What is an Injury Claim for Falling in a Tesco Store?
If you were to sustain an injury in Tesco due to falling over an avoidable hazard for which you were not at fault, you may be eligible to make an injury claim for falling in a Tesco store. A fall in a Tesco store injury claim for compensation is a legal civil action which can be made against Tesco when the store has a responsibility for your health and safety and has failed in its “duty of care” to prevent a fall in the store which has resulted in you sustaining an injury.
What is meant by Tesco´s “Duty of Care”?
In order to successfully claim compensation for falling in a Tesco store, it has to be proven that Tesco was negligent by failing to identify a risk of injury and have it removed, repaired or cordoned off and clearly indicated as a hazard; and that their negligence in failing to do that resulted in you falling and sustaining an injury. This breach in their duty of care makes Tesco liable for your injuries and gives you the right to make an injury claim for falling in a Tesco store.
However, Tesco´s duty of care is not always “absolute”. This means that if the hazard which led to your fall had only recently materialised – such as if you fell over an item of shopping which had only just dropped from a shopper´s basket – and Tesco´s staff did not have a reasonable period of time in which to identify and rectify the hazard, it may not always be possible to injury claim compensation for falling in a Tesco store. For this reason, it is always in your best interests to discuss a falling accident in Tesco with a solicitor at the earliest practical opportunity.
Your Health Comes Before an Injury Claim for Falling in a Tesco Store
When making an injury claim for falling in a Tesco store, in addition to establishing that Tesco was in breach of its duty of care, it is also important to prove that your falling accident in Tesco resulted in an injury. Consequently it is vital that, after sustaining an injury in a falling accident in Tesco, you receive professional medical attention as soon as possible.
By visiting a hospital or your family GP, the injuries that you sustained due to your fall in Tesco will be recorded in your medical notes along with any ongoing treatment or long term consequences to your health. The administration of first aid at Tesco – or when you returned home – is insufficient proof that an injury has occurred when making a Tesco store fall injury claim for compensation.
Making an Injury Claim for Falling in a Tesco Store
Once it can be determined that you have suffered an injury in a fall due to the Tesco´s negligence and established that the store was in breach of its duty of care, you can make a compensation claim for falling in a Tesco store. The procedure for making a Tesco store fall injury claim for compensation is that your solicitor will write to Tesco, advising them that you are making a injury claim for falling in one of their stores, and Tesco – or more frequently, their public liability insurers – then has 90 days to conduct their own investigation into your fall in a Tesco store and advise your solicitor whether they will accept liability for your injuries.
If liability is accepted, your solicitor will liaise with the store´s public liability insurance company to obtain the maximum possible settlement of compensation for falling in a Tesco store. Should liability for your injuries from falling in Tesco be contested, your solicitor will issue court proceedings – an action which often initiates an offer of compensation for a fall in a Tesco store from their public liability insurance company who may be reluctant to take a chance on the outcome of your Tesco store fall injury claim for compensation and keen to save money on potential court costs.
As an offer of settlement for your injury claim for falling in a Tesco store may be made to you directly by the insurance company, it is advisable to be aware of how much compensation for falling in a Tesco store you may be entitled to, in order that you do not inadvertently accept an inappropriate offer.
How Much Can I Claim for Falling in a Tesco Store?
How much compensation for falling in a Tesco store you will be entitled to receive will depend on the nature and severity of your injury in relation to your age, sex and general state of health prior to your falling accident. The way in which the injuries from your fall affect your quality of life will also be taken into account, and it is advisable that you maintain a diary in order to record the occasions when you are unable to perform day-to-day tasks or participate in leisure and social pursuits as a consequence of your fall in Tesco.
Any expenses you have incurred for medical treatment can be recovered in an injury claim for falling in a Tesco store, along with any costs for alternative forms of transport if you are unable to drive and any loss of earnings if the injuries you sustained due to falling in Tesco prevent you from working. Consequently, no two injury claims for falling in a Tesco store are the same – even when the injuries sustained are identical – and this is one of the primary reasons why you should always seek professional legal advice when you wish to injury claim compensation for falling in a Tesco store.
“No Win, No Fee” Injury Claims for Falling in a Tesco Store
Most solicitors will offer a free initial assessment of your personal situation and advise you whether you have an injury claim for falling in a Tesco store which is worth your while to pursue. Should you have a fall in Tesco store injury claim which has a strong probability of success, you will be offered legal representation on a “No Win, No Fee” basis.
A “No Win, No Fee” injury claim for falling in a Tesco store enables you to pursue compensation for your injuries without having to worry about solicitor´s fees if your fall in a Tesco store injury claim is unsuccessful. However, as you may be liable for Tesco´s legal fees if your case is lost, solicitors offering a “No Win, No Fee” injury claim for falling in a Tesco store will want to know about any legal fees insurance you have connected with a home contents or car insurance policy and advise you to take out additional protection if it is considered to be necessary.
Free Legal Advice about Injury Claims for Falling in a Tesco Store
If you, or somebody close to you, have been injured due to a fall in a Tesco store, you are invited to call our freephone service and discuss the circumstances of your fall in Tesco accident directly with an experienced public liability solicitor. Our solicitor will provide you with practical and helpful advice which is relative to your personal circumstances and answer any questions you may have about making an injury claim for falling in a Tesco store.
There is no obligation on you to proceed with an injury claim for compensation for falling in a Tesco store once you have spoken with us and all conversations between yourself and our solicitors are completely confidential. We would recommend that you speak with us as soon as possible after you have received professional medical attention for your fall in Tesco injuries to maximise the likelihood of a successful injury claim for falling in a Tesco store.