My partner is concerned that I will not be able to claim injury compensation for an accident in Debenhams department store because I did not see my doctor for several days after tripping over discarded packaging and damaging a ligament in my thumb as I tried to break my fall. Is this right?
The fact that you did not seek medical advice from a doctor for several days after your injury will not disqualify you from making a personal injury claim for compensation for an accident in Debenhams department store, but the value of the compensation for your claim could be affected.
Debenham’s public liability insurers may claim that the company’s liability is limited because of your own “contributory negligence”, even if Debenhams department store acknowledges that their lack of care for not providing you with a safe environment to shop was responsible for the injury that you sustained to your thumb.
The term contributory negligence is most often employed when you may have contributed to the cause of your accident in Debenhams department store but, in this case, it could be contested by the company’s insurers that you contributed to the severity of your thumb ligament injury by failing to seek professional medical advice as soon as possible.
Should you be approached directly by Debenham´s insurers, you should refrain from accepting any direct offer of injury compensation without undergoing a full assessment of your thumb injury by a personal injury solicitor. The solicitor will establish whether your contributory negligence affected the severity of your ligament injury, together with assessing your level of incapacity due to your accident and the impact that the damaged thumb has had on your quality of life.
A personal injury claim for Debenhams department store injury compensation should take into account both the pain you experienced when you tripped over the discarded packaging and your “loss of amenity”. This term refers to the loss of your ability to undertake everyday activities because of your thumb injury, together with being unable to enjoy regular leisure pursuits or participate in social events which would have formed part of a regular routine prior to your injury.
A solicitor assessing your claim for compensation for an accident in Debenhams store would also ensure the recovery of any expenses that you have incurred which can be directly attributed to your thumb injury. These can vary from the cost of bandages and painkillers for your hand to paying for travel on public transport because your injury restricts your ability to drive. You can also reclaim any earnings you may have lost due to your accident.
Once a total of how much compensation for an accident in Debenhams store you are entitled to is work out, you may be assigned a percentage blame for exacerbating your ligament injury by not seeking medical advice for several days after your accident in the store. This percentage would then be deducted from the total of injury compensation that your solicitor has calculated and you should receive the balance of compensation for your personal injury claim.
You are advised to speak with an experienced personal injury solicitor about your accident as soon as possible, as the calculations of injury compensation for an accident in Debenhams department store — together with whether a percentage deduction should apply for your own contribution to your thumb injury — can only be accurately made after you have undergone an assessment with a legal professional.