Amputations can cause physical, mental, and emotional damage that can last a lifetime. If you or a loved one has experienced an amputation due to negligence, you may be entitled to compensation.
Texas personal injury laws enable you to file a personal injury claim to seek reimbursement for your life-long injury, so long as you are less than 51% at fault for the accident. However, that doesn’t mean it’s easy to win an amputation injury case. You must be able to prove another party’s liability for your injury to recover compensation from them. A personal injury attorney from our firm can help.
What Is a Traumatic Amputation?
According to Johns Hopkins Medicine, 45% of amputations are considered traumatic amputations. Traumatic amputations occur during an accident, wherein you lose a limb at the actual time of the accident—doctors who perform amputations due to tissue destruction or infection perform surgical amputations.
Both traumatic amputations and surgical amputations may qualify for compensation depending on the circumstances.
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Common Causes of Amputation
Traumatic amputations are often due to one party’s negligence. When this is the case, we encourage you to seek compensation from the liable party following your limb loss. Some of the most common causes of traumatic amputation are:
- Construction workplace accidents
- Medical malpractice
- Motor vehicle accidents, especially motorcycle accidents
- Motor vehicle accidents involving pedestrians or cyclists
- Dog attacks
In each of these scenarios, another party could be responsible for your injuries and other damages. When the evidence points to this, we can use it to fight for your financial recovery through a claim or lawsuit.
Establishing Negligence in a Texas Personal Injury Case
The personal injury laws in Texas outline what it takes to win an amputation injury case. In general, we must establish the following elements of negligence:
- Duty: The plaintiff must prove a responsibility to conform to a specific code of conduct. For example, a driver must not be drunk or under any influence (whether drugs or sleep deprivation) while driving.
- Breach of Duty: The plaintiff must prove that the defendant failed to fulfill their own duty. For instance, a driver was drunk while driving. They should also show that any “reasonable person” would know that breaching the duty would create danger and harm. For example, any “reasonable person” should know that driving while drunk is dangerous.
- Cause in Fact: The plaintiff must show that the breach of duty caused their injury (the accident would not have happened if the driver had performed their task responsibility).
- Damages: The plaintiff must show that they experienced physical or emotional injuries. This process is relatively simple, especially if you received a traumatic amputation: you can show the court your injuries, and they will recognize your damages.
We win personal injury cases by providing evidence that proves our client’s claim is more likely to be accurate than false. Our attorneys could do the same for you when you choose our firm.
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The Long-Term Impact of Amputation Injuries
The physical, emotional, and financial toll of amputation will last your entire life. As such, we consider all of these when weighing the potential value of your claim. Some critical factors to consider when evaluating the amount of damages to seek are as follows:
- Phantom limb pain, which Johns Hopkins describes as “almost universal” for individuals with amputations
- Increased fall risk following the amputation
- Pain management and any relevant complications
- Loss of future earnings and capacity to earn because of your disability
- Disability accommodations and expenses
- Impact on benefits and future employment accommodations
- Loss of consortium
- Mobility aids cost of purchase
- Physical therapy
- Potential future surgeries
- Counseling and other mental health services
These are the types of damages for which you could recover compensation.
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Filing Your Amputation Injury Case
When you and your lawyer have concluded the amount you should seek for your amputation, they will inform the defendant on your behalf. At this point, our team may try to negotiate a settlement offer from the liable party and their insurer, or we may go to trial and fight for a court award.
Texas uses a “fault percentage” system wherein the judge assigns percentages of fault to those involved in an incident. The higher your percentage, the lower your compensation will be up to a certain point. Our team will work to prove the other party’s liability and fight off any claims that you were the one responsible for the collision.
Call Loncar Lyon Jenkins Today
If you or a loved one experienced an amputation injury, you could qualify for compensation. Let us help you sort out the relevant information, calculate the damages potentially available to you, and aid in your financial recovery so you can heal with a little less weight on your shoulders.
We want to help you recover financially, mentally, and physically, so call Loncar Lyon Jenkins today for your free case review. As a personal injury attorney, we work on a contingency basis, saving you from paying upfront legal fees. We will only receive a payment if we win or settle your case.