Is it still possible for me to make a footpath accident injury claim even if I did not visit the doctor until a week after my accident?
Making a footpath accident injury claim will be possible if you have fallen victim to the negligence of a third party who owed you a duty of care – however you may find that your overall compensation for a footpath accident can be reduced to reflect your own negligence if there has been an unacceptable delay in seeking medical attention for your injury. You may be entitled to seek some compensation for your injury from a footpath accident, as the third party in question may have failed to perform their duty of care towards you. However it may be determined that contributory negligence has been a factor in your accident on a footpath, and for this reason a claim should not be made without first consulting a personal injury solicitor.
To strengthen your footpath accident injury claim, your immediate priority should have been to seek medical attention for your injuries. By having your injury from a footpath accident assessed by a doctor at the earliest possible opportunity following your accident – either through an emergency appointment with your GP or through the accident and emergency department of your nearest hospital – you can take necessary measures to prevent the possible further deterioration of your injury. This should be done for the sake of your health as regardless of the amount of compensation you may be entitled to claim, it will not be worth the impact that a long-term injury may have upon your life. By seeking medical attention, you are also strengthening the possibility that you will receive your full entitlement to compensation for a footpath accident.
For this reason, a footpath accident injury claim could be affected if there was an unjustifiable delay in seeking medical attention for your injuries. Following an accident, it may appear that you did not sustain a serious injury from a footpath accident and you may consider that you do not require medical attention for your injury. However this may not be the situation, and even if you believe you escaped unharmed – or only sustained a minor injury – there is a danger that this could deteriorate into something far more serious which timely medical intervention could have averted. If this occurs, your compensation for a footpath accident could be reduced to reflect your own lack of care towards your health.
Claiming compensation for an injury from a footpath accident may still be possible if contributory negligence is a factor – however you may find that your compensation may be reduced to reflect your own negligence. For instance, if you are considered to be 30% liable for the extent of your injuries, you may only be entitled to 70% of your compensation for a footpath accident. If you suspect you may have contributed to the extent of your accident on a footpath, you are advised to contact a personal injury solicitor at the earliest opportunity. A solicitor can assess your claim, determine liability, calculate the compensation you may be entitled to claim and advise you on whether your footpath accident injury claim is worth pursuing further.
