If your case was settled on a split liability basis and you are unhappy or unsure why this was so, please contact us to see if we can help.
Split liability is awarded when more than one person is responsible for causing an accident or injury. Split liability can occur in any type of property damage or personal injury claim. It often occurs in road traffic accidents where an insurance company might judge that both drivers are equally responsible for a collision. This is also sometimes referred to as contributory negligence i.e. that you in some way contributed to your injuries.
For example, a 75/25 award means that you are or another party is 25% responsible for the accident/injury. You receive 75% of your compensation.
A 50/50 award means that you are or another party is equally responsible for the accident/injury. You receive 50% of your compensation.
When is split liability not appropriate?
It is not appropriate for there to be a split liability agreement in medical negligence cases where the patient was unconscious or under anaesthetic at the time of the treatment and had no knowledge of it. You are unlikely to have contributed to your injuries in these circumstances. It may however be possible to impose split liability are where you as the patient have not followed the doctor’s instructions or failed to seek prompt treatment. This may include a failure to take prescribed medication or attend further appointments.
The other side may wrongly offer a split liability settlement on the basis that they do not believe that are entirely at fault for your injuries. This is obviously beneficial for them as it will mean that they will not have to pay you the full value of your claim.
Wrongly decided split liability
Claimants, through no fault of their own, may have their damages reduced significantly as a result of their solicitor negligently agreeing that liability should be split.
Your solicitors may have advised that it is best to accept split settlement in order to achieve a quick settlement. If your claim should not have been settled on this basis, it may be possible to show that the solicitors were negligent. This means that you may be able to pursue your original solicitors for the full amount of your claim.
Bridge McFarland have recently recovered in excess of £150,000 for a client, amounting to the true value of a clinical negligence claim. This was recovered from the client’s original solicitors who wrongly settled the claim on a split liability basis.
If you suspect that your solicitor has been negligent in settling your claim on this basis please contact us on 0800 989 0163 or email firstname.lastname@example.org.