Losing a limb is a life-altering event that can change the way victims approach their daily activities and even impede them from working. This is why it is considered a catastrophic injury and why victims are often entitled to compensation.
What Is a Catastrophic Injury?
Legally, a catastrophic injury is a type of injury that permanently disables a person to a degree that affects their ability to carry out normal daily activities such as work. These injuries often change the victim’s life forever. These include brain damage, spinal injuries, and also loss of limbs.
The law recognizes that these injuries are life-altering and provides victims with an opportunity to seek compensation from the party that caused their injury. Given the lifelong repercussions of catastrophic injuries, compensation for these types of injuries can cover long-term costs such as medical bills and lost wages.
Common Causes of Limb Loss and Amputation
In 2019, there were approximately 13 million incidences of traumatic amputations globally. Many types of accidents and negligence can lead to an amputation. The main cause of these amputations was exposure to mechanical forces, such as heavy tools and machinery. After that, falls, road injuries, animal contact, and other unintentional injuries were the most common.
Falls
Falls from heights or slips can severely harm a person’s limbs. If the damage stops blood flow or is too severe, doctors may need to amputate the limb to save the victim’s life. In fact, falls are the second most common cause of traumatic amputations.
For people over 60, falls are the most common cause of amputation by a large margin. As people grow older, they become more vulnerable to this type of injury. An unexpected fall can become a much larger problem for people in this age group than for young individuals. As people age, bone mineral density decreases, making older folks more susceptible to injury. Plus, underlying health problems can make it harder to recover.
Car Accidents
Car crashes commonly result in catastrophic injuries. The force from a crash can cause parts of the car to collapse inwards and crush or severely damage limbs. Sometimes, doctors cannot save the injured limb, and this leads to amputation. Road injuries are in the top five most common causes of amputations.
Workplace Accidents
Limbs can get caught or crushed in workplace machinery, especially in construction and manufacturing workplaces. This often happens in factories or when using heavy equipment, and injuries can be so bad that amputation is necessary. As mentioned above, mechanical forces are the most common cause of traumatic amputation. Employers need to take all the necessary measures to protect the safety of their workers. In addition, proper training and caution should be exercised whenever machinery is involved.
Animal Contact
Unfortunately, animal contact is also one of the most common causes of traumatic amputation incidences. Infections can turn a simple bite into a much bigger issue. This is because animals carry harmful bacteria in their mouths and on their claws that can infect an open wound. In fact, after a bite from a cat, the rate of infection is up to 50% and up to 20% for dog bites.
Defective Drugs or Medical Devices
Some medical devices or drugs can lead to infections or tissue death. If the damage is too great, amputation may be the only solution. For example, the diabetes drug, canagliflozin has been linked to an increased risk of amputation. In fact, a study showed that when taking this medicine, amputations happened twice as often as in people who weren’t taking it.
Compensation for Amputation or Loss of Limb
Legal compensation for amputation or loss of limb aims to cover costs and losses. This includes:
- Medical bills
- Future care
- Tools to help with daily tasks
- Prosthetics
- Lost wages
- Earning ability
The goal of compensation is to help victims recover and adjust to life after loss. The compensation process starts with proving fault. This means showing another person or entity was responsible for the injury. Lawyers gather evidence and work to negotiate with the involved parties, advocating for victims in court if necessary. The amount awarded depends on the victim’s losses, expenses, and the injury’s impact on their life.
Courts consider many factors in deciding compensation. For example, they look at pain, suffering, and how an injury changed the victim’s life. They also consider age, career impact, and current and future care needs. All of this is considered to provide fair support for the victim’s future.
Proving Negligence
To prove negligence in an amputation case, lawyers must show four things. First, the plaintiff must prove the defendant owed them a duty of care. This means the defendant was legally obligated to act as a reasonable person would under the circumstances. Second, the plaintiff must show the defendant breached this duty by acting carelessly.
Next, the plaintiff must show the defendant’s breach of duty caused their injuries. Lastly, the plaintiff must show that they suffered damages they can be compensated for because of their injuries. This includes medical costs, pain, suffering, and lost wages.
Evidence, such as medical records, witness statements, and expert testimony, is key in proving these points. Experienced attorneys have the knowledge and skills needed to build a strong case that is supported by evidence. Without a strong case, compensation might not cover long-term expenses that are critical for people dealing with this type of injury.
Getting Fair Compensation
Victims of amputations caused by a third party may be entitled to compensation. This type of catastrophic injury will have a large impact on a person’s well-being. In most cases, a victim will require ongoing treatment, therapy, and equipment such as a prosthesis or wheelchair. The costs of these catastrophes are high, and victims deserve fair compensation to alleviate the financial and mental burden of the injury.
