What Type of Financial Recovery can I Pursue for my Amputation Case?
Losing a limb or appendage is a life-altering experience that can cause physical hardships, mental anxiety, and emotional devastation. Many victims of amputations grieve their loss and often turn to a mental health professional for help. Most amputations affect the victim's ability to function in daily life, produce ongoing psychological issues, and financial challenges. Obtaining the best legal protection is a crucial component to overcoming many of the challenges the victims endure in obtaining compensation by holding those responsible financially accountable can help to ease the pain.
Rosenfeld Injury Lawyers LLC represents women, men, and children who have needed an amputation due to the negligent actions of others. We offer victims our legal services for personal injury, wrongful death and other types of legal negligence. Our law firm has successfully prosecuted cases for our clients who were injured by mistreatment, abuse, negligence, or intentional acts of violence. Our attorneys are available to answer any legal question on how to receive the monetary compensation your family deserves for your damages. Should you have additional questions, we invite you to contact our office for a free review of your legal rights.
Seeking Financial Recovery
An accident that results in the loss of a limb through surgical amputation typically leaves the victim with huge financial burdens involving hospitalization, medical expenses, and lost wages from time away from work. An attorney working on your behalf can conduct a comprehensive investigation, interview witnesses, gather evidence, review police documents and medical records, and build a case for compensation. In some cases, there may be additional defendants in the case to ensure plaintiffs are compensated from every party at fault.
If an incident or accident at work caused you injuries that resulted in the loss of a limb or an appendage, you have specific options for financial recovery. Typically, employers are required to provide every employee with worker's compensation insurance coverage (Worker's Comp.) that pays for injuries in an accident or illness associated with the job. Unfortunately, Worker's Comp. benefits typically only pay for lost wages and medical expenses until the employee can return to work.
However, an attorney working on your behalf can study your case to determine if the actions of the employer were egregious or intentional. Additionally, there may be other defendants that could be added to your case who are also responsible for your harm, like a subcontractor, product manufacturer, equipment maintenance crew, or others. If your attorney is successful, you may be able to obtain monetary recovery in an amount far above your Worker's Comp. benefits.
If the accident or incident that led to your injuries was not related to your work, you could file a claim to fully recover under the law. Your attorney will base your case on the negligent or intentional actions of another to ensure you receive full financial recovery for medical expenses, lost wages, loss capacity to earn a living in the future, pain, suffering, mental stress (both emotional and anxiety), grief and depression.
Medical Malpractice Amputation
Sometimes, a loss of a limb is the result of a medical mistake or error by the medical team or doctor. These victims can still file a compensation claim based on medical malpractice filed against the doctor, nurse, surgeon, hospital, medical center, or other medical professional or center. Every victim of medical malpractice can hold the doctor and others responsible because they failed to provide their duty of care that resulted in an unnecessary or substandard amputation of a limb or appendage.
In some horrific cases, the doctor will amputate the wrong limb because of some confusion that occurred during surgery. If the judge in the case decides that the doctor's actions were an egregious breach of duty, the court may allow the plaintiff to seek punitive damages to punish the surgeon, hospital, and others.
Amputation and Disfigurement
Disfigurement is legally defined as a permanent alteration of an individual's body caused by an accident or negligence. The alteration can include severe injuries like changes in the individual's bone structure, tissue damage, and scars that dramatically alter the plaintiff's appearance. While some disfigurement injuries can be repaired or treated, most require ongoing surgeries to reconstruct damaged tissue and skin.
In addition to receiving financial compensation to recover damages for an amputation, the plaintiff can also sue those responsible for their disfigurement. The amount they receive should be payment enough to handle all the physical, mental and emotional scars caused by the traumatic event.
Secondary Health Complications
Individuals who have undergone a major limb amputation procedure might suffer added health complications if they already have the other conditions including cardiovascular disease, obesity, renal disease, PVD (peripheral vascular disease), or diabetes. While these conditions might have led to the amputation the underlying medical problem can worsen the patient's condition after their appendage was severed in an accident.
Reports from the Journal of Ethics from the American Medical Association reveal that:
“The five-year mortality rate for those who have lost limbs because of vascular diseases over 50% – the same or higher as that for prostate, breast, and colorectal cancer. Despite advances in prosthetic technology, evidence still indicates that people who have had an amputation (even those who use a prosthetic device) are at a biomechanical disadvantage that makes them more likely to develop musculoskeletal complications such as osteoarthritis, back pain, joint pain, and osteoporosis/osteopenia.”
Why Taking Legal Action Is Necessary
No financial sum can wipe away the pain, suffering, and challenges associated with an amputation or disfigurement. Successfully resolving a lawsuit can alleviate the financial burden that places a strain on the victim's family.
