What Is Split Liability?
Split liability is the term that is used to describe a legal case in which both the defendant and the claimant are considered to be somewhat responsible for the incident in question. The amount to which both side are considered to be responsible will depend upon the specific facts of each individual case. In lots of cases, like medical negligence cases, it is very clear who caused the accident and who is the victim.
However, in other scenarios, such as road traffic accidents, in is less obvious who is at fault for the accident that has occurred. If you want to make a personal injury claim, you should find out about split liability.
If you have any further questions, talk to Jefferies Solicitors today.
Involving The Courts
When looking at the evidence of a case, the insurance companies and personal injury solicitors who are involved will try to come to a resolution about who is to blame or how much of the blame each side should take. However, in some cases it is difficult to determine who is at fault.
If there is a disagreement about split liability then the case will probably have to go to Court. However, it is important to remember that most solicitors and insurance companies will try their hardest to resolve the issue without going to court. This is because court cases can incur extra costs to the parties involved and court cases can take far longer to settle.
Complexity Of A Split Liability Case
Some people believe that split liability cases are always more complex. However, this is not always true. The complexity of a case will depend upon the specific details of that case rather than whether split liability is involved.
However, split liability is more likely to appear in certain case types than others.
Some common case types that involve a split liability clause include:
- Road traffic accidents.
- Cases where one or both parties are under the influence of alcohol or drugs.
- A case where two employees are involved in an accident.
Consequences Of Split Liability On Compensation
If it is determined that the claimant is at least partly to blame for the accident in question, then they won’t receive 100% of the possible compensation.
If this would cause you to not want to file a personal injury claim, you should remember that compensation is only meant to put you back in the same financial situation that you were in prior to your accident. Therefore, receiving a portion of compensation is certainly better than receiving none.
The amount of compensation that you will be awarded depending upon the determined liability in your case is:
- 100% – if the other party is entirely to blame for the incident.
- A 75/25 split – if you are considered to be 25% responsible for the accident, you will receive 75% of the compensation.
- A 50/50 split – this means that you are considered to be equally responsible for the accident occurring. You will therefore receive 50% of the compensation.
- A 25% to 75% split – this means that you are considered to be 75% responsible for the accident occurring. In this case you will just receive 25% of the possible compensation on offer.
These figures are just general estimates for compensation but they are quite a good general guide. Most split liability cases follow these sorts of percentages. If you have any further questions relating to the specific details of your case, you should speak to Jefferies Solicitors directly.
Contact Jefferies Solicitors
Our experts at Jefferies Solicitors are well experienced in dealing with a range of different case types. We understand how traumatic sustaining an injury or developing an illness can be and so we want to make the process of claiming compensation as stress-free as possible. No matter exactly where you are located throughout England and Wales, we can help you.
At first, we will need some initial details about the specifics of your injuries and how this has impacted your life. Contact us today on 0800 342 3206 or through our online form to get started. A member of our team will quickly be in touch to discuss your case, confidentiality is ensured with all our clients.