May I claim soft tissue injury compensation for when I slipped in a department store on a puddle in the food section even if I did not visit my doctor for a few days after I slipped?
You will not be immediately disqualified from claiming soft tissue compensation because you neglected to seek medical attention until a few days after the injury was sustained; however, the amount of compensation you receive in your soft tissue accident claim may be affected. Even if the department store admits that a breach in their lack of care to provide you with safe shopping environment led to your accident and subsequent injury, the store’s insurance company may argue that their liability is restricted because of your own contributory negligence.
The department store may indeed have a fair argument, but you would still be advised to refrain from accepting any offer of soft tissue injury compensation should the store’s insurers approach you directly. In order to adequately establish how much compensation for a soft tissue injury you are lawfully entitled to, you should undergo a complete assessment by an experienced personal injury solicitor.
The pain you experienced when you slipped on the puddle should not be the only factor considered in your soft tissue injury compensation. Also included should be compensation for your “loss of amenity” – how your injury has affected your ability to perform everyday tasks, or how it has prevented you from participating in social or leisure activities that you previously enjoyed prior to your injury.
By engaging a solicitor to assist with claiming soft tissue injury compensation, he or she could evaluate your claim and ensure that any expenses you have incurred which can be attributed directly to your soft tissue injury – such as painkillers, or the cost of alternative transport if you cannot drive – can be recovered.
The percentage assigned to your contributory negligence would be deducted from the sum of soft tissue compensation you are found to be eligible for and you would receive the balance. However, as the compensation calculations can only be made after you have undergone an evaluation with an experienced legal professional, you are strongly recommended to speak with a solicitor at the first practical moment about your accident in the department store.