Is it possible to make a personal injury claim for compensation for an accident in a House of Fraser shop if I did not seek medical attention for several days after slipping on some discarded food in the cafeteria and suffering a broken finger when I fell?
The fact that you did not seek professional medical attention for several days after your injury will not make you ineligible to make a personal injury claim for compensation for an accident in a House of Fraser shop, but your lack of action could impact on how much compensation you may be entitled to receive.
The House of Fraser’s public liability insurers may claim that the shop’s liability is limited because of your own “contributory negligence”, although House of Fraser may acknowledge that their lack of care for failing to provide you with a safe environment to eat was responsible for your injury.
The term contributory negligence is most often utilised when you may have contributed to the cause of an accident; but, in this case, it could be contested by House of Fraser´s insurers that you contributed to the severity of your broken finger by not seeking immediate professional medical attention.
Although the House of Fraser´s insurers may have a valid argument regarding your contributory negligence, you should refrain from accepting any unsolicited offer of injury compensation without undergoing a full evaluation of your broken finger injury by a personal injury solicitor. The solicitor will establish whether your contributory negligence affected the severity of your injury, together with assessing your level of incapacity arising from your accident and the impact that the broken finger injury has had on your quality of life.
A personal injury claim for compensation should not only account for the pain you experienced when you slipped in the cafeteria, but also for your “loss of amenity”. This term refers to the loss of your ability to successfully undertake everyday activities because of your broken finger injury, together with not being able to take part in social events or enjoy regular leisure pursuits which would usually have formed part of a normal routine prior to your accident.
A solicitor assessing your personal injury claim would also ensure the recovery of any expenses that you have incurred which are due to your broken finger injury. These can vary from the cost of support aids and pain killers to paying for travel on public transport if your broken finger restricts your ability to drive. You can also reclaim any earnings you may have lost.
Once a total of how much compensation for an accident in a House of Fraser shop you are entitled to is worked out, you may be assigned a percentage blame for exacerbating your broken finger by not seeking medical treatment for several days after your accident in the shop. This percentage would then be deducted from the sum 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 is practicable. This is because accurate calculations of injury compensation for an accident in a House of Fraser shop — and whether a percentage deduction should apply for your own contribution to your broken finger injury — can only be made after you have undergone an assessment with a legal professional.