Amputation Injury Lawyer: Everything To Know
Aug 23, 2023
Roughly 2 million people live with limb loss in the U.S., with an estimated 45% suffering amputation injuries from traumatic accidents such as traffic crashes, work-related accidents, and falls. Traumatic amputations are life-altering and can result in lifelong impairment. Aside from limb loss, amputation injuries can also harm one’s mental, emotional, and financial well-being.
Accident victims might have a valid personal injury claim if they suffered amputation injuries due to accidents resulting from another party’s negligence or wrongful act. However, amputation claims can be complex, and handling yours alone can be an uphill battle.
You need an experienced Wyoming amputation injury lawyer who can stand up against the individual, company, or corporation responsible for your injuries while you focus on recovery. An amputation injury attorney can help you and your family negotiate a fair loss of limb settlement with the involved insurance company or seek justice through trial to receive the compensation you rightfully deserve.
What Are Amputation Injuries, and How Do They Occur?
An amputation injury, also called an amputation or loss of limb injury, refers to the whole or partial removal of an upper or lower limb or extremities, such as a leg, foot, toe, arm, hand, or finger. Amputations occur when a limb or extremity is surgically removed to manage the spread of infection and pain, especially in the case of a wound that doesn’t heal.
Amputations may be necessary after a severe injury, such as a crush injury. However, wrongful amputations due to medical malpractice may occur when a medical professional:
- Misdiagnoses or fails to give a diagnosis for a condition
- Leaves a surgical tool or material inside a patient’s body during a procedure
- Uses contaminated tools or defective products for a procedure
The consequences of amputation injuries are often far-reaching since they may impact the careers and social lives of patients and the quality of life of their families.
Common Causes and Types of Amputation Injuries
While accidental amputations may occur, such as when using a lawn mower or farm machinery, some amputation injuries can result from accidents caused by the negligence of other parties. Individuals may experience traumatic amputations during traffic collisions, workplace mishaps, or even explosive accidents.
In other instances, underlying medical conditions that cause blood vessel damage or tissue damage may necessitate surgical amputation.
Below are the most common causes of amputation injuries:
Accidents involving cars, trucks, or motorcycles are among the leading causes of amputation injuries. An injured victim may lose a limb or extremity due to the impact typical of these accidents. Sometimes, a victim may sustain a catastrophic injury or irrevocable damage to their limb, making it necessary to amputate the affected part.
Individuals working in construction, mining, and offshore rigs are at constant risk of serious injury from potential accidents. Amputations by power tools, crush injuries from heavy machinery, or serious falls from heights are all possibilities in such workplaces. Due to the irreparable damage the injury causes, such accidents could result in a severed limb or require immediate surgical amputation.
Doctors often recommend amputating limbs or extremities for patients with conditions such as tumors, cancer, sepsis, diabetes, peripheral arterial disease, and chronic inflammatory diseases to prevent further infection or blood vessel damage in other body parts.
Despite amputation being necessary for such conditions, wrongful amputation may occur when a medical professional acts negligently during a procedure or in a missed diagnosis case, leading to limb loss. Medical professionals may be liable for your amputation injuries in such cases.
Unlike minor injuries, third- and fourth-degree burns are more difficult to treat and manage. These burns cause extensive tissue damage and may affect the muscles and bones underneath. In such cases, doctors may consider amputation as a last option if there has been extensive damage due to the burn.
Types of Amputation Injuries
Amputation injuries are broadly categorized as partial or total amputations.
Partial amputation occurs when there is severe damage to a part of a limb, but some tissue and bones remain intact. The damaged part is removed to prevent further infection or trauma.
Total amputation occurs when the entirety of the affected limb cannot be salvaged, necessitating its complete removal. Common types of amputation injuries include:
- Partial hand amputation
- Above-the-elbow amputation
- Below-the-elbow amputation
- Metacarpal amputation
- Elbow disarticulation
- Shoulder disarticulation
- Wrist disarticulation
- Partial foot amputation
- Below-the-knee amputation
- Knee disarticulation
- Above-the-knee amputation
- Hip disarticulation
- Ankle disarticulation
Some amputation injuries may involve double amputation, which is the removal of both legs, feet, hands, or arms.
Compensation for Amputation Injuries
If you have lost a limb due to another party’s negligence, you may have a valid amputation claim. You may file a claim seeking compensation for any losses incurred due to the negligence or wrongful act of the responsible party. Here’s a closer look at the types of compensation available, how compensation is determined, and how an amputation injury lawyer can help you.
Types of Compensation Available for Amputation Injury Victims
Amputation injury victims can receive compensation for economic and non-economic damages.
Economic damages are financial damages — determined by financial losses, charges, and expenses contained in documents — related to the aftermath of the accident and include the following:
- Medical expenses, including X-rays, surgery, and medications
- Lost wages
- Diminished earning capacity
- Occupational and physical therapy
- Prosthetic limbs
- Home modifications
- Out-of-pocket expenses
Non-economic damages are less concrete than economic damages — lack a specific dollar value — and account for the injured victim’s emotional distress, pain, suffering, and other very real but intangible losses. These damages may include:
- Pain and suffering
- Emotional and mental distress
- Loss of enjoyment of life
- Scarring and disfigurement
Factors Considered in Determining Compensation for Amputation Injuries
Every amputation injury case is unique, which means that recoverable damages are determined on a case-by-case basis. Some of the factors or issues considered when determining compensation for amputation victims include the following:
- Was another party entirely at fault, or was the victim partially responsible for the accident?
- What was the nature and extent of the injury?
- What is the projected recovery period for the amputation injury?
- Did the amputation injury result in permanent disability?
- Can the victim resume work after recovering from their injury?
Generally, partial liability in an amputation injury claim can reduce the value of damages available to the victim. Victims may also receive the maximum available damages if they don’t fully recover or are permanently disabled.
How an Amputation Injury Lawyer Can Help Maximize Your Compensation
Working with an amputation attorney can help protect your legal rights in your case and, most importantly, maximize your compensation. Your attorney can help identify all the liable parties in your case and hold them accountable for your injury, potentially maximizing your compensation.
By building a solid case against the responsible parties, your lawyer can negotiate with the involved insurance companies to get you the maximum possible compensation. If the insurance companies devalue your claim, your Wyoming personal injury lawyer can take the case to trial and fight for you to receive your deserved loss of limb settlement.
Choose the Right Personal Injury Lawyer for Your Case
At The Spence Law Firm, we believe in fighting for injured victims who, through the negligence or wrongful acts of another party, have had their lives and those of their families forever altered. Our personal injury attorneys have earned over $1 billion in verdicts and settlements and know how to get maximum compensation or win cases in court.
We don’t bill you unless we win your case. If you are struggling with mounting medical bills due to your amputation injury and fighting against the odds to receive compensation, call us at 800-967-2117 to find out how our amputation injury lawyers can help you and your family.
Meet with us.
If you are struggling with a serious injury, or are fighting against seemingly impossible odds against big corporations, insurance companies or the government, call us to speak with our team of trial lawyers who will fight for you. We take no fee unless we earn it by winning your case.