SHREVEPORT-BOSSIER CITY ACCIDENTAL AMPUTATION INJURY ATTORNEYS
Shreveport Amputation Injury Lawyer
Beyond the many challenges and physical problems that come with an amputation, losing a limb also has a terrible emotional toll on victims and their families. There are many challenges to be faced, physically, emotionally, and socially. What’s more, many of those that have to live through amputations also suffer a significant loss of income and other financial damages. Such a situation can feel hopeless, but you are not out of options. A personal injury attorney can help you file a claim against the party (or parties) responsible for your accidental amputation and ensure you get the financial recompense you need to move on with your life.
We understand that accidents happen and no one is safe from human error, but our Shreveport personal injury lawyers at Greenwald Law Firm also know how the negligence of another can change your life forever. When this happens, you shouldn’t be left with the burden of paying for the extensive damages that accompany a catastrophic accident like an amputation. If you have been involved in an accident due to someone else’s negligence and need an attorney to fight for the compensation that you deserve, choose your lawyer wisely. Call Joseph Greenwald, Jr. at the Greenwald Law Firm today at 318-219-7867 to schedule a free consultation regarding your accidental amputation injury case.
What is an Amputation?
Amputation is the loss or removal of a body part such as a finger, toe, hand, foot, arm, or leg. As you can imagine, such an experience can be life-changing for victims, affecting nearly every aspect of their life. This includes their ability to move, work, interact with others, and maintain their independence.
There are two types of amputations – traumatic and surgical.
- Traumatic Amputation- Typically occurring in a very serious accident, these types of amputations are unexpected, sudden, and can be violent. They involve the partial or complete severing of a body part.
- Surgical Amputation- Whereas traumatic amputations happen without warning, surgical amputations are decided upon beforehand. They take place in surgery, often out of medical necessity following an accident. To save a patient from potentially fatal injuries, for example, a doctor may determine surgical amputation is necessary.
How Might an Amputation Injury Occur?
A number of accident situations could mean the direct loss of a limb or leave you with such severe injuries that medical professionals have no choice but to amputate. The most common situations include car accidents, truck accidents, motorcycle accidents, pedestrian accidents, workplace injuries, medical malpractice, and unsafe premises.
Motor Vehicle Accidents
Vehicle crashes (car accident, truck accident, motorcycle accident, etc.) are by far the leading cause of traumatic amputations. Even if the body part is not severed at the scene of the accident, severe burns and blunt force trauma may necessitate removing a damaged limb that cannot be saved. Those who ride bicycles and motorcycles as well as large truck accident victims are particularly vulnerable to limb loss trauma. Because many crashes are caused by the behavior of a negligent driver such as drunk driving, speeding, or distracted driving, victims of amputation caused by a car accident may bring a lawsuit to recover damages for their losses.
Motor vehicle accidents in general can cause serious, sometimes catastrophic injuries. Unfortunately, pedestrians who are involved in automobile accidents (whether that’s car accidents, truck accidents, motorcycle accidents, or any other motor vehicle accident) often get dealt an even worse hand. Pedestrians are especially vulnerable in traffic accidents, as colliding with a motor vehicle can cause serious injury to unprotected pedestrians. In fact, it is not uncommon for the injuries sustained in a pedestrian accident to be catastrophic or even fatal.
Numerous job areas carry a great risk of amputation, including construction, the wholesale and retail trade, the oil and gas industries, industrial workplaces, and agriculture. Amputations with occupational causes can happen because of dangerous work conditions that managers or owners resist fixing despite multiple complaints and/or citations.
With the increase of diabetes within our population, amputation is sometimes the only solution. But occasionally mistakes are made. While not all medical mistakes are looked at as malpractice, the failure to prevent blood clots from forming during surgery, and amputating the wrong limb can all be grounds for a medical malpractice suit.
A premises liability claim may be warranted after a person is injured on someone else’s property due to an existing unsafe situation. Slip and fall accidents are the most common type of premises liability case. If a property owner or manager fails to fix unsafe conditions on their premises, a devastating accident can occur that could result in a lost limb.
Amputation is often considered a life-saving medical treatment for a victim of a serious accident or health condition. However, as with any surgery, amputation carries some risks and complications, including:
- Phantom limb pain
- Excessive bleeding
- Muscle weakness
- Emotional distress
Other Catastrophic Injuries That Amputees Often Suffer From
Victims of traumatic injury accidents commonly suffer from more than just traumatic amputation injuries. For example, if you suffered from amputation injuries in a car accident you may also suffer from any of the following catastrophic injuries:
- Head injury, such as traumatic brain injury (TBI)
- Spinal cord injuries
- Neck injuries
- Back injuries
- Internal organ damage
- Partial or complete paralysis
- Nerve damage
- Significant disfigurement
- Broken bones
How Does Amputation Work?
