Having to get an amputation is a traumatic experience that requires significant adjustment. Although amputating a limb is often a life-saving measure, it often comes at a high financial and emotional cost.
If another party’s negligence caused a situation that led to your amputation, you have the right to hold that party financially accountable. Working with a Memphis amputation lawyer could result in a settlement or verdict that reimburses your present and future out-of-pocket expenses and compensates you for your pain, emotional trauma, disability, and the other losses you suffered due to your amputation. Call a local catastrophic injury attorney to review your case and discuss your legal options.
Common Causes of Amputations
Many types of accidents can lead to amputations. When a limb sustains extensive damage in a car wreck, boat accident, or work incident involving heavy machinery, amputation often offers the best chance of moving forward without pain. Burns can cause extensive damage that could lead to infection or gangrene and the need to amputate. In any of these circumstances, modern prosthetics may offer more functionality than a damaged limb.
When an amputation is the result of another party’s negligence, that party has a legal responsibility to pay for the injured person’s damages. For example, an at-fault driver may be responsible for providing compensation to someone who needed a lower leg amputation after a motorcycle accident. A Memphis attorney could review the circumstances that led to an amputation injury and pinpoint who might be liable for the injured person’s damages.
Amputation Often Requires Ongoing Care
Every person is different and may have their own response to undergoing an amputation. However, nearly everyone who experiences an amputation requires ongoing treatment and rehabilitation. In the first weeks and months post-amputation, a patient may require physical and occupational therapy. They may also need adaptive devices.
In many cases, the patient will be fitted with a prosthetic and must learn how to use it safely and effectively. Wound care is also essential. However, depending on an injured person’s underlying health and any pre-existing conditions, maintaining healthy skin on the stump can be challenging.
People who experience amputation often require psychological support to adapt to the loss. The cost of this care can be substantial, but a Memphis attorney could ensure that any settlement for an amputation injury includes the cost of future care and support.
Bringing a Lawsuit Seeking Damages
According to the Tennessee Code Annotated § 28-03-104, someone who experiences an amputation due to another party’s negligence must file a lawsuit seeking damages within one year of the incident that led to the amputation. If the amputation resulted from medical malpractice, the patient has one year from the date of the medical error to sue unless the malpractice was not immediately apparent, in which case an injured person could have up to three years.
The person seeking damages must prove another party was negligent. Evidence establishing negligence differs in every case, but a skilled attorney could subpoena paper and electronic records, photographs and videotape, physical evidence, and obtain witness statements to build a strong case.
Sometimes, the person seeking damages bears partial responsibility for their injury. The law allows negligent plaintiffs to collect damages as long as they are less than 50 percent responsible for the incident. However, a court will deduct a proportionate amount from the plaintiff’s damages, so a plaintiff who is 25 percent responsible for an accident could collect only 75 percent of their damages. An amputation lawyer in Memphis could present a comprehensive case demonstrating that sole liability should fall on the defendant to secure the maximum possible compensation.
Contact a Memphis Attorney After an Amputation
An amputation is a life-changing event. When another party’s negligence caused or contributed to the need for amputation, that party has a legal obligation to pay for the damages.
You do not have unlimited time to take legal action, so retain a Memphis amputation lawyer as soon as possible. Call today to discuss your situation with a seasoned attorney at the Law Office of David E. Gordon.