What Is the Average Case Value for Amputation Injuries?
An amputation injury is a serious, traumatic event resulting in partial or complete limb removal. Amputations can occur due to an accident or an intentional act, such as surgery or self-inflicted harm, or medical conditions like cancer or diabetes.
The severity of an amputation injury can vary significantly, depending on many factors. In general, however, amputations are life-altering injuries that can dramatically affect a person's quality of life.
If you or your loved ones have suffered an amputation injury, it is important to seek legal help. The personal injury attorneys at Rosenfeld Injury Lawyers LLC have the experience and resources necessary to help you with your amputation lawsuit. We will work tirelessly to get you the compensation you deserve for your injuries.
Contact us today at (888) 424-5757 for a free consultation and learn more about how we can help you. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.
Types of Amputation Injuries
There are many different types of amputation injuries, each with its own unique challenges. The type of amputation will often dictate the course of treatment, rehabilitation, and compensation.
Some common types of amputation injuries include:
Partial Hand or Finger Amputations:
These amputations can be particularly challenging, as they often result in loss of fine motor control. Treatment typically involves reconstructive surgery to restore function.
Partial Arm or Leg Amputation:
Loss of an arm or leg can be devastating, but modern prosthetic technology can allow patients to regain mobility and independence.
Complete Hand or Arm Amputation:
While complete hand or arm amputations are more severe than partial ones, they too can be treated with reconstructive surgery and prosthetics.
Complete Leg Amputation:
Leg amputations are perhaps the most challenging injury, as they often result in a loss of mobility. However, advances in medical technology have made it possible for many people with limb loss to live full and productive lives.
Patients can often learn to use a wheelchair or other mobility aid such as a prosthetic leg to regain independence.
Amputation Facts and Figures
According to the National Institute for Occupational Safety and Health (NIOSH), approximately 2,000 amputations occur in the United States each year. Most of these amputations are work-related.
The risk of death following an amputation is high. Approximately 30% of people who undergo an amputation die within thirty days of the procedure. This rate increases to 50% for those who require above-the-knee amputation.
Why Amputations Occur?
An amputation is a surgical procedure that permanently removes a body extremity, such as an arm or leg. There are many reasons why a person might need an amputation. Some of the most common reasons are:
- Trauma or injury is the most common reason for amputation. A traumatic injury can occur from something as simple as a car accident or a fall or as serious as a gunshot wound.
- Diabetes: People with diabetes often experience nerve damage in their feet and legs, leading to tissue death and infection. When tissue in the foot dies, amputation becomes necessary. In some cases, below-the-knee amputation may be required to prevent the spread of infection or protect the patient's health.
- Peripheral vascular disease: PVD is a general term for any medical condition that affects blood flow to the extremities. Such as blood clots forming in blood vessels or arteries. It can be caused by diabetes, cancer, atherosclerosis, or other conditions.
- Arterial disease: Arteries can become blocked or narrow, preventing blood from flowing to the extremities, which can cause tissue death and necessitate amputation. For example, a blood clot forms in the left foot, cutting blood flow.
- Infection:A severe infection, whether in the left foot, right leg, or in the big toe, can cause tissue death which may lead to amputation. Infections are often seen in people with diabetes or arterial diseases. An infection can eventually lead to above or below the knee amputation when an infection spreads.
- Congenital disabilities: Some babies are born with congenital disabilities that require amputation. For example, a baby born without a left hand might need an arm amputation.
- Post-operative complications: Patients who have undergone surgery are at risk for developing postoperative complications that can lead to the need for amputation. Arterial line thrombosis is one of the most common complications and can cause significant damage to the leg, leading to the need for a surgical amputation.
- Medical Malpractice: Some amputation cases happen due to doctors or hospital staff's alleged negligence inside the operating room. Many types of medical malpractice cases can lead to an amputation.
One common type of medical malpractice is when a doctor fails to diagnose a condition that leads to gangrene. Gangrene is a serious infection that can destroy tissue and bone. If this condition goes untreated, it can lead to the need for an amputation.
When you have suffered an amputation due to a doctor's negligent actions, you may be able to file a medical malpractice lawsuit for your future medical expenses and pain and suffering.
Accidents That Cause Amputation Injuries
Many different types of accidents can cause amputation injuries. Here are some of the most common:
- Car Accidents: Amputations can occur when another driver hits your car or when you are involved in an accident, and your limbs become trapped in the wreckage of the car.
- Workplace Accidents: These often involve heavy machinery and can occur if your limbs become entangled in the machinery or if a moving object strikes you. In workplaces such as construction sites, many potential hazards are present. In some cases, workers may even lose their lives due to a construction site accident.
- Sports Injuries: These can occur during contact sports, such as football, hockey, or rugby. They can also occur during individual sports, such as skiing or skateboarding if you fall and your limb gets caught on something.
- Household Accidents: These accidents can include anything from a child getting his hand stuck in a toy to a pet biting off a person's finger.
In addition, there are several other causes of amputation injuries, such as agricultural accidents, fires, explosions, and animal bites. Depending on the extent of your injury, you may require surgery and rehabilitation.
