Can I Receive Compensation for a Wrist Injury in Illinois?

 Posted on November 28, 2019 in Personal Injury

Many people may not think a wrist injury would be that serious. Injuries sustained to the hand or wrist are not typically considered life-threatening. However, any injury to a body part can have devastating consequences. For example, if a person breaks or fractures his or her wrist, he or she may not be able to continue working depending on the industry or profession. Someone who uses his or her hand every day to perform essential job duties will likely not be able to return to the same occupation after a wrist injury. Some of the more common causes of wrist or hand injuries include falling or car accidents. Regardless of how someone suffers such an injury, it may be possible to seek damages for medical bills or lost wages.

Incidents That Can Cause a Wrist Injury

Wrist pain can be caused by sprains or fractures as a result of an accident, but it can also be due to repetitive motion or use. Because the wrist is a joint, it can take a long time to heal and may require extensive physical therapy or even surgery. In some cases, muscle or nerve damage can be permanent. Below are the ways in which a person can suffer a serious hand or wrist injury:

Car accident: During the impact of a car crash, a driver’s hand can become pinned in between the steering wheel and dashboard, crushing the bones of the wrist.

Slip and fall: When someone trips and falls, the first instinct is to put out his or her hand to brace the impact. The force of an individual’s body weight onto a wrist can cause it to break or fracture, especially when losing his or her balance on a hard surface such as pavement.

Carpal tunnel syndrome: Constant use of the wrist such as typing or using a mouse on a computer can lead to ailments such as carpal tunnel syndrome, which is increased pressure on the median nerve.

Proving Negligence for Wrist Injuries

Negligence is defined as the failure to use reasonable care, either by action or inaction, depending on the circumstances. Determining who is liable for any personal injury can be difficult, but there are a few important steps a victim can take. It is important to document the accident scene as well as the injury by taking photos or video if possible. Keeping copies of medical records or doctor visits is also essential to a personal injury case.

In general, there are four elements regarding proving negligence in Illinois:

• The defendant owed the victim a duty of reasonable care.
• The defendant broke this duty during the accident.
• The victim suffered injuries as a result of the defendant’s action or inaction.
• The defendant’s breach of duty caused these injuries.

In vehicle collisions, one driver may have been driving recklessly or intoxicated, which directly caused the accident. In situations where a victim falls, the property or business owner may be held liable if he or she did not provide a safe environment. For instance, no handrails were installed on a staircase or ice was not removed from a sidewalk during the winter.

Under Illinois law, comparative negligence refers to if the injured party has partial fault in the accident, he or she may still recover a portion of damages, usually with respect to the percentage of fault.

Contact a DuPage County Personal Injury Lawyer

A broken or fractured wrist can result from a slip and fall or an auto collision. This type of injury can have lasting effects and impact a person’s ability to work. If you or your loved one hurt your wrist, you may be entitled to compensation if it was due to another person’s negligence. A diligent Wheaton car accident attorney will carefully review the circumstances of your case to determine liability for your pain and suffering. Call the Law Offices of David W. Clark, P.C. today at 630-665-5678 to schedule your free consultation.

Sources:

https://www.mayoclinic.org/diseases-conditions/wrist-pain/symptoms-causes/syc-20366213

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2375&ChapterID=67