Visitor Question

Out of Work Due To Broken Thumb…

Submitted By: Brad (Indianapolis, IN)

I was bending down to pick something up off the ground. At the same time someone decided to kick what I was picking up and kicked me in the thumb. I waited overnight to see if the swelling would go down, but it didn’t. When I went to the hospital they said that he fractured my metacarpal (the base) of my thumb and they had to put a cast on it.

I go to school and work. I can go to school and learn, but when I went to work the night after it happened, it hurt to do anything. I was only able to work for a couple hours. In the next couple of days I’m most likely going to be out of work because of this incident.

When I confronted the guy and asked for compensation, he just laughed at me and he said, “Well, you’re just going to have to sue me.” I don’t know what I’m going to do. I have a family I have to support and with me being out of a job we’re just not going to make it. What should I do?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Brad,

You can consider suing him in one of Indiana’s Small Claim’s Courts. Indiana has a jurisdictional limit (maximum amount) a person can sue for in Small Claims Court. That amount is $6,000.00 dollars.

From the facts you present it is likely your medical bills will not exceed that amount.

If you want to persist in your claim against the person you believe is at fault, contact your local Small Claims Court.

Depending upon in which county you live in the filing fee can be different. If you win your lawsuit the filing fee will be added to the amount of the judgment the court awards you.

You must consider the circumstances of your injury. It sounds like the other person wasn’t being malicious or negligent. Without malice or negligence it will be difficult to prevail in your case. It would be best to give the matter a good deal of thought.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 17, 2011

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