded gets reduced by that percentage. For example, if they are found to be 20% at fault, they get 20% less money.
3. Can You Get Money If You’re Partly to Blame?
Yes, you can. But the amount you get will be less, depending on how much the court thinks you were at fault.
4. How Do They Decide Who’s at Fault?
The court looks at all the evidence, like who was careless, whether anyone broke any rules, and whether everyone was looking out for their own safety. They use this to figure out who is more at fault and by how much.
5. Are There Times When Comparative Negligence Doesn’t Apply?
Generally, it’s used in most personal injury cases. But if the injured person didn’t do anything to cause the accident, or if the other side was almost entirely at fault, then it might not come into play.
6. What About Settling Out of Court?
Knowing about Comparative Negligence can help a lot when trying to settle a case without going to court. Both sides will think about what might happen in a trial, like how much each person contributed to the accident, and this can lead to a fairer settlement.
7. What If You’re More Than Half at Fault?
You can still get some money even if the court thinks you were more than half responsible, but the amount will be reduced a lot.
8. Why Get a Solicitor?
Having a good solicitor is really important. They can help show that you were less at fault, which could mean you get more money in the end.
Remember, in these kinds of cases, a solicitor can’t charge you a fee based on how much money you get in the end. It’s important to understand Comparative Negligence if you’re involved in a personal injury case, and having a skilled solicitor can make a big difference in getting a fair outcome.