Attorneys who specialize in amputation and disfigurement injury lawsuits will build your case on the extent of the damage, the severity of the injuries, the amount of disfigurement, and the losses associated with the amputation. The lawyer will build your case on the different forms of amputation that involve:
- Complete Amputation -Where a limb or appendage is fully severed.
- Incomplete Amputation -Where the severed body part is still partially attached.
- Degloving Injury -Where the individual's skin has separated from the underlying body tissue.
Your financial recovery options will be based on the lifelong challenges you face in the years ahead and involve the cost of surgery, prosthetic devices, medication, and rehabilitation. Your attorney will build your case against all those responsible that could include an employer, product manufacturer, property owner, reckless driver, homeowner, medical team or others.
Maintaining Your Legal Protection
Under the law you have the legal right to protection, ensuring you are financially compensated for your amputation that was caused by the negligent or reckless actions of others. Maintaining your evidence to prove your case in court will ensure that you hold every party responsible for your harm financially accountable.
Likely, you were contacted by an insurance carrier after your accidental amputation that offered a financial settlement to resolve your case. However, the compensation they offer is typically far lower than the amount you deserve for your damages. Seeking legal advice before you sign anything or discuss your case with anyone can be extremely beneficial.
Staying silent can help you maintain your legal protection because the information the insurance carrier's claims adjuster gathers through you could be used against you in court. Hiring an attorney can help protect your interests to ensure you receive adequate compensation for your medical expenses, lost wages, loss of future earnings, physical, mental and emotional suffering, and the reduction of your quality of life.
There are significant short-term and long-term effects on your current health. Consulting with a reputable legal professional can maximize the amount of compensation you receive to ensure you can begin reclaiming your life.
Filing a Lawsuit
If the misconduct, negligence, or reckless actions of others injured you or someone you love, you might be able to sue them for their damages. Your compensation might include recovery for economic, non-economic, and potentially, punitive damages. The following guide outlines what monetary recovery you should expect to receive, including:
- Medical Expenses – By law, if your attorney can prove that the defendants are legally responsible for compensating you for your injuries, they must pay for all healthcare costs associated with your amputation surgery, long-term treatment, and medications.
- Lost Income – Your attorney will include lost income in the amount of compensation you should receive if you are unable to work because of the incident and subsequent amputation.
- Pain and Suffering – Most amputations cause long-term pain, suffering, and intangible reductions in the quality of life because of your temporary or permanent disability, disfigurement, loss of self-worth and other factors.
- The Cost of Prosthetic Devices – Once the limb has been amputated the medical team will begin the process of fitting the patient with a prosthetic device. Initially, the affected limb will need to heal properly to ensure all swelling has ceased. Next, the patient will be fitted with a prosthetic device that might take weeks or months to manufacture. Unfortunately, these devices are expensive of a can cause upwards of $50,000 each and they are not designed to last more than 5 to 10 years. When the device wears out, the patient will need to be refitted for a new artificial limb that will also be expensive. Our attorneys ensure that our clients receive adequate compensation to buy all their necessary prosthetic devices throughout the remaining years.
- Punitive Damages – If the defendant's behavior was particularly wanton and egregious, the judge may allow you to pursue and obtain punitive damages to punish the parties at fault. Obtaining punitive damages heavily depends on the facts and circumstances of your case and can be especially financially beneficial if the facts surrounding your amputation draw special sympathy from the jury.
Hiring a Lawyer
We understand you are likely suffering from unimaginable trauma and need an experienced legal applicant to fight aggressively on your behalf. Our law firm specializes in medical malpractice, personal injury, and wrongful death compensation claims. We understand what is at stake and the financial burdens you face now and in the future. This life-altering, devastating experience requires the utmost care to ensure it is successfully resolved at trial or during a negotiation settlement.
Rosenfeld Injury Lawyers LLC encourages you to contact our attorneys today at (888) 424-5757 to schedule a no-obligation case consultation to discuss the merits of your monetary recovery claim at no charge to you. Our legal team accepts every personal injury case, wrongful death lawsuit, and amputation/disfigurement injury claim through contingency fee agreements. This arrangement postpones the payment of legal services until after we have successfully completed your case through a jury trial or negotiated out of court settlement.
Our law firm gets results quickly. We give every client a “No Win/No-Fee” Guarantee, meaning if we are unable to secure financial compensation on your behalf you owe us nothing. All information you share with our law office will remain confidential.
For additional information see the following pages:
- What are the Facts About Amputation Accidents?
- What can I do if I Suffer an Injury Requiring an Amputation?
- What Illinois Laws Govern Amputation Cases?
- Who can I Pursue a Claim Against if I Suffer an Injury Requiring an Amputation?
- Do I Need to File a Lawsuit for My Amputation Within a Certain Time Period Under Illinois Law?
- What Have Other Plaintiffs in Amputation Cases Recovered?
- How can Rosenfeld Injury Lawyers Help me With my Amputation Case?