Can I claim compensation if at fault or partially at fault?

If you’ve been injured in an accident in Queensland, you may be wondering whether you can file a personal injury claim if you were partially at fault for the accident.

Claiming compensation if at fault

The answer to this question is not always straightforward, as it will depend on the specific circumstances of your case.

In Queensland, the law recognises the concept of contributory negligence. This means that if you were partially at fault for the accident, your compensation payout may be reduced to reflect your level of fault.

For example, if you were injured in a car accident and it was determined that you were 25% at fault for the accident, your compensation payout may be reduced by 25%.

However, even if you were partially at fault for the accident, you may still be able to file a personal injury claim. The key is to demonstrate that the other party was also at fault and that their negligence contributed to the accident.

To file a successful personal injury claim in Queensland, you’ll need to demonstrate the following:

• The other party had a duty of care to you: This means that the other party had a legal obligation to take reasonable care to avoid causing harm to you.
• The other party breached their duty of care: This means that the other party failed to take reasonable care and that their actions or inactions caused the accident.
• The breach of duty caused your injuries: This means that your injuries were a direct result of the other party’s breach of duty.

If you can demonstrate these elements, you may be able to file a personal injury claim even if you were partially at fault for the accident.

It’s important to note that the process for filing a personal injury claim in Queensland can be complex and time-consuming.  Claiming compensation when at fault can be even more complex.

We recommend you seek the advice of a qualified personal injury lawyer to ensure that your claim is handled properly and that you receive the compensation that you deserve. Of course, we would be delighted to assist. Call Steven and the team here at Morgan Clifford on 07 3317 8380.