An amputation injury can leave you and your loved ones devastated and reeling. No one anticipates losing a limb in an accident, especially if someone else’s negligence caused the accident. Amputation injuries impact a person’s life beyond their surgery and rehabilitation; they will need to make a lifelong adjustment to losing a body part.
At Dell & Dean, PLLC, our New York attorneys have extensive experience in amputation injury cases. We understand the devastating impact of such accidents and work tirelessly to help victims recover the compensation they deserve. If you’ve experienced an amputation due to an accident, we’re here to guide you through the legal process, ensuring you understand your rights and options. Our skilled team will handle every aspect of your case, striving to secure the maximum compensation available.
Causes of Traumatic Amputations
Amputations are considered serious injuries, and many different types of accidents can cause them. In most cases, an accident results in a person’s limb being torn from their body. In other cases, a person’s lamb becomes so severely injured in an accident that doctors recommend removing the limb. No one should have to endure losing a limb because of another person’s negligence, recklessness, or intentional behavior. Unfortunately, victims can suffer amputations from the following preventable accidents:
- Car accidents
- Truck accidents
- Construction accidents
- Motorcycle accidents
- Commercial vehicle accidents
- Machinery accidents
- Scaffolding accidents
- Surgical errors
Types of Amputation Injuries
There are many different types of amputation injuries. Regardless of which part of your body has been affected by an amputation, the pain and emotional trauma of adjusting to a new way of life can be significant. Some examples of amputation injuries include the following:
- Partial foot amputation
- Partial hand amputation
- Wrist disarticulation or amputation
- Elbow disarticulation
- Ankle disarticulation
- Knee disarticulation
- Above-the-elbow amputation
- Below-the-elbow amputation
- Above-the-knee amputation
- Shoulder disarticulation
- Hip disarticulation
What Damages Are Available in Amputation Claims?
“Damages” refers to the economic and non-economic costs associated with your amputation injury. Under New York law, victims of personal injury accidents can pursue damages from the party or parties whose negligence caused their injuries in a civil lawsuit. Amputation is a severe injury that requires expensive and ongoing medical care.
Consequently, the damages and amputation cases tend to be high because of the severity of the injury and the lasting impact it will have on the victim. By pursuing a personal injury lawsuit, victims of amputation may be able to recover the following types of damages:
- Hospital bills
- Surgical bills
- Doctor’s office visits
- Automotive repairs
- Rehabilitative therapy
- Prescription medication
- Occupational and physical therapy
- Prosthetics and other medical equipment
- Lost wages
- Loss of earning potential
- Durable medical equipment
- Loss of enjoyment and quality of life
- An adaptive vehicle
- Pain and suffering
- Punitive damages
Proving Liability in an Amputation Lawsuit
Recovering compensation through a personal injury lawsuit requires the victim to prove liability. As the plaintiff in the lawsuit, the person who experienced an amputation needs to prove that the defendant is liable, or financially responsible, for the damages caused by the amputation. Proving liability requires proving several elements.
The plaintiff will need to prove that the other party behaved negligently. Negligence means the failure to use reasonable care under the circumstances to prevent injuries to others. The plaintiff must also prove that the defendant’s actions caused the accident that resulted in his or her amputation. Finally, the plaintiff needs to prove that because of the amputation, they have suffered financial damages requiring compensation.
The Benefits of Working with an Experienced Attorney
Proving liability can be challenging. The defendant and the insurance company will likely argue that they did not cause the accident. They may even try to blame you for the accident. Insurance companies may deny your claim outright or offer you a settlement amount that is far too low to cover all of your ongoing expenses.
You do not have to pursue your claim for compensation alone. Dell & Dean, PLLC is prepared to advocate for you to recover every penny you deserve. We have a team of experienced attorneys with trial experience. We are prepared to handle complex cases involving catastrophic injuries like amputations.
We approach every case with thoroughness and dedication. We will work tirelessly to negotiate a settlement that fully compensates you for your damages. However, we are prepared to advocate for you at trial if a settlement cannot be reached. Engaging an attorney promptly can help safeguard crucial evidence. We will immediately initiate an investigation, gather evidence, and interview witnesses, leaving no stone unturned in building your case.
Consulting with Experts
When needed, we will consult with experts who can help shed light on the cause of the accident. We also work with financial experts to carefully estimate all of the medical expenses you’ll have in the future. For example, your case may benefit from working with a trauma surgeon who can explain the emergency procedures and the occupational and physical therapy you’ll need to receive in the future. We can work with mental health experts who can discuss the emotional and mental toll you’ve experienced from your amputation.
Contact Our Amputation Injury Attorneys Serving New York & Long Island
Time is of the essence in personal injury cases, including amputation claims. New York state has a statute of limitations, which means you must file your claim within three years of the amputation to avoid dismissal. To ensure you don’t miss this crucial deadline, contact the skilled attorneys at Dell & Dean, PLLC, for a complimentary, no-obligation case evaluation. We’re here to answer your questions and help you protect your rights.
Dell & Dean, PLLC handles claims throughout Nassau County and Suffolk County on Long Island, as well as the boroughs of New York City and the surrounding areas.
