Is it possible to claim injury compensation for an accident in a Topman store if I did not pay a visit to the hospital for a week after I tripped over an uneven flooring tile and broke my finger when I fell?
Although you did not pay a visit to the hospital for a week after you sustained your injury, this will not make you ineligible to claim compensation for an accident in a Topman store, but the value of the compensation settlement you may be entitled to for your personal injury claim in Topman could be affected.
Even if Topman acknowledge that their lack of care for failing to provide you with a safe environment in which to shop was responsible for your accident, the store’s public liability insurers may claim that Topman´s liability is limited because of your own “contributory negligence”.
The term contributory negligence is most often used to indicate when you may have been partly responsible for the cause of your accident in Topman but, in this scenario, it could be contested by the company’s insurers that you contributed to the severity of your finger injury by failing to pay a visit to the hospital as soon as possible.
Although Topman´s insurers may have a valid argument concerning the issue of contributory negligence, you should not accept any unsolicited offer of injury compensation for an accident in a Topman store without undergoing a full assessment of your finger injury with a personal injury solicitor. The solicitor will establish whether your contributory negligence affected the severity of your injury, will assess your level of incapacity due to your accident and the effect that the broken finger has had on the quality of your daily life.
A claim for Topman store injury compensation should account for the pain you experienced when you tripped over the uneven flooring tile as well as for your “loss of amenity”. This term refers to the loss of your ability to complete everyday activities because of your finger injury, together with being unable to participate in social events or enjoy regular leisure pursuits which would have formed part of your usual routine prior to your accident.
In addition, a solicitor assessing your claim would ensure the recovery of any expenses that you have incurred which are directly attributable to your broken finger. These can range from the cost of support aids and painkillers to paying for travel on public transport if your broken finger restricts your driving ability. It is also possible to reclaim any earnings you may have lost due to your trip on uneven flooring in a Topman store.
Once a settlement of compensation for an accident in a Topman store is negotiated, you may be assigned a percentage blame for exacerbating your finger injury by not visiting the hospital for a week. This percentage would then be deducted from the sum of injury compensation for an accident in a Topman store that your solicitor has negotiated.
You are advised to speak with an experienced personal injury solicitor about your accident in a Topman store immediately, as accurate calculations of injury compensation for an accident in a Topman store — and whether a percentage deduction should apply for your own contributory negligence — can only be made after you have undergone an assessment with a legal professional regarding your personal injury claim.