Ankle injury lawsuits typically fall under personal injury law when they may arise from an intentional tort or another person's negligence. Ankle injuries are common injuries in cases involving premises liability claims, motorcycle or vehicle accidents, sports accidents, slip and fall cases and other situations.
Some types of ankle injuries can be relatively severe and may require surgery. These types of injury cases can cause a person to be debilitated for several weeks or even months.
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What Types of Ankle Injuries 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:
- Limited movement;
- Pain; and/or
- Various other ankle-related conditions.
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; and
- Owes damages to compensate for the accident.
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; and
- The plaintiff was injured by the defective product while using the product properly.
In these types of product defect cases, it can often happen that many people get injured from the same product. In such cases, the product might be subject to a recall, and class action lawsuits can also result.
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; and
- Inconveniences suffered by the plaintiff, such as lost wages and an inability to care for their children or spouse.
In an ankle injury lawsuit, the 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. For instance, if the injured person contributed to their own injury through negligence, it might affect their ability to recover damages.
Do I Need a Lawyer for an Ankle Injury Lawsuit?
It can be complicated and confusing to obtain financial compensation for your ankle injury. You may need to contact a personal injury lawyer to understand more about your potential claim and filing a lawsuit. Your attorney can provide you with assistance for your ankle injury claim.