An amputation is the loss of a limb that results from a traumatic accident or illness such as diabetes, blood vessel disease, blood clots, or a bone infection. An amputation is a life-changing event that results in the need to do things differently or rely on someone else to do them. When someone suffers the loss of a limb due to a vehicle crash, a workplace accident, or other trauma that is the result of negligence on the part of a person or entity, the individual may be eligible to file a personal injury lawsuit in California. An amputation injury attorney can evaluate the circumstances surrounding the accident and determine whether there are grounds for a personal injury lawsuit.
What Kind Of Accident Results In Amputation?
Many people associate amputation with a catastrophic accident and that is one of the causes of amputation. There are many causes of amputation including:
- Car or truck accidents
- Workplace accidents
- Burn injuries
- Medical malpractice
- Medical conditions
- Defective products
- Pedestrian accidents
A limb amputation could be caused by an ongoing situation such as a hospital acquired infection like sepsis. The loss of a limb may be caused by the failure to diagnose and treat blood clots after surgery. A pedestrian may be hit by a car and suffer the loss of a limb as a result.
Another cause of amputations is workplace accidents. A piece of heavy equipment may fall on a worker damaging an arm so severely that amputation is necessary. There may be an explosion inside a factory that causes devastating injuries including amputation. Or a press operator gets their hand is caught in a press and the injuries are so great that fingers are amputated.
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Negligence As A Cause Of Amputation
When an amputation is the result of someone else’s negligence, the following elements must be present to be able to recover damages for the injury:
- Duty of care
The person who caused the injury has a legal obligation to use reasonable care to avoid injuring others. This is also called a duty of care. The breached that duty of care by some action or failure to act. That breach of duty caused the injury and resulted in physical injuries known as damages.
What Are Associated Costs Of An Amputation?
The are many costs associated with amputation, some of which are immediate such as medical treatment and others may occur over a long period of time while the person heals. In some instances, the pain is ongoing throughout the person’s lifetime.
The costs of an amputation are separated into to two categories: economic and non-economic. Economic damages may include the cost of medical treatments and therapies, prostheses, modifications to the person’s home, lost past and future income, and others.
Non-economic damages are highly subjective and may vary with each case. The costs associated with non-economic damages can be difficult to calculate. Some examples of these kinds of damages are pain and suffering, physical impairment, loss of enjoyment of life, and disability or disfigurement.
Amputation victims may be entitled to significant compensation through personal injury cases. A personal injury claim for amputation should be handled with assistance from an experienced amputation attorney in Woodland Hills, California. The attorney can gather the required medical evidence to prepare and present the case and prove that the amputation is the result of negligence. They can link the injury to economic and non-economic damages related to the amputation. In addition, the attorney can call in expert witnesses to testify about the future needs of the client related to their injuries and ongoing medical needs.