Amputation Injury Attorneys in Charleston
Suddenly facing the reality of life without one of your limbs is one of the most traumatizing experiences anyone can ever face. Whether it’s caused by medical malpractice, a serious car accident, assault, or another reason, amputation is an injury that has lifelong effects for victims and their loved ones.
Those who suffer amputations have a long road to recovery ahead of them. From learning how to do daily tasks without a limb to dealing with phantom limb pain and getting back into the workforce, the challenges never seem to be never-ending.
If you or a loved one has suffered an amputation injury, you should not face this struggle alone. With the help of a committed legal team, you can hold those liable for your injuries accountable. Life after amputation can be extraordinarily expensive, and you shouldn’t shoulder those costs on your own when someone else is liable. Learn more about your options and make a plan going forward by calling The Masters Law Firm, L.C. at 304-342-3106.
What Causes Amputation Injuries?
Almost any type of catastrophic accident or medical mistake can lead to amputation. What determines whether or not amputation occurs isn’t necessarily the event itself, but the severity of it. Since amputation injuries are increasing across the United States, a significant amount of research has gone into figuring out the causes, possible treatments, and preventative measures.
Some common causes of amputation injuries include:
- Traffic crashes. The primary cause of surgical amputation in the United States is car crashes. This includes passenger vehicle crashes, commercial truck crashes, motorcycle collisions, and pedestrian accidents. A victim may get stuck in a totaled car with damage to one limb, leading to unavoidable surgical amputation. They may be thrown from the vehicle, where they lose use of a limb and go through surgery to prevent further damage.
- Farming accidents. In West Virginia, farming accidents are a relatively common cause of amputation injuries. Compared to other industries, agriculture has an extremely high rate of amputations. This is due to the wide range of machines used in commercial farming.
- Workplace injuries. Those in other industries are also at risk of amputation. People who work in construction, manufacturing, and vehicle repair are all at risk of catastrophic injuries.
- Crush injuries. When an extremity is crushed, perhaps by a falling object, crumbling building, or collapsed roof, they can lose blood flow to one or more extremities very quickly. Furthermore, the crushing impact of these accidents can leave an extremity completely unusable. These accidents often lead to surgical amputation.
- Explosions and gunshots. This is a common cause of amputation for veterans. Gunshots, land mines, and even items like fireworks can all leave body tissue so damaged that amputation is the only option.
- Defective products. Unsafe products reach the market every year, and unfortunately, they often aren’t recalled until someone is seriously injured. Products missing safety features or built with low-quality parts can lead to catastrophic injuries for consumers. This includes items like lawnmowers, power tools, appliances, and other household items.
- Medical malpractice. Some medical conditions do require amputation. However, if a patient has a medical condition and the doctor does not actively manage their care, amputation may occur even if it could have been avoided. Similarly, amputation may be caused by surgical mistakes or other medical issues.
Types Of Compensation In Amputation Cases
Because amputation injuries are so catastrophic, victims are often entitled to substantial compensation across a wide range of categories. Everything depends on the specifics of your case, which is why it is recommended that you speak with a personal injury attorney as soon as possible after your accident. Some of the compensation you may be entitled to includes:
- Medical bills. Medical bills can be incredibly high after an amputation. A full and fair settlement should compensate you for every single medical expense you incurred because of your injuries.
- Future medical expenses. An amputation victim is likely to have ongoing care needs. Your settlement should account for the likely expenses you will incur in the future and compensate you for them.
- Physical and occupational rehabilitation. Learning to live with an amputation requires a significant amount of work. You should plan on working with physical and occupational therapists for months, if not years, to maximize your independence and your ability to complete daily tasks. This type of long-term care can be expensive, which is why it is often a major point of contention in settlement negotiations.
- Lost wages. Time you take away from work to recover from your injury should be compensated in a settlement.
- Lost future income. Depending on your field, you may have to stop working, switch fields, or give up future promotion opportunities because of your injury. If this is the case, it should definitely be a factor in negotiations.
- Mental anguish. Many amputation victims struggle with what the future holds and have difficulty coming to terms with their new normal. Those who suffer mental anguish or trauma because of an amputation may be entitled to compensation for it.
- Pain and suffering. Pain is always a major part of amputation injuries, from the incident itself to phantom pain that can linger for years or even decades.
Why You Need An Attorney
After an amputation injury, you may expect the liable party’s insurance provider to do the right thing and pay up, knowing how much hard work lies ahead for you. But unfortunately, this is usually not the case. No matter how obvious it is that the victim deserves substantial compensation, insurance companies will still do everything they can to pay as little as possible.
They might bring up preexisting conditions, suggest that you could have avoided the incident in some way, or try to find examples of you not following your doctor’s care suggestions. Anything you tell them or that they find out about you can be used against you, and you need a strong attorney to counteract that.
When you choose our firm, you can focus on the hard work ahead of you while trusting that your amputation injury legal case is in good hands. We know that you will need substantial support in the years to come, and we want to fight for compensation that will allow you to get the care and support you need.
Turn to The Masters Law Firm, L.C., for Help Today
If you are facing life after amputation and you’re not sure what comes next, let us help. With our extensive experience successfully representing personal injury victims in West Virginia, we know what it takes to convince insurance companies pay a full and fair settlement. And if an insurer is not willing to negotiate in good faith, we are ready and able to take your case to trial if necessary.