Frequently Asked Questions
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Amputation Injuries

  1. Who can sue for an amputation injury?
  2. Who can be held responsible for an amputation injury?
  3. What if I was also at fault for the accident, which caused my amputation?
  4. Is it important to quickly investigate an accident, which results in an amputation?
  5. Is the existence of insurance coverage important?
  6. Will my attorney need to retain experts to prove liability and damages even though my injury is so obvious?
  7. What damages am I entitled to recover in my amputation injury case?
  8. How soon after my accident must I bring a case?
  9. Do I need to retain an attorney?

Questions & Answers

Who can sue for an amputation injury?
Answer:
Anyone who is not seriously at fault themselves as long as they can prove that some other person or entity is more at fault and that their fault has caused this serious injury.

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Who can be held responsible for an amputation injury?
Answer:
Anyone whose fault can be shown to have caused the injury. This could include the driver of a motor vehicle, the manufacturer of machinery, or the owner of property.

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What if I was also at fault for the accident, which caused my amputation?
Answer:
As long as you are not so clearly at fault that your fault is greater than the fault of the person who hurt you, you can still recover.

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Is it important to quickly investigate an accident, which results in an amputation?
Answer:
It is always important to quickly investigate an accident, but even more so when there is a very serious injury such as an amputation. Important facts can disappear very quickly.

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Is the existence of insurance coverage important?
Answer:
It is always important. It is very difficult to collect on a large judgment against an individual, even a corporation. Thus, the existence and amount of insurance coverage is always very important to determine.

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Will my attorney need to retain experts to prove liability and damages even though my injury is so obvious?
Answer:
Yes. It is vital to have competent and skillful experts to establish both the responsibility of the person or company that is at fault, and also to have medical support to explain what all a person who has suffered an amputation has gone through in the past and will go through in the future, both in terms of medical care and complications of their daily lives.

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What damages am I entitled to recover in my amputation injury case?
Answer:
You are entitled to both economic and non-economic damages. Economic damages include medical expenses, wage loss and future medical expenses, and future loss of earning capacity that results from the injury. Non-economic loss is meant to compensate you for the pain that your injury has caused, the tremendous inconvenience and change in your lifestyle, and your inability to participate in activities that are important to you. It also includes compensation for the emotional harm that the injury has caused you.

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How soon after my accident must I bring a case?
Answer:
This is determined on a case-by-case basis. It depends upon the complexity of the facts of the accident together with an assessment of when the medical condition has stabilized to the point that the doctors can advise us with some degree of certainty about what the future will hold in terms of ongoing medical care, disability and limitations on lifestyle. A case must be started before the statute of limitations runs. There are numerous statutes of limitation, and it depends upon the nature or type of claim you are making.

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Do I need to retain an attorney?
Answer:
Investigating and developing a claim for a serious injury such as an amputation is a very complex process. Attorneys who are experienced in handling serious personal injury claims are best situated to make sure that this process is carried out in a way that best protects your interest and maximizes the compensation that you receive.

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