Can my wife still claim injury compensation for an accident in a John Lewis shop if she did not see her doctor for several days after slipping on coat hangers left on the floor of the shop and spraining her ankle as she fell?
Although your wife may not have sought professional medical attention from a GP for several days after she sustained her injury, this will not make her ineligible to claim compensation for an accident in a John Lewis shop. However, the value of compensation she may be entitled to receive could be affected.
Even if the John Lewis store admits that their lack of care for failing to provide your wife with a safe environment to shop was responsible for her injury, the store’s public liability insurers may claim that the company’s liability is limited because of her own “contributory negligence”.
Contributory negligence is a term which is most often used when you – or in this scenario, your wife – may have contributed to the cause of an accident; but, in this case, it could be contested by John Lewis´ insurers that she contributed to the severity of her ankle injury by failing to seek professional medical attention as soon as possible.
Although John Lewis´ insurers may have a valid argument with regard to contributory negligence, neither you nor your wife should not accept any unsolicited offer of injury compensation for an accident in a John Lewis shop that may be made to you without undergoing a full assessment of the ankle injury by a personal injury solicitor. The solicitor will establish whether your wife´s contributory negligence affected her injury’s severity, as well as assessing her level of incapacity due to her accident in the shop and the impact that the damaged ankle has had on your wife´s quality of life.
A personal injury claim for compensation for an accident in a John Lewis shop should not only take into account the pain your wife experienced when she slipped on the coat hangers, but also for her “loss of amenity”. The term loss of amenity refers to the loss of your ability to complete daily activities which would usually have formed part of your wife´s normal routine prior to her accident and can include being unable to enjoy social events or participate in regular leisure pursuits as a result of her accident in the store.
A solicitor assessing your wife´s personal injury claim for compensation would also ensure that any expenses she may have incurred that can be directly attributed to her ankle injury are also recovered. These can vary from the cost of support aids and painkillers to paying for travel on public transport because her ankle injury affects her ability to drive. It is also possible to reclaim any earnings she may have lost due to her accident.
Once a total of how much compensation for an injury in a John Lewis shop your wife is entitled to has been calculated, she may be assigned a percentage blame for exacerbating her sprained ankle injury by failing to visit a doctor for several days after her accident in the store. This percentage would then be deducted from the sum of injury compensation that your solicitor has calculated and she should receive the balance for her personal injury claim.
You and your wife are advised to speak with an experienced personal injury solicitor about her accident as soon as possible, as accurate calculations of injury compensation for an accident in a John Lewis shop — and whether a percentage deduction should apply for her own contribution to her sprained ankle — can only be undertaken following an assessment with a legal professional.