Although many people make the mistake of thinking that these types of injuries are minor, they can be debilitating and take a significant toll on accident victims’ quality of life. Recovery often entails time away from work, physical rehabilitation, and a big enough bank account to pay down thousands of dollars in medical bills.
However, you may not have to pay out-of-pocket for your recovery.
If you or a loved one sustained a severe joint or dislocation injury that was not your fault, you could be entitled to significant compensation. Read more to learn about your legal rights, or contact the Dietrich Law Firm P.C. today to schedule your free consultation.
Joint And Dislocation Injuries
A dislocation is an injury that forces the bones in a joint out of position.
As a general rule, dislocation-type injuries involve larger joints and bones. For adults, the most common site of injury is the shoulder; in children, it is the elbow. However, almost any other joint can be dislocated, including those that make up your thumbs, toes, and fingers.
Joint injuries have a number of potential causes. Still, they can typically be attributed to an obvious source of physical trauma; most people who experience a dislocation know where, when, and how the injury occurred.
Some of the most common causes of dislocation injuries include:
- Slip-and-fall accidents;
- Car crashes and other motor vehicle collisions; and
- Accidental contact sport.
Since dislocations usually involve physical trauma, other parts of your body could be injured, too. Aside from being painful, dislocated bones can also strain and tear nearby muscle tissue, as well as damage adjacent nerves, tendons, and blood vessels.
Can I Sue For A Joint Or Dislocation Injury?
Anyone who sustains a serious injury or other significant losses due to an accident that was not their fault could be entitled to compensation. Depending on the circumstances of your accident, you may be eligible to file:
- A personal injury lawsuit against a negligent person, business, or other entity;
- A premises liability lawsuit against a negligent landlord, supermarket, or property manager; and
- A product liability lawsuit against the maker or manufacturer of a defective product that caused your fall.
Different types of lawsuits require different kinds of evidence and are held to different legal standards. If you are not already familiar with the personal injury lawsuit process, an attorney could give you an overview of your options and help assess your damages.
An important note on personal injury claims: since New York is a no-fault insurance state, injured motorists are expected to obtain compensation from their insurer before filing a lawsuit. This typically requires proving that you sustained a “serious injury,” such as a dislocation that caused you to miss work or school for a prolonged period.
Your Potential Damages In A Personal Injury Lawsuit
The term “damages” refers to compensation for different types of hardship and loss.
The most frequently awarded damages in personal injury lawsuits include compensation for:
- Your existing medical expenses;
- Physical rehabilitation;
- Reconstructive surgery;
- Lost income and diminished earning potential; and
- Physical and emotional pain and suffering.
New York does not cap compensation in most personal injury claims, which means that you could obtain as much money as you need to begin rebuilding your life, provided that you act fast, before the statute of limitations has a chance to run out.