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Accidents and injuries come in many shapes and forms. Some, like traumatic amputation injuries, can be life-changing. At Glotzer & Leib, our experienced personal injury attorney has seen countless cases involving catastrophic injuries. An amputation injury can make it hard to go to work, attend school, or even complete daily chores. Whether from a motor vehicle accident or a construction site incident, amputations deserve immediate medical care. Then, explore your legal options.
Our Los Angeles amputation compensation attorney has experience litigating cases involving severe injuries. Learn more about limb loss financial compensation below. Then, contact us to see if you have a strong California amputation injury lawsuit.
Amputations are life-altering events that can lead to big changes in a person’s life. Often, an amputation is the result of another person’s negligence. In this case, the victim could be entitled to compensation for medical expenses, lost wages, and pain and suffering. Traumatic amputation occurs in countless situations every year. Even a workplace accident can lead to an amputation. Amputations are more common than many people realize.
Amputations are defined as a surgical or traumatic separation of a limb from the body. The Amputee Coalition estimates that there are nearly 185,000 new amputation cases each year in the United States, with approximately one upper-limb amputation for every four lower-limb amputation cases.
Approximately one out of every 200 people in the United States has had an amputation of some sort. It could be as minor as losing the end of a finger or as major as losing both legs or arms. Traumatic amputations are unplanned. They generally result from an accident of some sort. A traumatic amputation could involve an arm, a hand, a finger, a leg, a foot, a toe, or an ear.
Some additional statistics regarding amputations:
Some of the more common forms of accidents which can result in an amputation include the following:
An amputation can be complete or partial. They are also classified according to the injury method. When the amputation has clean, well-defined edges, it is known as a guillotine amputation. A crush amputation will encompass more tissue damage.
If the tissue is stretched or torn, it will be known as an avulsion amputation. This type of amputation likely causes extensive damage to the tissues, nerves, bones, and blood vessels. It is unlikely that the body part could be reattached in an avulsion amputation.
Financial costs tied to amputation injuries are substantial. Victims who have suffered an amputation will likely spend an extensive amount of time in the hospital following their accident. This is often followed by long and intensive therapy and rehabilitation. Many of those who have suffered an amputation will require a prosthetic. This can add tens of thousands of dollars in medical expenses and will likely need to be replaced every two to six years.
A study done by the Johns Hopkins Center for Injury Research and Policy estimates that the total lifetime cost of a traumatic amputation is $509,272. This amount includes initial hospitalization costs, the cost of future hospitalizations, rehabilitative services, doctor’s visits, therapy, and the cost of prostheses. The above figure does not include potential medical complications. It also does not factor in economic losses from loss of job earnings.
Depending on the limb that was amputated, it may be needed to make modifications to the victim’s home. Most of those who have undergone an amputation have also suffered a loss of income from their prior place of employment. It may be difficult ever to find comparable employment. Many amputees will require vocational training to find another employment position. Insurance often fails to cover all the expenses associated with an amputation adequately.
As with all states, California sets a limit on the amount of time you have to file a lawsuit after suffering a personal injury, such as an amputation. The California statute of limitations regarding personal injury cases can be found under the California Code of Civil Procedure, Section 335.1. It allows you two years from the accident date to file suit against those responsible for your injuries. If you fail to file within the two-year statute of limitations, you could be barred from ever bringing suit against the negligent party. All your rights to compensation could be lost. If your injuries were due to the negligence of a governmental entity, you have only six months to file a personal injury claim. You must adhere to strict procedural rules.
If the defendant in your case claims at least some of the responsibility for the accident lies with you—and has proof to back up that claim—then your compensation could be affected. The state of California follows a pure comparative negligence rule. This means the amount of compensation you are entitled to may be reduced by an amount equal to your percentage of fault.
You can find more information regarding California’s pure comparative negligence rule in California Civil Code Section 3333.4. Also, the California Medical Injury Compensation Reform Act has limited specific non-economic damages in medical malpractice cases.
When you file a personal injury case in California, the damages received are intended to make you “whole” following your injury. No amount of money could ever accomplish that in the case of an amputation. However, you may be entitled to the following:
Immediately after an amputation accident, seek emergency medical care to address your injuries and prevent further harm. Then, document the accident scene and your injuries if possible, as this information will be crucial for any legal action.
In California, you have two years from the date of the accident to file a personal injury lawsuit for an amputation. You must file your claim against a governmental entity within six months.
Yes, California follows a pure comparative negligence rule, which means you can still receive compensation even if you were partially at fault. Your compensation will be reduced by the percentage of fault in the accident.
You can pursue compensation for medical expenses, lost wages, pain and suffering, emotional distress, and loss of companionship. In some cases, punitive damages may also be awarded.
Hiring a Los Angeles amputation lawyer can greatly enhance your ability to navigate the legal system and maximize your compensation. An experienced lawyer will handle all aspects of your claim, from negotiating with insurance companies to representing you in court if needed.
If you have suffered a lost limb in an accident, see a doctor as soon as possible. Then, let Glotzer & Leib fight for you. We have experience with all types of personal injury claims. This includes traumatic and surgical amputation accidents. Contact our personal injury law firm today to schedule a free consultation.
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