The loss of a limb or body part is, without a doubt, extremely traumatic and is certain to have a major impact on the life of the amputee as well as their family, friends, and loved ones. After an amputation, life will certainly change very drastically and can be even more distressing if the amputation is the result of someone else’s careless or reckless actions. It is important that these injuries and the loss of a body part do not go without compensation, which is what a personal injury attorney will fight for.
1800-Injured will connect you with an experienced personal injury attorney who will take your amputation case and fight for the money that you deserve. Your injuries must be compensated for, and with the help of your lawyer, you will be able to present a clear and robust case to a judge and jury that covers all of the aspects of your injury that entitle you to financial compensation. Take a look below to learn more about amputations and personal injury lawsuits, and the types of damages that are typically sought in these situations. The sooner you contact 1800-Injured, the sooner we will connect you with the attorney who will get your case started and can take an enormous amount of stress off of your plate so that you can focus on recovery and getting your life back on track.
What Is an Amputation?
An amputation is the removal of a limb from trauma, a medical procedure, or an illness. In most cases, amputations are done with care and only when they are essential for the overall health of the patient. This could be because of spreading infection, complications due to diabetes, the impacts of a separate injury, or others.
However, in some cases, an amputation may be done without justification, as a result of medical malpractice, or are necessary after a different injury that another party caused the victim. In these cases, the victim may be able to seek financial compensation from the responsible party in the form of a personal injury lawsuit. The lawsuit may be in regards to the amputation alone, or the amputation may be one aspect of a larger list of injuries that the victim has suffered. Whatever the situation, the personal injury attorney representing the victim will work to present the case in full detail to the judge and jury in order to collect the maximum damages for their client to compensate for their suffering.
How Are Amputations Handled in Personal Injury Lawsuit?
In purely legal terms, an amputation is handled like any other injury in a personal injury lawsuit. However, this does not mean that they are treated with the same importance as something like a broken finger, only that the case will follow the same course as any other personal injury would.
Whether the amputation is the only injury, or if it is only one piece of a larger set of injuries, you and your attorney will work to quantify both the economic and the non-economic impacts of the amputation to present a complete amount of damages that you are seeking from the defendant or their insurance company. The non-economic impacts may overlap with the other injuries, but an amputation must also be treated separately, as it has a significant and distinct impact on the victim’s life.
Examples of Amputation Injuries in Lawsuits
- Thumb and finger amputations
- Partial thumb or finger amputation
- Arm amputations
- Partial arm amputation
- Leg amputation
- Partial leg amputation
- Foot or partial amputation of a foot
- Hand or partial amputation of a hand
No matter what the amputation was, whether it was either the result of medical malpractice or a necessary procedure because of another injury, it is important that you explore your options for compensation with a personal injury attorney.
Amputations From Medical Malpractice
There is an alarming number of medical malpractice cases in the United States each year, and there is a constant risk of receiving the wrong surgical procedure because of a simple paperwork mistake. Medical malpractice injuries can be extremely traumatic and can have a wide range of impacts on the victim. As a medical professional, it is completely expected that a patient can trust the professional to act in a way that will keep their patient safe, maximize their likelihood of positive outcomes, and ensure that any procedures are done for the wellbeing of the client.
If a medical professional orders an amputation for a patient that is unnecessary, or it is done as a result of a mixup, then there must be serious consequences for the professional who authorized this procedure.
Types of Damages in an Amputation Case
In the event of a personal injury lawsuit regarding a wrongful amputation, the damages will be considered in the same way that any other personal injury lawsuit is built. The case will include both economic and non-economic damages in order to compensate the victim for the full scope of their suffering, and the jury may decide to award punitive damages to the victim in certain cases.
Economic damages cover the financial aspects of an injury, such as the medical costs associated, as well as lost wages from any time, missed at work, long-term disability payments, and a decreased earning capacity as a result of the amputation. In order to determine the amount of economic damages you will be seeking, you and your attorney will compile all of your costs, expenses, and lost financial opportunities in order to present to the judge and jury as one aspect of the overall damages sought.
Non-economic damages are intended to compensate the victim for all of the impacts of an injury that go beyond actual costs. This includes things like pain and suffering, anxiety and depression, diminished quality of life, and other “intangibles.” In order to calculate these damages, your attorney will determine a “multiplier,” a number used to represent the severity of these damages to the jury. This number will then be applied to the economic damages and sought in addition to them.
For example, a victim who has suffered $100,000 of economic damages and are seeking non-economic damages with a multiplier of 5x, then the non-economic damages will be calculated at $500,000. The total damages sought will total to $600,000.
Contact 1800-Injured Now
1800-Injured is an attorney and medical referral service. If you have suffered from an amputation injury, contact 1800-Injured as soon as possible to be connected with a personal injury lawyer who is ready to take your case, and fight for the money that you are owed. Our network of attorneys will give you a wide range of options to choose from, complete with ratings and testimonials that will give you a greater insight into the legal professional that you decide to work with while you are making this important decision.