If another person or entity’s negligence leaves you injured, it is a challenging situation, but if the accident leads to the loss of a limb or to amputation, the physical, financial, and emotional consequences can be life-changing.
Because just compensation is elemental to your ability to recover, working closely with an experienced Indianapolis amputation lawyer from the outset is paramount.
Types of Commonly Associated with Amputation
While any serious accident can lead to limb loss or the need for amputation, the following types are most closely associated:
- Traffic accidents, such as car, truck, motorcycle, bike, pedestrian, and bus accidents
- accidents on construction sites
- Slip-and-fall accidents, dog attacks, and other kinds of premises liability claims
- Accidents that lead to serious burns
- Faulty commercial products and other kinds of product liability claims
Regardless of the kind of negligence-based amputation injury, reaching out to a dedicated amputation injuries lawyer early in the process is always in the best interest of your recovery.
When should a limb be amputated?
Amputation is often necessary in all the following situations:
- When the associated injury affects the body part in question to a degree that repair is not possible
- When failure to amputate jeopardizes the victim’s survival
- When the associated injury cuts off the flow of blood to the affected area for an extended period and leads to tissue death in the process
Damages Available for an Amputation Injury
You can expect the legal damages – or losses – you face as a result of an accident that is serious enough to require amputation to be immense. The loss of a limb can affect every aspect of your life, including your ability to socialize, earn a living, and even enjoy the same level of independence that you did prior to the accident. Clearly accounting for your full range of losses is key to your ability to regain your health and well-being.
Your medical expenses
The medical costs you face as a result of amputation are likely to be considerable from the start and evolve over time. Amputations include long-term costs related to prosthetics, physical therapy, and occupational therapy.
Your lost income
An amputation can keep you off the job for a considerable stretch, and it can leave you unable to return to your former position at all. The losses you experience in terms of lost earnings and lost earning potential can prove financially devastating.
Your physical and emotional pain and suffering
The emotional price you pay as a result of losing a limb is difficult to overstate. A prime example is the phantom pain that many amputees experience in their missing limbs, which can be excruciating and very difficult to treat effectively. Coping with a loss of this magnitude is a daunting endeavor.
The Elements Necessary to Your Amputation Claim
You’ll need to demonstrate that four basic elements are present to bring a successful amputation claim.
The other party owed you a duty of care
Claims related to amputation accidents and amputation injuries are based on the other party failing to live up to their duty of care. For example, other motorists have a duty of care or responsibility to your safety when you share the road together – just as you have a duty of care to theirs. The same is true of commercial property owners and manufacturers of consumer products.
The other party breached the duty of care
The other party failed to uphold their responsibility to your safety. This negligence can take many forms, but when it comes to traffic accidents, for example, the following types of negligence are most common:
- Failure to abide by the traffic laws
- Excess speed
- Distraction
- Exhaustion
- Aggression
- Impairment
The other party’s negligence was the direct cause of the accident
The other party’s wrongdoing must have been the direct cause of the accident that left you injured. This is a critical element of your claim, and it’s generally established through evidence like the following:
- The physical evidence gathered at the scene of the accident
- Any photos or videos captured at or near the scene, including dash cam footage – in traffic accidents
- The police or accident report
- The testimony of eyewitnesses
- The testimony of those with expertise in relation to the mechanics of your accident or your injury
- Your medical records and your medical team’s opinions on the matter of your recovery and prognosis
- Your personal account of how the accident and injury have affected your life, as well as the testimony of those close to you
- Your employment and pay history
You suffered covered losses as a result
If the accident in question causes you to lose a limb, it will be difficult to deny that you’ve suffered losses that are addressed by the law.
An Amputation Injury Lawyer in Indianapolis Can Help
Sevenish Law Personal Injury Lawyers fiercely protects those who’ve suffered catastrophic injuries like amputations. We are well-prepared to advocate for fair compensation that covers your losses in their entirety. We’re committed to the defense of your legal rights and support of your brightest future. Contact us or call us at 317-636-7777 to schedule your consultation.
Amputation Injury FAQs
Will my claim go to court?
Most personal injury claims settle out of court, so there is no reason to think that yours won’t follow suit. If, however, the involved insurance company refuses to engage in good faith negotiations, your attorney will likely advise you to file a lawsuit against them.
Is there a time limit for filing a lawsuit against the insurance company?
Yes, Indiana implements a strict time limit of two years from the date of the injury causing accident – which is known as the statute of limitations – for filing lawsuits in personal injury cases.
Do I need a lawyer?
Without the skilled legal guidance of an amputation injury lawyer, obtaining the compensation you need to reach your fullest recovery becomes that much more challenging. The damages associated with an injury this serious are too great to leave to chance.
