A common injury that is often suffered as a result for different types of accidents is a wrist injury. If you have a personal injury case that involves a wrist injury you may be wondering how that specific injury will impact the value of any settlement or court award that you may receive. This article will discuss some key considerations when attempting to value a wrist injury claim.
There are a number of different types of wrist injuries that vary by way of severity. Some common wrist injuries that form the basis of a personal injury claim or worker’s compensation case include the following:
- Stretched or torn ligaments (sprains)
- Fracture of the radius or ulna or other broken bone
- Repetitive movement injuries such as Carpal Tunnel Syndrome and wrist tendinitis
Valuing a case basically means coming up with a potential guess as to what the jury might award the plaintiff suing for a wrist injury. There are a number of factors that must be taken into consideration when valuing a wrist injury case. Some of these factors include the following:
- What is the defendant willing to pay
- What the plaintiff expects to be paid
- The extent of the plaintiff’s damages - how bad is the injury?
- The likelihood of the jury finding the defendant liable if the case goes to trial
Estimating how much the plaintiff might receive is difficult because at trial it is likely that a jury ultimately will decide just how much money the defendant will be ordered to pay the injured plaintiff. Some damages are easier to predict because they have fixed monetary values; for example, medical bills and lost wages are typically based on the amount the plaintiff has paid or lost, or will continue to pay or lose. Other damages are harder to predict as they do not have a fixed monetary value associated with them. For example, pain and suffering and loss of quality of life. With respect to loss of quality of life, if a very active person who enjoyed participating in a number of different sports and outdoor activities, such as tennis and mountain climbing, suffers a partially disabling wrist injury, the damages based on loss of quality of life are likely to be higher in the eyes of the jury compared to a relatively inactive plaintiff. Additionally, if the wrist injury prevents a plaintiff from making a living, the defendant could be liable to pay the full extent of lost wages or diminished earning capacity. On the other hand, if a previous injury suffered by the plaintiff makes him or her more susceptible to re-injury, it is likely that the plaintiff’s damages may go down.
Another important element is the likelihood of the defendant being found liable for the plaintiff’s injuries. If the plaintiff has little or no evidence to prove that the defendant was at fault for the plaintiff’s wrist injury, the value of the case will go down considerably. For legal advice and representation in valuing a personal injury find the best accident lawyers.