How to File an Amputation Lawsuit in California - Adamson Ahdoot

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The Comprehensive Guide to Dismemberment and Amputation Lawsuits

May 15, 2023 Alan Ahdoot
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Trauma-related limb loss typically stems from car crashes and work-related accidents, which are often the result of careless or negligent behavior. Losing a limb can be financially and emotionally burdensome for the victim, especially if it’s due to an accident. Unfortunately, these incidents happen fairly often. Because of the serious consequences involved, it is important to know how to file an amputation lawsuit in California.

According to the Bureau of Labor Statistics, there were upwards of 6,200 cases of days away from work due to work-related amputations in 2018 alone. And the Amputee Coalition reports that about 45% of amputations in the United States are a direct result of traumas, such as motor vehicle accidents. 

Read on to learn what to do if you or a loved one has lost a limb due to a traumatic accident and how to file for a dismemberment and amputation lawsuit in California.

The Difference Between Dismemberment and Amputation

Dismemberment occurs when a person loses limbs after a catastrophic accident. Examples of dismemberment include loss of limbs, permanent paralysis, or loss of sight. 

On the other hand, amputation is a medical procedure done to remove limbs to prevent health complications. They’re typically done to treat infection, severe injury, or loss of blood flow to a particular limb. 

Traumatic Amputation Vs Surgical Amputation

Amputation can happen in two ways: traumatic or surgical. In a traumatic amputation, the loss of a body part results from an accident or attack. For example, the force of being thrown from a bike causes a limb to be detached from the body. Statistics show that 45% of amputees are trauma-related, and 70% involve the upper limbs.

Unlike traumatic amputation, surgical amputation happens after a surgeon examines the patient’s condition and determines the best course of action to cut off the affected limb. For example, when the limb is severely infected or damaged, there is no other alternative than to remove it. Otherwise, the patient’s overall health is compromised. 

Common Reasons Behind Dismemberment and Amputation

two men examining a prosthetic leg with a wheelchair behind them
Trauma-related amputees have the legal right to receive compensation for their loss of limbs.

Traumatic accidents often cause the dismemberment and traumatic amputation of a limb. The following are some common accidents where a person might lose a part of their body due to trauma: 

Surgical amputation occurs when disease, infection, or trauma affects a certain body part in a way that makes it impossible to save or threaten a person’s life. Examples of conditions where surgical amputation may be needed include:

  • Frostbite
  • Diabetes
  • Vascular disease
  • Peripheral arterial disease
  • Osteosarcoma
  • Fasciitis
  • Congenital amputation
  • Neuroma
  • Serious injury (e.g. a serious burn or crushed limb)

Amputation Rehabilitation and Care

The lives of amputation victims may be permanently altered, and they may need to undergo years of rehabilitation. In most cases, rehabilitation begins immediately after surgery and continues until the victim reaches the highest level of function possible. 

The length of recovery depends on several factors, such as the severity of the injury, the degree of amputation, and any secondary injuries the victim may suffer.

Amputation injuries don’t just affect victims physically, however. The sudden and devastating limb loss may result in severe mental health issues like depression, post-traumatic stress disorder (PTSD), and phantom limb phenomenon. As a result, they may also need psychiatric or psychological treatment for emotional distress. 

Legal Options After Dismemberment or Amputation

If you or a loved one has been involved in an accident that result in dismemberment or amputation, you should seek the advice of a lawyer who specializes in this area. If it’s been found that the accident was caused by another person’s negligence, you likely have a personal injury case on your hands.

A lawyer can help you recover economic and non-economic damages, such as medical costs and emotional distress. In these situations, recovery can take time and may be painful. An attorney can handle the complex legal aspects of your case, so you can focus on healing.

Recovering Compensation for the Loss of A Limb

California compensates work-related amputees for almost $200,000 depending on their age, occupation, and body parts lost. 

However, there is no specific amount for loss of limb payment caused by car accidents, but financial compensation can ensure you have the funds needed for:

  • Long-term medical care
  • Rehabilitation and therapy
  • Medical devices
  • Prescription medicine
  • Lost wages
  • Lost earning capacity
  • Disability
  • Emotional distress
  • Disfigurement and scarring
  • Physical pain

Speak to a Dismemberment and Amputation Lawyer Today

Our injury lawyers can help you pursue a negligent amputation lawsuit in California. They will work tirelessly to get you the compensation you deserve after such a traumatic accident.

We will work tirelessly to ensure you get justice. Call Adamson Ahdoot today at (800) 310-1606 to schedule a consultation with a personal injury lawyer.

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