There are multiple situations that lead to amputations. Product failures, workplace injuries, car accidents and property conditions each contribute to amputations. The removal of a limb or finger has a significant impact on an individual’s quality of life.
Medical bills, time spent on treatments, loss of income and pain each contribute to compensatory or punitive damages during the processing of a personal injury claim. Additionally, the long-term consequences amputees face, such as infection, skin problems or the inability to function efficiently, make amputation cases very complex. Following are some of the important components of cases involving amputations:
Circumstances: The circumstances that caused the amputation will have an impact on how the case is filed and how the plaintiff is compensated. For example, if the injury occurred in the workplace, the worker’s compensation
policy may cap the amount received and may prevent payment for pain and suffering.
Prevention and precaution: In many situations, especially those involving the workplace, injuries that lead to amputations can be avoided by either the employer or the employee. For example, new safety features, cautions or warnings posted near heavy equipment can contribute to the prevention of injury. Cases involving the workplace will require the careful examination of signage, policies, procedures and other documentation to determine negligence.
Negligence: Negligence is the cornerstone of personal injury claims. The plaintiff must prove that the person, product or entity, that caused the amputation had a duty to protect her from harm. Furthermore, the plaintiff must prove the defendant breached their legal duty of protection.
Medical coverage: Amputees face challenges related to returning to their previous condition. The number of surgeries, equipment and ongoing treatments can quickly become financially burdensome. As a result, amputees should carefully consider their current and future medical requirements when developing their request for damages and submitting their claims.