Ankle Injury Lawsuits
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Ankle Injury Lawsuits
Ankle injury lawsuits fall under personal injury law because they may arise from an intentional tort or another person's negligence. Ankle injuries are common injuries in premises liability claims, motorcycle accidents, and sports accidents.
What Types of Ankle Injures Are There?
The ankle is where the fibula and tibia of the lower leg attaches to the talus foot bone and ligaments. The tendons also attach muscles to the ankle’s joint. When an ankle is injured, the plaintiff may experience a:
Will the Defendant Be Found Liable for My Injury?
The likelihood the defendant will be found liable depends on the tort theory and evidence the plaintiff shows the court. For instance, in a negligence claim, the plaintiff must show the defendant:
- Owed a duty to the plaintiff
- Breached the duty to the plaintiff
- Caused the accident
- Owes damages to compensate for the accident
What If My Ankle Injury Was Work-Related?
A person cannot bring a personal injury claim for a work-related ankle injury unless the person was an independent contractor. Otherwise, the person is compensated for their ankle injury under a worker's compensation claim.
What If a Defective Product Caused My Ankle Injury?
An individual whose ankle was injured by a defective product may have a claim against the manufacturer. Suing a defendant for a defective product means proving:
- The manufacturer sold the product with a defect in its design, manufacturing, or warning
- The plaintiff purchased the product with the defect
- The plaintiff was injured by the defective product while using the product properly
How Are Damages Determined in an Ankle Injury Lawsuit?
The biggest factors in determining the “value” of an ankle injury depend on the extent of the plaintiff’s suffering, which include:
- The severity of the injury
- Recovery time
- Inconveniences suffered by the plaintiff, such as lost wages and an inability to care for their children or spouse
Can a Defendant Challenge My Lawsuit?
Yes, a defendant may have defenses available to them to limit or deny recovery. The defenses available depend on the type of tort claim and the circumstances surrounding the incident.
Do I Need a Lawyer for an Ankle Injury Lawsuit?
Yes, as it can be complicated and confusing to obtain financial compensation for your ankle injury. Contact a personal injury lawyer to understand more about your potential claim and filing a lawsuit.
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Last Modified: 02-16-2017 10:53 AM PST
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