Might be easier to just delete the trash directory all together. First get out of your trash directory:
cd ~/
Then copy and paste:
rm -R ~/.Trash
followed by
killall Finder
exit to end terminal and quit, see if this was the fix.
If it complains that you don't have permission to delete that, then that's probably the problem. You can then add "sudo " to the beginning of that command
sudo rm -R ~/.Trash
at which point you'll get a password prompt and it should delete it no matter what.
Once you've removed the .Trash folder, it should re-create automatically if you either log out and back in, or use the force quit dialogue to re-launch Finder as stated above. You could also use
mkdir ~/.Trash/
to manually recreate it if it doesn't get created automatically.
In either case, I'd also open Disk Utility and run "Repair Permissions"--it may not help, but if the trash is screwed up something else might be, and it certainly won't hurt anything.