Ankle Injuries in Car Accidents
Injuries to the feet and legs are common in car accidents, whether they are side-impact, head-on, or rear-end crashes. Ankle injuries in car accidents can be painful and debilitating, and expensive to treat as well. In many cases, the impairments caused by such injuries are permanent. Usually, when collisions occur, someone will be deemed at fault, and negligent parties should be held accountable for the injuries that they cause. If you hurt your ankle in a car accident, you should speak to an attorney as soon as possible about your potential claims. The knowledgeable Boca Raton car accident lawyers at The Grife Law Firm are skilled at helping injured people protect their rights.
Ankle Injuries in Car AccidentsAccidents involving an extreme amount of force commonly cause ankle injuries. For example, when a car is struck head-on or from the side or behind, the impact can cause the vehicle's compartment to collapse, crushing a driver’s or passenger’s legs and feet, which can cause ankle sprains or strains and fractures. The nature and extent of ankle injuries may not immediately be evident following an accident, but symptoms of harm include pain with movement, swelling, tenderness, bruising, and deformity. In many instances, surgery involving the installation of hardware is required to repair ankle fractures. People with broken ankles may suffer from scarring, reduced mobility, chronic pain, and instability.
Proving Liability Following a CollisionPeople who suffer ankle injuries in car accidents may be able to recover damages in civil lawsuits. Victims cannot recover compensation unless they first prove liability, however. Demonstrating liability requires a plaintiff to prove that a defendant caused the accident and the plaintiff’s harm. This is typically done via a negligence claim. In Florida, establishing negligence requires a plaintiff to demonstrate that the defendant had a duty to act in a certain manner and that the defendant’s behavior constituted a departure from the duty. Examples of actions that may be considered a violation of the duty include speeding, driving while intoxicated, aggressive driving, and failing to yield. The plaintiff must then prove that the deviation from the duty led to the accident, and the accident caused the plaintiff to suffer actual harm.
Usually, the party named as a defendant in a car accident case is a driver involved in the accident, but in some instances, it may be an entity that manufactured or distributed a vehicle, or there may be multiple parties. In cases in which there is more than one defendant, Florida Statute 768.81(3) provides that the judge must enter liability against each party based on the party’s percentage of fault in causing the accident. This means that a judge or jury will determine who was responsible for causing the accident and to which degree, and any party deemed liable will be responsible for their proportionate share of the plaintiff’s damages.
In some instances, a defendant may attempt to diminish their fault by arguing that the plaintiff caused the accident. Even if a plaintiff is found to have contributed to causing a collision, though, he or she may still be able to recover compensation. Specifically, under Florida Statute 768.81(2), any fault attributed to a plaintiff will diminish the plaintiff’s damages award proportionately but does not bar recovery.
Consult a Capable Boca Raton Attorney About Your AccidentAnkle injuries are painful and can hinder people’s ability to work and enjoy life. If you sustained an ankle injury in a collision, it is advisable to consult an attorney to determine whether you may have a claim for damages. At The Grife Law Firm, our capable car accident lawyers proudly assist people hurt by the negligence of others in the pursuit of damages, and if we represent you, we will work tirelessly to help you pursue a just result. We represent people in car accident cases in cities such as Boca Raton, West Palm Beach, Miami, and Fort Lauderdale. You can contact us via our online form or at 855-998-0770 to set up a consultation.