a full service legal team DEDICATED to personal injury
we earned the trust of thousands by doing everything we can to get what they deserve
Losing a limb is one of the most devastating consequences of an accident. Not only are limbs essential for many everyday activities, but they are part of our identities. In other words, losing a limb can often feel like losing a part of ourselves. That is why suffering from an amputation because of the negligence of another party can be a devastating experience. Hiring an amputation injury lawyer can help you seek the compensation you deserve.
An amputation injury, also known as a loss of limb injury, means losing a limb or digit in an accident. These injuries can be partial or complete, as some accidents can result in the partial loss of an extension of the body. These injuries are not planned, as some amputations can be, which is why they tend to be particularly devastating for the victim.
Amputations might be more common than you think. They are not uncommon consequences of severe accidents. Some noteworthy amputation facts and statistics include:
There are two broad categories of amputation injuries: upper and lower body. Each type has unique complications and considerations, depending on the location of the lost limb.
Upper-limb amputations refer to the following:
Losing an upper limb could complicate everyday activities, like driving, cooking, brushing teeth, dressing oneself, and more. The severity of the amputation will impact the future quality of life of the victim, which should be reflected in any financial award or settlement.
Lower-limb amputations refer to the following:
Amputation injuries commonly occur after particularly severe accidents. Some of the most common causes of amputation injuries include:
Car, motorcycle, and truck accidents can sometimes be devastating enough to result in the partial or full removal of a limb. Sometimes, the crash itself will detach the body parts. In other cases, the crash may result in severe injuries that require surgical amputation after the accident.
Accidents in dangerous industries, such as construction sites, oilfields, refineries, and offshore industries, often result in partial or complete amputations. Depending on the circumstances of the accident, victims may be able to seek compensation through a workers’ compensation claim or a workplace accident lawsuit.
Amputations are often necessary when other conditions like cancerous tumors, sepsis, diabetes, or other chronic diseases are present. However, doctors can sometimes misdiagnose patients and wrongfully perform amputations, resulting in a negligent loss of limb. When this happens, you may seek compensation from your medical professionals for the negligent amputation of your limb or digit.
Third- and fourth-degree burns can be extremely difficult to treat. Unlike surface-level burns, these burns affect the muscles and bones underneath the skin. Amputation may be necessary when the burn has caused irrevocable damage to the limb.
Improper maintenance of stairs, elevators, or garage doors could result in catastrophic injuries, including amputations.
Victims of amputation injuries should be able to obtain fair and swift compensation. Suppose you are considering an amputation injury lawsuit to recover damages for your injury. In that case, you first need to prove that another party is responsible for your injuries. Establishing negligence in personal injury law involves the following four elements:
The first step towards obtaining compensation is proving that another party owed you a duty of care. For example, drivers on public roads must follow traffic laws and behave in a way that reasonably ensures the safety of others.
Once the duty of care is established, you must show that the other party breached it. You must show that the other party engaged in negligent behavior that caused the accident. For example, proving that a driver was driving while intoxicated when the accident occurred could help prove the breach of duty.
You must establish a direct connection between the accident and the injury. For example, you must show that the car accident caused your amputation.
You must provide evidence for all the damages incurred from the injury. This includes damages directly related to your amputation, including medical bills, lost wages, reduced earning capacity, pain and suffering, loss of enjoyment of life, and more.
Proving all four elements of negligence will allow you to seek compensation for your amputation injury.
If you suffered an amputation injury due to the negligence of others, then you are entitled to seek compensation for your damages. Three main categories of damages are available for amputation victims: economic, non-economic, and punitive.
Economic damages provide financial compensation to injury victims for easily quantifiable damages. These damages typically come with a receipt or price tag, or can be otherwise easily valued. Some examples of common economic damages in amputation injury cases include:
Non-economic damages are subjective damages associated with the amputation injury. These can be much harder to calculate as they are intangible damages, so the circumstances and severity of your accident will impact how much compensation you can recover. Some of the most common types of non-economic damages in amputation injury cases are:
Finally, punitive damages may be available in cases of extreme negligence. In these situations, the court may choose to award punitive damages to the victim to punish the negligent party for engaging in particularly egregious negligent behavior. However, these are only available in extraordinary circumstances. Consult an experienced amputation injury attorney to see if punitive damages may be an option in your amputation injury claim.
Amputation injury accidents tend to be complex, and multiple considerations will impact how much compensation you can receive from your personal injury claim. Some of the factors that can determine how much compensation is available after your amputation injury are:
Losing a limb can have profound effects on a person’s life. When you suffer from an amputation in a catastrophic accident, you need time to understand how the injury will impact your life. Knowing the full extent of your injury will allow you to obtain adequate compensation for all damages incurred. Depending on the severity of your amputation, you should be prepared for:
Here are answers to some of the most common questions regarding amputation injury lawsuits.
The statute of limitations for amputations varies from state to state. In Texas, injury victims have two years from the date of the accident to file a personal injury lawsuit. In Louisiana, injury victims only have one year from the date of the accident to begin the claims process. It is extremely important to contact a skilled amputation injury lawyer as soon as possible, as missing one of these deadlines could forfeit your right to pursue compensation.
The moments immediately after an accident can be crucial for your health and future stability. If you were injured in an accident involving an amputation injury, you should:
Working with an experienced amputation injury lawyer can help you maximize your chances of obtaining full compensation for your injuries. Some of the benefits of hiring an amputation lawyer include:
Yes, you can claim future medical expenses and adjustments to your lifestyle in an amputation injury lawsuit. These claims are an important part of ensuring you receive adequate compensation to cover long-term costs associated with your injury. They typically include compensation for:
To successfully claim these expenses, it’s crucial to have a comprehensive and well-documented case that includes expert medical testimony, detailed projections of future costs, and a clear demonstration of how the injury impacts your life. A personal injury lawyer with experience in handling severe amputation injury cases can help you accurately calculate and pursue these types of damages.
Although losing a limb can be a traumatic experience, seeking compensation does not have to be. Hiring the right amputation injury lawyer can help you maximize your compensation, allowing you to focus on bringing back normalcy to your life.
"*" indicates required fields
Morris & Dewett, LLC | Copyright © [year] | All Rights Reserved | Using This Website, Engaging Its Content, or Contacting The Firm Does Not Create An Attorney, Client Relationship | Privacy Policy
