Experts In This Article
- Michael T. Gibson, Esq., Lead Attorney & President at Michael T. Gibson, P.A., Auto Justice Attorney, Catastrophic Injuries Expert and Licensed for 17 years
- Todd Curtin Esq., Partner & Lead Trial Attorney at Michael T. Gibson, P.A., Auto Justice Attorney and Licensed for 8 years
- Amit Jhalli, Esq. Attorney at Michael T. Gibson, P.A., Auto Justice Attorney, Personal Injury Pre-suit Investigation & Brain Injury Expert and Licensed for 9 years
Amputations are among the most devastating injuries people can suffer. Not only must you deal with the pain and inconvenience of the injury itself, but losing a body part can create serious mental and emotional issues as you come to terms with your injury and try to move on in life.
Amputees often require extensive rehabilitation and physical therapy to recover. They must relearn how to complete once-second nature everyday tasks, and many struggle with the challenges their injuries imposed on them.
As you try to recover from your amputation injuries and acquire the prosthetics and other mobility and medical devices you need to accommodate your injury, you will incur considerable medical expenses and other financial costs. Your amputation injury has likely kept you from working, and you may never work again, especially not in your former capacity.
You deserve compensation from those responsible for your amputation injury, but you want to get what you need to cover all the expenses associated with your injury, both now and in the future. Your amputation injuries will affect you for the rest of your life, and you want to consider the long-term costs of amputation or disfigurement so that you can get everything you need.
For a comprehensive review of your case and advice regarding your rights and options for pursuing compensation, consult an experienced personal injury attorney near you.
What Causes Amputation Injuries?
According to the Amputee Coalition, around 2 million people in the United States live with some form of limb loss. On average, around 185,000 people lose limbs each year, which equates to around 300 to 500 amputations every day. Some amputations arise from underlying medical conditions, such as diabetes, circulatory problems, or cancer.
However, many amputations result from traumatic, catastrophic injuries people suffer in accidents, such as:
- Motor vehicle accidents. Car, truck, and motorcycle accidents can create severe injuries that require amputation. A vehicle can roll over onto a person and crush their arms or legs, or an occupant could suffer severe impact injuries during the crash that require amputation. Additionally, victims of pedestrian and bicycle accidents may suffer devastating injuries that require amputation.
- Construction, industrial, and other workplace accidents. People who work in construction or heavy industry often work around massive machines and vehicles, large power tools, and heavy materials that can cause catastrophic injuries that require amputation. Workers can get limbs caught in heavy machinery or between heavy objects that crush them.
- Electrocution accidents. High-voltage electrical accidents can cause severe burns and tissue damage, sometimes leading to amputations. Electrical shocks can result from workplace accidents, faulty wiring, contact with power lines, or other electrical hazards.
- Firearm and explosion injuries. Gunshot wounds or explosive injuries can cause extensive damage to limbs, necessitating amputation. These injuries can occur in various contexts, including criminal acts, accidents, or military conflicts.
These are just a few examples of the events that can lead to amputation injuries. However, any incident that injures the limb to the point it cannot repair itself or surgery will not fix it may require amputation. In some cases, the incident severs the limb completely, such as if you cut off a finger with a saw or knife. Although doctors can sometimes reattach a limb, the procedure does not always succeed. Even if doctors can reattach a limb, the victim usually faces a long road of recovery and rehabilitation.
The Long-Term Costs of Amputations
No matter the cause of your amputation injury, dealing with the ordeal is not cheap. The average total lifetime costs for amputation patients are more than $700,000, but some amputees incur far higher costs than that. Many would argue that you cannot put a price on the loss of a limb and the physical, mental, and financial toll the injury will have on your life.
Regardless, you will incur both immediate and long-term costs associated with your amputation injury. Some examples include:
- Emergency medical costs. Amputation injuries require surgeries and other procedures to mitigate any potential risks, such as infection. The initial emergency room visit after the accident could easily total into the tens of thousands or even hundreds of thousands of dollars.
- Prosthetic costs. If you need a prosthetic limb, you can expect to pay anywhere from $5,000 to $50,000 or more, depending on the part and its features. Those are not one-time costs. Prosthetics can wear out, requiring frequent replacement.
- Long-term medical treatment. Amputees typically require ongoing medical care beyond their initial treatment. One reason is that amputation injuries often lead to other health problems, or “comorbidity.” Comorbidity problems can include infections or blood clots. They can also include situations where the amputation injury places undue strain or stress on other body parts to compensate for loss of balance and other issues. This can sometimes lead to problems in other areas of the body down the line.
- Lost income and loss of future earning potential. Not only did you have to take time off work after the accident to recover from your injuries, but your amputation injury may affect your ability to work again or in the same capacity or position you were in before your injury. Your loss of income can have a devastating effect on your ability to provide for yourself and your family while also getting the medical treatment and therapy you need.
