Can I make a compensation claim for slipping on a dirty floor in Aldi for an injury to my neck if I didn’t see a doctor for 4 days? I only went to the doctor when I started getting terrible headaches and neck pain.
You should be entitled to make a compensation claim for slipping on a dirty floor in Aldi, provided the accident in which you injured your neck was caused by the negligence of the grocery store staff, and if there was a failure in the duty of care to keep you ‘reasonably’ safe while visiting the store. A delay of four days in visiting a doctor is unlikely to prevent you from being able to make a claim, although it can affect the amount of compensation for a slip and fall on a dirty floor in Aldi you will be entitled to recover if you exacerbated your injury in the meantime by your own lack of care.
Injuries sustained in a slip and fall are not always immediately apparent, especially when damage is caused to the muscles and ligaments in the neck and shoulders. Injuries to soft tissues in the neck and shoulders (often referred to as whiplash injuries) can take a number of days to appear, and many people do not visit a doctor for a check up immediately after an accident in the belief that they have not sustained any serious injuries.
Unfortunately, if immediate medical attention is not sought for whiplash injuries, further damage can inadvertently be caused to the ligaments and muscles in the neck. When you make a compensation claim for slipping on a dirty floor in Aldi, the grocery store’s insurance company may view the delay in visiting a doctor as negligence on your part. In legal terms this is known as ‘contributory negligence’.
If it can be established by the insurance company that ‘on the balance of probabilities’ you have contributed to the severity of your injuries by failing to seek immediate medical attention, it is likely that the insurer will seek to reduce the amount of compensation for a slip and fall on a dirty floor in Aldi to take your contributory negligence into account.
The best course of action to take is to consult a lawyer for legal advice. You should explain how you slipped on a dirty floor in an Aldi grocery store, the actions you took immediately afterwards, any pain or discomfort you experienced prior to visiting a doctor and the diagnosis you were given after you had your medical examination.
A lawyer will assess whether you are entitled to claim for having slipped on a dirty floor in an Aldi grocery store and compensation amounts will be calculated based on the severity of your injuries. Contributory negligence will be assessed, and you will be given an indication of how much of a reduction is likely to be sought by the insurer. You can then decide if it will still be worth your while to make a claim.