Medical care for amputation injuries is often complex. No two amputation cases are alike due to the variety of incidents that can lead to limb injury. Together, surgeons will remove the diseased or damaged body part, and then work with the remaining bone and soft tissue to shape and stump. The surgical team may form the soft tissues at the end of the limb to help accommodate a prosthetic, or leave bone in place for a subsequent procedure, to offer a better quality of life and improve function and mobility.
Who Can Be Held Accountable for Amputation Accident Claims?
If your amputation injury is the result of negligence by another individual or business, you have the legal right to seek and recover financial compensation for damages. However, you will need to prove in court that their negligent action directly resulted in your severed amputated appendage or limb. Potential defendants in an amputation injury case could include motor vehicle drivers, construction workers, medical professionals, product manufacturers, employers, property owners, and more.
Whoever is to blame for your amputation injuries, we will handle all communication with the various parties while you focus on healing. Whether that’s reaching a settlement agreement with the insurance company or taking your case to trial, our Shreveport personal injury lawyers will fight to recover compensation from the responsible parties.
How to Prove That An Amputation Injury Was Caused by Negligence
A very important element in all amputation claims (and any personal injury case, for that matter) is the legal theory of negligence. If you and your legal representatives can’t prove that your amputation injury was the direct result of someone else’s negligence, you likely won’t be able to recover reasonable compensation. When hiring Greenwald Law Firm, we’ll work to prove fault on behalf of any and all negligent parties by establishing the following four elements of negligence:
- Duty of Care – Everyone owes each other a specific duty of care. Such as, all drivers have a personal responsibility to keep each other safe on the roads. Doctors owe their patients a certain duty of care as well.
- Breached Duty of Care – The negligent person breached this duty of care.
- Causation – You suffered an amputation injury as a direct result of the negligent person’s breached duty of care.
- Damages – You suffered numerous damages due to the negligent person’s conduct, therefore, you deserve compensation.
The Cost of Losing a Limb
Losing a limb can result in permanent lifestyle changes that can impact your overall quality of life. You may require long-term rehabilitation in addition to special care and equipment for your physical recovery. Overall, the cost of losing a limb can be expensive, especially if you account for things like:
- Initial treatment and rehabilitation
- Wheelchair and home modifications
- Mental health visits
- Temporary or permanent loss of income
The Shreveport personal injury attorneys at Greenwald Law Firm are experienced and can help you get justice if you have suffered either traumatic or surgical amputation. We are passionate about fighting for you while you recover. Because after all, if you are not responsible for the accident that resulted in your amputation, why should you be responsible for paying for the repercussions of some else’s negligence? An amputation attorney will make sure that both insurance companies and responsible parties pay you the full compensation you rightfully deserve for your injury.
Types of Compensation Available for Accidental Amputation Victims
Victims of amputation injuries and other serious injuries can recover a variety of economic and noneconomic losses, including but not limited to:
- Physical therapy expenses
- Past and future medical bills
- Expenses related to necessary medical equipment such as prosthetic limbs, walkers, wheelchairs, etc.
- Counseling expenses for amputees who suffer from PTSD and other nervous disorders
- Mental anguish
- Physical pain and suffering
- Lost wages
- Loss of enjoyment of life
- Loss of earning capacity if the amputation injury prevents the person from completing all of their previous job duties
In cases of wrongful death, surviving family members may also recover other specific damages through a wrongful death claim. This includes expenses for funeral and burial services, loss of companionship, loss of inheritance, and more. If this is the case for you, contact a Shreveport wrongful death attorney at Greenwald Law Firm today to learn more about your legal options.
Why You Need a Louisiana Personal Injury Attorney for Your Amputation Injury Claim
If you have suffered an amputation due to another’s negligence, you will want to consult a personal injury attorney in the Shreveport area. Amputations are considered a catastrophic injury, which can be far more complex from a legal standpoint. You need an attorney who knows Louisiana law and personal injury law like the back of their hand to ensure you receive the maximum amount of compensation available to you.
Complex injury claims usually involve large amounts because the patient who has suffered the injury may require extensive medical treatment and not be able to return to work. Along with a lawsuit, a personal injury victim may also qualify for disability benefits.
Pursuing a claim for fair compensation can be quite complex. It will require medical evidence, timely filing of documents, and more. And unfortunately, insurance companies often see compensating amputee victims with hefty settlements more like a threat than an opportunity because it means fewer profit-producing cases in their portfolio of clients. Working with a Greenwald attorney ensures that you apply for all the compensation for which you may be eligible.
Amputation Accident? Call the Shreveport Injury Lawyers at Greenwald Law Firm Today
If you or someone you love has recently suffered an amputation resulting from another person’s negligence in Shreveport, you have the right to seek compensation for your injuries. Although no legal action can replace what you have lost, filing a personal injury claim can help you obtain the compensation you need for your medical expenses, lost wages, and the physical and emotional pain you have suffered. It can also ensure the negligent party is held liable for their actions and hopefully prevent others from suffering the same fate.
To find out whether you could have a case in a free legal consultation, contact a Shreveport personal injury lawyer at Greenwald Law Firm today by calling 318-219-7867 or completing our online intake form here.