May I claim thumb injury compensation if I slipped in a furniture store but was not examined by my doctor until a week later?
You will not be automatically disqualified from claiming thumb injury compensation for the injury sustained when you slipped in the furniture store, but the amount of compensation you may be eligible for could be reduced. Even if the store accepts that their duty of care was breached when they failed to provide you with a safe shopping environment, the business’s insurers may argue that you contributed to the severity of your thumb injury by neglecting to seek professional medical attention immediately after the accident occurred.
While the furniture store’s insurers may have a reasonable argument, you should not accept any direct offer of compensation for damaged thumb until the full details of your case has been evaluated by a personal injury solicitor who can determine how your contributory negligence has affected the severity of your ligament injury and to assess your degree of incapacity and how your thumb injury has affected your quality of life.
The pain you experienced when you slipped in the furniture store should not be the only factor considered when calculating your thumb injury compensation. Your loss of amenity should be accounted for, i.e. the impact your injury has had on your ability to perform everyday tasks, and participating in social or leisure activities that you enjoyed prior to the accident.
When assessing your injured thumb claim, your solicitor could ensure that you are reimbursed for any costs you have incurred which are attributable to your injury. Such costs could range from medical treatment and any loss of earnings, to public transport fares if you can no longer drive your car.
After calculating the total amount of thumb injury compensation you are eligible for, you may be assigned a percentage blame for contributing to the deterioration of your thumb injury by delaying your visit to the doctor for a week after the accident occurred. This percentage would be subtracted from the original sum of compensation for damaged thumb and you should receive the balance.
You would be well advised to contact a personal injury solicitor at the first moment possible, as all calculations for your thumb injury compensation can only be made after you have undergone an evaluation by a legal professional.