Amputation injuries can leave a psychological impact on victims. Amputees can suffer from depression, anxiety, and other mental and emotional disorders that require psychiatric counseling and other mental health services.
What Compensation Can I Get for an Amputation Injury
You may obtain various forms of compensation depending on the nature of the accident, the severity of your injuries, and other factors.
Some common types of compensation amputation injury victims pursue include:
- Medical expenses. You could get compensation to cover both your current medical expenses as well as future medical costs. This can include medical treatments, surgeries, hospital stays, medication, prosthetic devices, rehabilitation programs, physical therapy, occupational therapy, and any ongoing medical care related to the amputation.
- Lost income and diminished earning capacity. If your amputation injury resulted in temporary or permanent disability, you may recover compensation for lost earnings, including both past and future income. Additionally, if the amputation affects your ability to earn a living, you may recover compensation for diminished earning capacity.
- Pain and suffering. Compensation for pain and suffering addressed the physical and emotional distress caused by the amputation. It takes into account the severity of the injury, the pain experienced during treatment and recovery, and the long-term impact on your quality of life.
- Rehabilitation and assistive devices. You may obtain compensation to cover the costs associated with rehabilitation services, including physical therapy, occupational therapy, and psychological counseling. Additionally, compensation can pay for assistive devices to accommodate your amputation, such as prosthetic limbs, wheelchairs, or modifications to your home or vehicle.
- Loss of enjoyment of life. Amputation injuries can significantly affect your ability to engage in activities and hobbies you previously enjoyed. You may receive compensation to address this loss of the enjoyment of life.
- Emotional distress and psychological impact. Amputation injuries can have profound psychological and emotional consequences. You may seek compensation for emotional distress, mental anguish, post-traumatic stress disorder (PTSD), or other psychological conditions resulting from the amputation.
- Punitive damages. If the other party caused your amputations through their extreme negligence, wanton recklessness, or intentional misconduct, the court may award you punitive damages on top of other compensatory damages. These damages punish the wrongdoer and send a message to others not to engage in similar behavior.
Consult a personal injury attorney to evaluate your claim and determine the compensation you can pursue. Your attorney will have your best interests at heart and can advocate for you throughout the process to increase your chances of getting the maximum amount possible.
How Do I Prove Liability for My Amputation Injuries?
You will need an attorney to prove liability for your amputation injuries. The process typically involves establishing another party’s negligence or fault for the accident that led to your injury.
Here are some key steps and considerations in proving liability:
- Gather evidence. Your attorney will need to collect and preserve evidence related to the accident and your amputation injury. This may include photographs, videos, accident reports, medical records, witness statements, and any other relevant documentation. The evidence should clearly demonstrate the circumstances surrounding the accident and the negligence or fault of the responsible party.
- Establish duty of care. To prove liability, your attorney will need to show that the responsible party had a duty of care towards you. Duty of care is a legal obligation to act in a manner that reasonably prevents harm to others. For example, in a car accident, drivers have a duty to follow traffic laws and drive safely.
- Show breach of duty. Once they establish duty of care, your lawyer must demonstrate that the responsible party breached that duty. This means showing that they failed to fulfill their obligation to act reasonably or they acted negligently. For instance, if a driver ran a red light and caused a collision resulting in your amputation, their failure to follow traffic laws could show a breach of duty.
- Prove causation. Your attorney needs to establish a causal link between the breach of duty and your amputation injury. In other words, they must demonstrate that the responsible party’s negligent actions directly caused or substantially contributed to your amputation. This may require expert testimony, medical records, and other evidence to establish the connection between the accident and your specific injury.
- Demonstrate damages. Your lawyer must provide evidence of the damages you suffered because of the amputation. This includes medical records, bills, rehabilitation expenses, lost income, and any other financial or non-financial losses you incurred.
Consult a personal injury attorney who can guide you through the complex legal aspects and provide personalized advice based on your specific situation. A lawyer with experience handling amputation injuries can build a strong case to improve your odds of holding the responsible party liable and obtaining fair and full compensation.
How Long Do I Have to File a Personal Injury Claim?
To pursue compensation for your amputation injuries, you must act quickly. Florida allows you two years from your injury to file a lawsuit in court. If you miss the deadline, you will likely have no options for getting compensation.
Additionally, claims against government entities typically have very short deadlines and a lot of red tape you must cut through to file. Speak with an attorney immediately for advice on when you need to file and for help with the process.
Contact an Experienced Amputation Injury Attorney Today
You have suffered greatly because of someone else’s negligence or carelessness. Your amputations will affect every aspect of your life, and you deserve the maximum compensation to help you deal with the ordeal. An experienced amputation injury attorney can assist you with all aspects of getting the compensation you need and help you hold those responsible for your injuries accountable.