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Amputation injuries are some of the most severe forms of damage that a person can endure. The loss of a body part not only has a major physical impact, but amputation may also lead to psychological trauma and financial hardship. If you experienced an amputation injury due to someone else’s actions, you may be eligible for a lawsuit—and Freedman Law can help. Our Fresno amputation injury lawyers will advocate aggressively for your best interests and fight for your right to recovery.
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Why Choose Freedman Law?
Why You Need an Injury Attorney
What Causes Amputation Injuries?
Common Areas of Amputation Caused by Trauma
Legal Options for Fresno Amputation Injury Victims
What Damages Can I Recover in an Amputation Injury Case?
Proving Liability After an Amputation Injury
Comparative Negligence in California
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No matter the type of amputation you have suffered, the recovery process can be lengthy, and you may face lifelong pain and complications. A skilled amputation injury attorney can help you ensure that the wrongful party is held accountable. While you focus on healing, they will handle the investigation into the cause of the accident and gather evidence to prove liability. That may involve visiting the scene, obtaining surveillance footage, speaking to witnesses, retaining experts, and more.
An amputation injury attorney will also handle every aspect of your claim, from paperwork to negotiating a settlement and representing you in court if necessary. They will have a thorough understanding of your case’s value after examining your losses and confirming with medical experts as to how your injury will permanently impact you in the future. As a result, they will ensure you do not settle for less and recover the compensation you need both now and long-term.
An amputation injury occurs when a limb or other body part is severed from the body. In some cases, a body part may become severely damaged in an accident, leading medical professionals to recommend amputation. Regardless of the cause, an amputation injury can lead to long-lasting physical and emotional impacts.
A wide range of accidents and incidents can lead to an amputation injury, including the following.
Victims can suffer an amputation on any limb due to trauma, but amputations are divided into the following two main categories:
Upper Extremity Amputation
When an individual has an upper extremity amputation, it involves the arms, hands, or fingers. Some examples are:
According to the National Limb Loss Information Center, upper-limb amputations account for the vast majority (68.6%) of trauma-related amputations.
Lower Extremity Amputation
A lower extremity amputation involves the legs, feet, or toes, for example:
Approximately 185,000 people have an amputation each year. Males are at a significantly higher risk for trauma-related amputations than females. For both males and females, the risk of traumatic amputations increases steadily with age, reaching its highest level among those aged 85 or older.
If you sustained an amputation injury, you may be eligible for financial compensation. Through a Fresno amputation injury claim, you can hold a liable party accountable for the physical, financial, and emotional losses that you sustained.
Depending on the circumstances surrounding your case, multiple parties may be liable for your injury.
If your accident occurred at work, you could file a California workers’ compensation claim and recover benefits for medical care, wage replacement, and more. You can file this type of claim regardless of fault, but you will be unable to file a lawsuit. As a result, it is important to consult with a lawyer.
An Fresno amputation injury attorney from Freedman Law can help you plan your next steps. Whether you are holding a manufacturer, employer, or stranger accountable, we can craft a compelling case for your right to compensation.
After an amputation injury, you may be entitled to significant damages. Damages is a legal term referring to the compensation you can be awarded for losses or an injury caused by the wrongful act of another party. The following types of damages may be available:
The goal of a personal injury lawsuit is to provide you with sufficient compensation for your current losses and anticipated long-term financial losses due to your injury. Due to the severity of an amputation injury, these cases often have a much higher settlement value. However, your case’s worth can only be determined by its unique facts, such as the cause of the amputation injury, whether you contributed to the accident, and the extent of damages and the injury’s impact on your life.
To hold another party responsible for your amputation injury, you must be able to prove that their negligence is what caused it. Negligence is the failure to provide reasonable care in a given situation, which involves demonstrating the following four elements.
Duty of Care
The defendant (at-fault party) owed the plaintiff (victim) a duty of care. For example, suppose your amputation injury was caused by a car accident, and the defendant was the other driver. Drivers have a duty to operate their vehicles safely and follow traffic laws to prevent harm to others.
Breach of Duty
The defendant breached their duty of care by failing to act how another reasonable person would in a similar situation—for example if the defendant was driving while intoxicated, that would be considered a breach of duty since a reasonable person would not drive drunk.
Causation
The defendant’s actions directly led to the plaintiff’s harm. In other words, you would not have been injured if not for the defendant’s behavior. For example, if the defendant were sober, they would not have crashed into your vehicle, and if the defendant had not caused an accident, you would not have suffered an amputation injury. Medical records from the emergency room after the crash can help prove causation by establishing that your amputation injury was caused by the collision.
Damages
The plaintiff suffered damages as a result of the defendant’s breach of duty. (e.g., medical bills, lost income, pain and suffering, etc.)
California courts apply the theory of pure comparative negligence to amputation injury cases. Under the pure comparative negligence rule, each party to a personal injury lawsuit is assigned a percentage of fault that reduces their compensation accordingly. Therefore, whether you were partially responsible for the accident that led to your amputation injury can significantly impact the amount of compensation you can recover. For example, if you are awarded $500,000 but found 20 percent to blame for the accident, you will only receive 80% of the award, or $400,000. However, you can still recover damages even if you were 99 percent at fault.
If you lost a limb, you may be eligible for financial compensation. In these situations, the attorneys at Freedman Law can help you identify your optimal path to compensation. Contact us online or call 559-447-9000 to schedule your consultation with a Fresno amputation injury lawyer.