The amputation injury lawyers at our law firm can help you file a financial compensation lawsuit against the party responsible for your sufferings and emotional distress. We will work to get you the compensation you deserve for your loss.
Average Settlement Value for Amputation Injuries
The settlement compensation value for amputation cases varies depending on the incident's circumstances. In general, however, these types of injuries tend to result in high levels of compensatory damages.
Factors that can impact the average case value for amputation injuries include:
- The Severity of the Injury: Amputations that result in the complete loss of a limb are typically more severe than those that only partially remove a limb. Amputated limb cases tend to result in higher average case values.
- The Location of the Injury: Injuries that occur in highly visible areas, such as the face or hands, often result in higher damages than those in less visible areas. Mostly visible injuries can significantly impact a person's appearance and self-esteem.
- The Victim's Age: Children and elderly individuals often suffer more serious consequences from amputation injuries than adults because they are typically less able to cope with the changes that an amputation can bring.
- The Intent of the Injury: Injuries caused by someone else's negligence or recklessness tend to result in higher damages than those that are accidental. The victim can often hold the responsible party liable for their injuries.
- The Availability of Insurance Coverage: If the victim has appropriate insurance coverage, the insurance company may partially or fully compensate their damages. This compensation can impact the average case value for amputation injuries.
Due to the many variables involved, it is difficult to answer the average case value for amputation injuries. However, it is safe to say that these types of injuries typically result in high levels of damages, and the value recovered from an amputation injury claim will be increased.
If you have suffered an amputation due to someone else's negligence, it is important to speak with an amputation lawyer as soon as possible. Your attorney can help you understand your legal options and file a case for the compensation you deserve.
What Is an Average Settlement Value of Leg Amputation Lawsuits?
The average settlement value of leg amputation cases can vary depending on the severity of the injury and other factors such as cost of the prosthetic leg, jurisdiction, and whether or not there is insurance coverage.
In general, however, the settlement value for leg amputation cases tends to be high, including compensatory and punitive damages. Following are the real-life examples of some amputation settlements:
- A homeless man's successful claim against the state of Hawaii involved a correctional facility's negligence that caused the loss of both of his legs to gangrene. The plaintiff received a scratch during the scuffle with police officers that later became infected. The victim fell ill and did not receive proper medical attention from his jailers.
The illness led to gangrene in both lower extremities and hands. The man underwent amputation for both his left leg and right leg.
He received $7.2 million from Hawaii when the case settled.
- A young boy in California suffered life-threatening injuries that required his right leg to be amputated after being involved in a vehicle accident outside his elementary school in 2013. The boy underwent above-the-knee amputation for his right leg.
The case settled with the plaintiff agreeing to a $700,000 settlement by the defendants, where most of the cash will be available to him when he turns 18 years old.
- A large metal sheet slid off a table in Alabama and fell on a man's left leg while working at a steel service center warehouse. He was delivered to the emergency room to treat his leg and other injuries. After being discharged, he developed gangrene in his leg.
The man underwent an above-the-knee amputation. He claimed permanent injuries that left him disabled and unable to gain employment. This case settled for $305,000 compensation value.
While it is difficult to predict exactly how much an individual leg amputation case may settle for, it is clear that the potential damages in a leg amputation lawsuit can be significant. The value of your claim could also increase if you suffered additional injuries that required treatment when the case was settled.
If you have had your left or right leg amputated, you should first speak with an experienced personal injury lawyer. An attorney will be able to review your leg amputation case and help you determine your next steps.
What Do You Need to File an Amputation Lawsuit?
If you or your loved one has suffered an amputation, you might wonder why you need to file an amputation lawsuit. You'll likely need to prove that someone else's negligence or carelessness caused the amputation. To do this, you'll likely need expert testimony and medical records.
You may also need to show that the amputation has caused you significant financial damages, such as lost wages and medical bills. If you can prove all of these things, you may be able to recover compensation for your injuries.
Finally, you must file a lawsuit within the applicable statute of limitations.
In many incidents, the amputation changed the victim's way of performing their daily activities. If you or a loved one has suffered an amputation, contact a personal injury attorney to discuss your case.
An experienced attorney can help you gather the evidence you need to prove your case and fight for the compensation you deserve.
Importance of Attorney-Client Relationship for an Amputation Injury Lawsuit
An attorney-client relationship is when a lawyer agrees to represent a client in legal matters. This type of relationship is created when the attorney and client sign a retainer agreement contract.
Generally, the attorney-client relationship is important because it allows the attorney to learn about their client's case and build trust. It also allows the attorney to provide their client with legal advice and representation.
The amount of possible financial recovery for amputation will vary depending on the severity of the injury, the individual's age, occupation, and other factors. In some cases, the insurance adjusters may offer a lump sum settlement.
However, these offers are often significantly lower than what the victim could recover through a personal injury lawsuit. An experienced personal injury lawyer will be able to evaluate all the damages you have suffered as a result of your amputation and help you get the full and fair compensation you deserve.
