We witness people suffering from damages, due to other person’s negligence and carelessness, and then they get compensated through personal injury claims in Glasgow. However, it’s not necessary that accidents will always be one person’s fault. In many cases, more than one party can be said to have caused property damage or personal injury, and this is where the blame is “split”.
For example, you are driving on a busy highway and unfortunately, your car gets hit by another vehicle pulling out of a side road. This collision causes serious damages to your vehicle along with personal injuries like whiplash, lacerations, cuts, and etc.
If such is the case, you need to take into account a few things; if you were abiding by the rules like keeping in the speed limit, following all the traffic rules, you’re doing everything right, the other driver will be completely blamed for the incident. In such cases, you might be able to get compensated with £8000-10,000.
At other times, if you weren’t keeping in the speed limits, you were vigorously accelerating, there’s a high probability that your high speed may have caused the other driver to wrongly judge the time he had to turn out of the side road, which caused a collision. In this case, the other driver will not be paying 100% of the compensation.
Here, the court will decide that you are partially involved and thereby receive a reduced award to demonstrate that you were to be blamed as well.
Split liability is when not just one party is responsible for the cause of the incident. Split liability claims are generally seen in road traffic accidents. Insurance companies of the drivers, who are to pay the damages, do their complete investigation before paying out the fee. The insurers might declare that both parties are equally responsible for the mishap and therefore must pay 50% of the liability. That being said, split liability cases are also seen in property damage or personal injury claims at some times.
The Amount Of Compensation You Get
The personal injury lawyer you get in touch with for the case will begin working by evaluating the amount of compensation you will receive, and they will assume that the other party is 100% responsible. If your claim gets to the court, the judge will decide the entire value of the claim.
At this stage, the extent to which you are responsible will be decided. This responsibility is often demonstrated in percentages. For example:
- 100% award will have you receive the entire amount because the other party will be deemed entirely responsible for the event.
- 75/25 awards indicate that you have some part in the cause of the accident, and therefore you will only receive 75% of the compensation.
- 50/50 awards mean that you are equally responsible for the accident, and thereby you will only get 50% of the compensation.
- 25/75 means that you are mostly to be blamed for the accident. Here, you will only get 25% of the compensation.
Split liability is also known as “contributory negligence”. Most solicitors use this term and this basically indicates that you were partly at fault for causing the mishap and thus you contributed to your own damages.
Will The Solicitor’s Fee Split Too?
There’s no split in the solicitor’s fee. The legal expenses you pay are based on the entire value of the claim and not on your split liability agreement. This is why, if for instance, your claim settles on a 25/75 basis, your solicitor will be entitled to their full legal costs.
At Wallace Legal, our panel of solicitors will provide guidance on all sorts of personal injury claims to you. Our lawyers will always and only provide their help and support to those who have been wronged and are searching for some degree of salvation. Wallace Legal works on a firm no win no fee basis, in this case, you won’t have to pay anything at all if your claim is unsuccessful.