A foot injury is, as it sounds, an injury to an individual’s foot. Foot injuries can occur as a result of the following:
- A direct blow;
- Overuse;
- Stress; or
- A fall.
Whether or not an individual can sue another individual or company for their foot injury will depend on the facts surrounding the injury and the legal theory involved. Foot injuries occur when the soft tissues of the foot strain or tear or the bones in the foot break.
Symptoms of foot injuries may include the following:
- Bruising;
- Pain;
- Swelling;
- Difficulty walking on the affected foot.
In certain cases, a foot injury may affect other areas of an individual’s body, including areas that are located far away from the foot, for example, the spine or neck. Referred pain in other areas may occur when a foot injury affects the posture or natural motions of the individual, for example, standing or walking.
Foot injuries commonly occur in certain sports, especially contact sports or extreme sports. Foot injuries also commonly arise in the context of negligence and intentional tort contexts, including the following:
What Is Negligence?
Negligence is a legal theory that allows an injured individual to recover compensation for the carelessness of others. An individual is negligent if they are careless considering the circumstances of the situation.
In other words, negligence refers to an individual’s failure to exercise reasonable care that results in injury or damage to another individual. A court will determine the meaning of reasonable care by comparing the actions of the defendant to what a reasonable individual in the same or similar situation would do.
Negligence claims are commonly included in personal injury claims. In a negligence claim, the plaintiff must show that the defendant was negligent.
In order to prove this, the plaintiff has to prove the elements of negligence, which include the following:
- Duty;
- Breach;
- Causation;
- Damages.
How Can I Get Compensation for My Foot Injury?
How a plaintiff may be able to recover compensation for their foot injury will depend on the facts surrounding the injury. For example, an individual who falls, trips, or slips on another individual’s property may have a claim for negligence.
If an individual is injured as a result of a botched podiatric surgery or in a car accident, they may have a claim under the legal theory of negligence. An individual may also be able to sue for compensation if a defective product caused their injuries.
A defective product is a product that was defective when it was introduced on the market by its manufacturer in its:
- Design;
- Warning;
- manufacturing.
An individual may also sue for an intentional tort if they were injured as the result of another individual’s intent to harm them. For example, a foot injury can sometimes be a component of a battery claim.
If the injured individual is able to show that the defendant intentionally injured their foot without their consent, they may have a successful battery claim.
How Much Should I Settle for a Foot Injury?
In a personal injury case, a settlement is reached when the parties agree on an amount that will be paid by the defendant to the plaintiff for damages. Generally, this occurs outside of the court system, typically before or shortly after a trial begins.
Settlements typically end lawsuits before they begin or before a court rules on them. Because of this, settlement negotiations often save the parties both time and money on litigation costs.
The settlement process may start when one of the parties makes a settlement offer to the other side. In general, this can be done if it is clear that the other party will win or if the parties do not want to spend a long time in litigation.
Once a party receives an offer, the other party may do the following:
- Accept it;
- Reject it;
- Negotiate the amount.
In some cases, settlement negotiations may require mediation. The majority of personal injury cases are settled instead of being litigated in full.
A settlement agreement can be formed once the parties begin to agree on various aspects of the settlement amount. The agreement may be formed as negotiations proceed and the parties clarify what they want or need.
A settlement agreement may cover many issues, including the following:
- Compensation for economic losses;
- The payment of the various fees that are associated with the legal process;
- A provision stating whether or not litigation will still be an option in the future;
- Method, manner, and timing of the payments;
- Consequences for breaching the agreement.
Once the agreement is finalized, it will serve as a contract between the parties that secures their interests in the settlement amounts. In order to make the agreement legally binding, it can be presented to the judge.
However, it is important to note that a settlement offer may result in less money being awarded to the plaintiff. If a settlement offer covers the plaintiff’s losses, they may choose not to go through the ordeal of a full trial.
Who Is Allowed to Make a Settlement Offer?
It is typically up to the parties whether or not they want to initiate a settlement. If, however, a trial has already begun and there are lawyers representing both parties, the parties will typically only be able to communicate through their lawyers.
Any settlement offer, negotiation, or acceptance of an offer would require the presence of a lawyer. It is important to note that if a settlement negotiation occurs before a trial begins, it cannot be used as evidence.
Why Should I Settle My Case?
An individual may be required to compromise on the amount of their award depending on the strength of their case. Settlements can be relatively fast and predictable.
It may be possible for a court case to result in a larger award. However, the outcome of a trial is not guaranteed, and it may take years for the plaintiff to get their money.
Even if a plaintiff wins in court, the defending party will have the right to appeal, which can make the case last even longer. The proceedings in court will be public record.
A settlement negotiation is a way for a plaintiff to avoid public scrutiny of their injuries and personal life during the trial.
What if My Foot Injury Happened at Work?
If an individual’s foot is injured while they are at work, the injury may fall under workers’ compensation. In these types of cases, an employee may have to file a workers’ compensation claim.
If the individual’s claim is approved, the employee will receive financial compensation, which may include reimbursement for their medical bills and temporary disability payments. The amount an individual receives may depend on several factors, including the following:
- The severity of the injury;
- Company policies;
- State laws;
- Whether the employee had previous similar injuries.
Do I Need a Lawyer for Assistance with a Foot Injury Lawsuit?
A foot injury can be very serious and may affect your ability to perform everyday tasks or earn your wages at work. If you have suffered a foot injury, it is important to consult with a personal injury lawyer.
Your lawyer can help you file the appropriate claim for your injury and, if necessary, help you pursue the compensation you need in court.
