Losing a limb may be one of the most physically and emotionally raw things that someone can undergo. Most of the time, when a limb is amputated, it is due to a serious condition such as severe damage to a limb in a wreck, loss of blood, or an ailment or contamination. However, the loss of a limb because of a serious accident or wrongful amputation by a medical professional is something that nobody ever sees coming. These injuries are permanently disabling and can necessitate long-term mental and physical healthcare. Combined with wage loss, the mountain of unpredicted expenses can cause a significant financial burden to you and your family.
If you or someone you care for has lost a part of their body due to another’s negligence, you deserve to be compensated. However, catastrophic injury cases are always complex. The last thing you need during a time when you should be concentrating on healing is to worry about the expenses. You need an experienced injury attorney who has been helping survivors like you for decades. David E. Gordon is a Southaven amputation lawyer with the experience and dedication to get you the compensation you need.
Common Accidents Leading to Amputations
Some of the most common situations in which an amputation happens are:
Automobile Crashes
Serious car, truck, and motorcycle collisions can result in the loss of a body part.
Medical Malpractice
Certain medical errors can lead to removing a limb in error. For instance, doctors may fail to provide the recognized standard of care for health conditions, such as an infection. This can cause substantial and possibly lasting damage to an individual’s appendage, requiring full or partial amputation.
Product Defects
Various defective products can result in the loss of a body part. These products are often more dangerous for children whose smaller fingers and limbs may become caught in the defective or dangerous product more easily than a grown adult’s.
Work Accidents
Manufacturing, construction, and oil and gas extraction jobs have the highest rate of amputation injuries. This can happen because company owners or operators fail to detect or correct dangerous settings. However, defective equipment may also cause harm, necessitating the removal of a limb.
These are only some circumstances in which losing a limb may happen. A proactive lawyer at The Law Office of David E. Gordon can analyze the facts of an amputation case in Southaven to determine the total possible compensation a person could receive.
Filing a Claim for Compensation After an Amputation
It is important to take note of a few key elements to win a lawsuit. First is to obey the statute of limitations. Under Mississippi Code § 15-1-49, the legal timeframe for filing personal injury claims is three years from the day of the injury. However, it is one year for claims brought against a city, county, or government entity. If a person fails to file a claim within the legally mandated timeframe, they will lose their chance to obtain compensation for their losses. That is why it is best to avoid delay and consult with an attorney as soon as possible after experiencing harm.
To win a personal injury case, an injured party must show that a defendant is liable by proving four factors:
- That the defendant owed a genuine duty of care to them
- That the defendant violated that duty
- That the defendant’s conduct caused their injuries
- That they endured legally recognized injuries as a result
Upon proving the other side’s negligence, an injured individual can receive different types of financial remedies, which are called damages in the legal field. One is known as economic damages, which are “tangible” in that there are typically receipts or monetary amounts documenting the costs of their losses. Some examples include medical bills, loss of income, and home modification costs. Another type of damages is non-economic damages, which are subjective. This includes harm such as:
- Mental anguish
- Pain and suffering
- Scarring and disfigurement
- Loss of enjoyment of life
Notably, Mississippi follows a pure comparative negligence model, which means that fault is divided between the parties based on how much each contributed to the incident. A skilled Southaven attorney, like David, can help an injured person prove that the other side is liable for what happened so that they receive the comprehensive damages they need and deserve in their amputation case.
Let a Southaven Amputation Attorney Help You Recover
While nothing can be done to truly compensate you for the traumatic harm you suffered due to a wrongful amputation, financial compensation can help you to move forward. Every amputation injury case is unique, which means that recoverable damages are determined on a case-by-case basis.
Working with a well-practiced Southaven amputation lawyer can help you protect your legal rights and maximize your compensation. Call the Law Office of David E. Gordon for a free consultation as soon as possible.
