Catastrophic injuries change your life forever, and amputations are among the most challenging and traumatizing injuries for victims. The loss of a limb can leave a victim with long-lasting physical pain, limited independence and mobility, and mental anguish.
When amputation occurs because of someone else’s negligence, the victim should not be left shouldering the burden of medical bills, lost income, and other expenses. But getting insurance companies to pay up is an uphill battle on its own, and it gets even harder with a serious injury like amputation. You need an aggressive and committed legal team fighting for you. We’re here to help. Call Reeves & Mestayer at 228-374-5151 to talk more about your next steps.
What Causes Amputation Injuries?
Amputation injuries span almost every area of personal injury law. Causes of amputation injuries include, but are not limited to:
- Vehicle accidents. Amputations occur in several different ways in vehicle collisions. In some cases, a limb is cleanly separated from the body during the crash itself. From there, the goal is to prevent infection and protect remaining mobility. In others, a limb is partially severed or suffers serious nerve damage during the crash. In these situations, the entire limb may be removed surgically to prevent further nerve damage and close the wound. An infection can also set into deep lacerations, requiring full amputation.
- Defective products. When products are defective, they can lead to serious injuries for unlucky victims. A riding lawn mower that flips over, tools without necessary safety controls, and other items can lead to painful amputations.
- Medical malpractice. Failing to treat diabetes or an infection in time can lead to the removal of a limb. In some cases, this is considered medical malpractice if an earlier diagnosis could have saved the limb.
- Slips and falls. Slips and falls vary significantly in severity, and those on the far end of the scale can lead to amputations. Again, this may occur because of the impact of the fall, being crushed by an item, or an infection that must be controlled and contained.
- Construction site accidents. Construction sites are home to many devastating accidents. Victims may get stuck in building materials, struck by a piece of machinery, or crushed.
- Nursing home abuse. Uncontrolled diabetes or infections can leave innocent nursing home residents at risk of amputation. In some cases, these situations occur because of abusive or negligent staff members.
Why You Need an Amputation Injury Lawyer
While it is highly recommended that you hire a personal injury attorney for any type of injury, it is particularly essential if you have suffered an amputation. This is an extraordinarily expensive injury and your costs will likely be far higher than you can even imagine.
Even if it is obvious that the other party is liable for your injuries, you cannot expect to be treated fairly by their insurance company. Their insurance adjuster will do everything in their power to get you to accept a smaller settlement than you should. They might seem sympathetic to your plight, interested in making things right, or apologetic, but none of that is genuine. Any information you give can be used to weaken your case and give them an excuse to offer less—or no—money. They may use the information you give them to downplay your injury, push some of the liability onto you, or “prove” their client’s innocence.
The only way to protect yourself against these tricks is to hire an amputation injury lawyer. Your attorney can handle all communication with the insurance provider, allowing you to handle the enormous amount of physical and mental challenges created by your amputation.
Your attorney will be able to assess the likely value of your injury, taking into account your medical bills, the pain you have experienced as a result of the accident, the challenges that lie ahead, and the income you will lose because of your amputation. As a layperson, it is likely that any estimate you develop will be far too low to account for your true losses.
Negotiation is where a skilled personal injury attorney shines. Insurance companies spend a lot of money to win negotiations, so you need to come to the table with your own attorney to stand a chance of coming out ahead.
Your attorney will use available evidence to build a solid case proving their client’s negligence, your damages, and what they need to do to make it right. In most cases, this works, and a settlement is reached. In some cases, the parties cannot come to an agreement and the case goes to court, If this happens with your claim, your attorney will prepare for court and do everything possible to prove the extent of your injuries, how the other party’s actions caused them, and why they must be held accountable.
Compensation for Amputation Injuries
The reason that amputation cases are so difficult is because of the sheer amount of money involved. Few injuries are as severe as an amputation, and victims are likely to need some type of ongoing care for the rest of their lives. You may be able to request compensation for:
- Medical bills. Your existing medical bills are probably already piling up, so you can ask for compensation for everything that has been charged and the bills that are still incoming. This includes ambulance fees, surgical fees, medication costs, and anything else related to your treatment.
- Future medical bills. You may need ongoing pain management, physical therapy, occupational therapy, counseling, and rehabilitative treatment. A good settlement should include money for these expenses.
- Lost wages. Any time you have to spend away from work should be paid for by the liable party.
- Lost future income. It is likely than an amputation will impact your ability to work. Your settlement should account for future lost wages and promotion opportunities.
- Pain and suffering. The pain that comes with an amputation can last years or even decades. Phantom limb pain is fairly common for amputees.
- Mental anguish. The loss of a limb can cause significant mental distress, and you may be compensated for it with your settlement.
Contact Reeves & Mestayer Now to Discuss Your Legal Needs
If you have suffered an amputation because of someone else’s negligence, do not wait any longer to hire an attorney. Let us support you through this process and fight for the compensation you are owed. Reach out to Reeves & Mestayer to set up a consultation now. You can call us at 228-374-5151 or fill out our contact form.