Hire a Personal Injury Lawyer to Resolve Your Amputation Claim
When you are considering filing a lawsuit for an amputation injury, it is important to speak with an experienced attorney who can help you assess the value of your case and make sure you receive the compensation you deserve.
Contact our office today for a free, no-obligation consultation. We would be happy to discuss your case with you and answer any questions.
Possible Financial Recovery from Amputation Damages
The possible recovery of economic damages and non-economic damages in an amputation injury case depends on each case's particular facts and circumstances. In general, however, the following types of damages may be available:
These expenses include past and future medical costs associated with the amputation, such as hospitalization, surgery, prosthetics, physical therapy, and psychological counseling.
If the victim cannot work due to the amputation, they may recover lost wages for the period during which they cannot perform their job duties.
Pain and Suffering:
The victim may also recover non-economic damages for the physical pain and suffering caused by the amputation. They may be entitled to compensation for the physical and emotional future pain and anguish they have endured due to past pain resulting from the arm or leg amputation.
When an amputation accident occurred due to a doctor or hospital staff's alleged negligence in an emergency room, which eventually led to the patient's wrongful death, punitive damages could be a possibility.
In such an instance, the victim's family could file a lawsuit to recover punitive damages in addition to other forms of compensation.
The purpose of punitive damages is not simply to compensate the victim for their losses but also to deter future wrongdoing. That is why they are often much higher than compensatory damages.
In case you or your loved one has suffered an amputation injury due to a doctor's negligence in an emergency room, you need to contact a medical malpractice lawyer to file a claim.
Amputation Injury FAQs
Our personal injury law firm understands that many families have unanswered questions dealing directly with the insurance companies to receive compensation for their injuries. An amputation accident attorney has answered some of those questions below.
Call our law firm today at (888) 424-5757 for additional information or schedule a free consultation.
Do I Have a Case If Someone's Negligence Led to My Amputation?
Any victim harmed by someone else's negligence has the legal right to file a civil lawsuit seeking financial compensation for their injuries, including you if you have lost a limb, wrist, hand, fingers, ankle, foot, or toes. The value of your case will depend on the extent of your injury and the need for surgery to restore function if possible.
To successfully resolve your claim, you will need to prove that the other person was at fault for the accident that led to your dismemberment. When the case is settled, you likely will be awarded financial compensation to cover your medical expenses, pain & suffering, and all other damages you have suffered.
What Is the Treatment for a Leg Amputation Injury?
The treatment for a leg amputation injury depends on the severity of the injury and may include surgery, rehabilitation, and prosthetic devices.
The personal injury attorneys at Rosenfeld Injury Lawyers, LLC, have extensive experience in helping victims of amputation injuries file a claim to receive the compensation they deserve. Our legal team understands the devastation and amputation our clients experience, and we work tirelessly to help obtain the maximum compensation available under the law.
How Can I Prevent an Amputation Injury?
There are several ways to prevent an amputation injury, including but not limited to: wearing protective gear when working or playing sports, being aware of your surroundings when walking or driving, and following the instructions of your doctor or health care provider.
What Are the Long-Term Effects of a Leg Amputation Injury?
The long-term effects of a leg amputation injury may include physical and emotional difficulties. Physical effects can include pain, problems with movement, and difficulty using a prosthetic leg.
Emotional effects can include depression, anxiety, and post-traumatic stress disorder.
Is Wrongful Amputation a Form of Medical Malpractice Cases?
Yes, wrongful amputation is one of the forms of medical malpractice cases. These amputations can happen when a surgeon negligently removes the wrong body part or fails to properly care for the patient before and after surgery, eventually leading to infection and amputation.
Other factors that could be considered medical malpractice after a required amputation include post operative complications.
If you or a loved one is an amputation victim due to negligent post-operative care, you may be entitled to compensation for your injuries.
Does Worker's Compensation Cover Amputations From Workplace Accidents?
Typically, filing an amputation claim to receive workers' compensation benefits will typically provide financial compensation that pays for the injured worker's medical bills, lost wages, and temporary/permanent disabilities.
However, the worker's compensation benefits system does not provide monetary recovery for any non-economic damages including pain and suffering.
Injured workers harmed at the workplace, in car accidents, when driving company trucks, or otherwise on the clock can file a claim for worker's comp benefits and possibly a third-party lawsuit against others whose negligence might have also led to the pain and suffering from the amputation.
Potential defendants in a third-party suit could include a doctor, hospital staff, another vehicle driver, or contractor on the worksite.
Hiring a Personal Injury Lawyer to Resolve your Compensation Case
Amputation injuries are some of the most devastating injuries that a person can suffer. The loss of a limb can profoundly affect every aspect of a victim's life, and the medical costs associated with these injuries can be astronomical.
In addition, the average case value for amputation injuries can vary depending on the severity of the injury and other factors such as insurance coverage.
Although monetary compensation cannot and will not reverse the harm you suffered because of your amputation, it can help you and your family overcome some of the financial difficulties caused by your amputation.
Contact our law firm today for a free case evaluation. We'll review your case And discuss your legal options. We accept all personal injury cases and wrongful death lawsuits on a contingency fee basis, meaning that no upfront fees are required until we resolve your case.