With a personal injury claim, the plaintiff is asserting that they sustained an injury because of an act or a failure to act on the part of the defendant. Injuries may be physical, mental, or both.
A court or jury may award a plaintiff money damages for their personal injury. An example of a physical injury that may be the basis of a personal injury claim includes an injury to the following:
- An organ;
- A limb;
- Another part of the individual’s body.
An example of a mental health injury may include emotional pain and anguish that resulted from the accident. It is important to be aware that the injury does not have to manifest immediately but may develop over time.
In some cases, personal injuries may be the result of intentional actions. One example of this would be if a defendant injures another individual on purpose or if they intended to commit an act that resulted in an injury.
Personal injuries may also occur unintentionally. If an unintentional injury is the result of another individual’s negligence, a plaintiff may file a lawsuit based on that negligent behavior.
Common examples of cases involving negligence include the following:
Personal injury attorneys help individuals who have suffered from injuries obtain compensation for those injuries from the individual who caused them. Personal injury law, however, can be very complex.
It is important to note that personal injury law is a separate body of law from criminal law. When an individual files a personal injury lawsuit, it is filed in civil court.
In some cases, a criminal charge may also be filed separately based on the same incident if a criminal act occurred as well. Personal injury actions may fall into one of three main categories:
Each of these categories has its own set of elements that a plaintiff must prove to win their personal injury case.
Can I Sue for Wrist Injury?
There are approximately eight bones, called carpals, that make up an individual’s wrist. These bones support a tube that runs an individual’s wrist.
This tube is referred to as the carpal tunnel. It contains nerves and tendons.
If anything happens to the carpals or the carpal tunnel, it can be debilitating to an individual. Depending on the facts and circumstances surrounding a wrist injury, an individual may be able to sue to recover damages.
What Types of Wrist Injuries Can Occur?
There are many types of wrist injuries that an individual may suffer. The most common examples of wrist injuries include the following:
- Repetitive movement injuries, for example, wrist tendonitis or carpal tunnel syndrome;
- Tears or stretches to the ligaments;
- A broken wrist, which is a fracture to the ulna or radius.
How Can I Receive Compensation for My Wrist Injury?
An individual may be able to obtain compensation for their wrist injuries by proving the elements of a tort claim. The elements that the plaintiff will have to prove will depend on the tort their claim is based upon.
For example, a plaintiff may sue based on the theories of the following:
- Defective product; or
- Premises liability.
A plaintiff who is suing under the tort theory of negligence is required to show the following elements:
- The defendant owed the plaintiff a duty of care;
- The defendant breached that duty;
- The breach caused the injury; and
- The defendant owes damages to the plaintiff as a result of the injury they caused.
In a defective product claim, the plaintiff is required to show the following:
- The manufacturer placed the defective product on the market;
- The plaintiff used the product properly;
- The product’s defect caused the plaintiff’s injury; and
- The plaintiff’s injury was serious enough to warrant recovery.
Unemployment insurance benefits may be available to an individual who was forced to leave their job because of a permanent injury to their wrist. The individual would be required to meet all of the requirements in their state.
Depending on the laws of the state, if an individual faces a temporary layoff, they may also be able to collect unemployment benefits. Whether these are available will depend on the laws of the individual’s state, so it is important that they consult a local attorney for more information.
How Much Money Can I Get for My Wrist Injury?
The amount of money that a plaintiff receives in a settlement or personal injury claim, referred to as damages, will depend on the severity of their injury. The amount usually includes money to compensate them for their medical bills and their pain and suffering.
The total amount of damages may also depend on the plaintiff’s life before the injury. The damages amount may also include lost wages or loss of consortium, if applicable.
An attorney can help an individual maximize their damages awards if they file a lawsuit. An attorney is trained to properly present the best available evidence in these types of claims, as they are often complex and may involve expert medical testimony that can be difficult for juries to understand.
Is Workers’ Compensation the Same as a Personal Injury Claim?
No, workers’ compensation and personal injury claims are not the same. A workers’ compensation claim compensates the employee for a wrist injury that occurs at work, regardless of who is at fault for the injury.
In a workers’ compensation claim, the employee usually files a claim with their employer’s insurance company to receive compensation. On the other hand, if they file a personal injury claim, they may sue their employer or another employee directly and will be required to prove fault.
What Is the Statute of Limitations for Personal Injury Claims?
There is a statute of limitations, or deadline for when a lawsuit can be filed, in each of the categories of personal injury claims. Once the statute of limitations expires, the injured individual may not be able to bring a lawsuit and obtain compensation for their injuries.
These laws were enacted in order to preserve evidence and reduce the likelihood of false claims. It is important to be aware of the statute of limitations time frame that will apply to an individual’s case in order to ensure they do not lose out on the opportunity to obtain compensation.
The statute of limitations for different types of personal injury claims may vary by state. Because each state has its own statutes of limitations, it is important for an individual to consult with an attorney in their area to find out what applies in their case.
Should I Contact a Personal Injury Lawyer about My Wrist Injury?
If you have suffered a wrist injury, it is important to consult with a personal injury lawyer. Your lawyer can advise you regarding whether you can file a lawsuit and against whom it should be filed.
Your lawyer will be able to present the best case for compensation in a court of law and will represent you during any appearances. Having a lawyer on your case is likely your best chance and compensation for your injuries.