Chicago Amputation Injury Lawyer

Suffering an amputation, whether it’s a traumatic or a surgical amputation, is a life-altering event that affects every facet of an individual’s personal and professional life. 

Keep reading to learn how you can seek justice and secure compensation and what Rosenfeld Injury Lawyers can do to help. 

The Statistics of Limb Loss

Limb loss is a significant medical issue with far-reaching repercussions. Consider the following statistics: 

• Currently, there are 2.1 million people living with an amputation in the USA, a figure that is expected to double by 2050. [1]
• Each year, 185,000 people undergo an amputation. [1]
• Globally, approximately 75,850 prosthetists are needed to adequately treat individuals with traumatic amputations. [2]
• On average, 507 people lose a limb each day in the U.S. [3]
• Approximately 36% of individuals living with amputation experience depression, highlighting the significant psychological impact. [3]
• The lifetime healthcare costs for amputation injury victims amount to $509,275, underscoring the substantial financial implications. [3]
• Lower limb amputation sites account for approximately 65% of all amputations in the US, making it the most common type. [3]

The Most Common Causes of Amputation Injuries

Amputation injuries are serious, life-altering events that require immediate medical attention and long-term care. 

Approximately, 54% of these incidents occur because of vascular diseases or other health conditions like diabetes and peripheral arterial disease (PAD) that disrupt blood circulation. [4] However, 45% of amputations can be attributed to traumatic injuries. [4] 

Some of the most common causes of traumatic amputations include:

• Motor Vehicle Collision
• Workplace Injuries
• Medical Malpractice Cases
• Motorcycle Accidents
• Power Tool Accidents
• Burns

Types of Amputations

Amputations may vary significantly depending on the injury location, prognosis of recovery, and other medical factors. Some are surgical amputations, while others are traumatic. 

The most common types include:

• Partial Amputation: In these cases, a portion of the limb is amputated, but some functional and/or structural elements remain.
• Complete Amputation: When an entire limb, such as a leg or arm, is removed due to a catastrophic injury, it’s referred to as a total amputation. 
• Upper Limb Amputations: Upper limb amputations involve extremities from the shoulder to fingertips, including arm amputation.
• Lower Limb Amputation: Lower limb amputations involve parts ranging from hips down to toes. It covers foot/leg amputation.

The Consequences of Amputation Injuries

Understanding the potential consequences of a serious injury like amputation is pivotal in assessing its overall impact. These may include:

• Decreased Quality of Life: Amputees often have to substantially adapt their routines and lifestyle and learn to use a prosthetic limb, which can induce stress and pose challenges for everyday activities.
• Financial Burden: With medical bills such as surgery costs, maintenance or replacement of prosthetic limbs over time, and ongoing physical therapy services, there’s undeniably a high financial burden inflicted on people who have to undergo amputation.
• Phantom Limb Pain: Many amputees experience phantom limb pain, where they continue to feel sensations and physical pain where the limb used to be. 
• Mobility Issues: Considerable changes in physical mobility are a direct consequence of amputation. You may require equipment like wheelchairs or crutches, and adjusting to these can be challenging. 
• Mental Health Concerns: Dealing with the loss of a limb often leads to psychological distress and emotional trauma, including post-traumatic stress disorder, depression, and anxiety.
• Health Complications: Potential serious complications related to an amputation could include blood clots, severe infections, or heart disease. [5]

Types of Cases Our Amputation Lawyers Handle

Our experienced team of amputation attorneys handles a wide range of cases. Here are some of them to give you a better sense of the representation available to you:

• Motor Vehicle Accident: Sometimes, a traumatic amputation occurs in severe car accidents and motorcycle crashes. A skilled car accident lawyer from our firm can guide you through a detailed investigation, identifying negligence, and seeking compensation.
• Medical Malpractice: This often includes preventable amputations that lead to unnecessary limb loss. Our medical malpractice lawyers work diligently with medical experts to scrutinize each detail of your case and recover compensation on your behalf.
• Workplace Injuries: Workplace accidents are significant sources of severe injuries. Our worker’s compensation lawyers can guide you through the process, making sure your initial claim is filed on time. 

Legal Avenues That Amputation Injury Victims Can Explore

When faced with an amputation due to someone else’s negligence, exploring your legal options is crucial for ensuring financial stability and securing justice. 

Personal Injury Lawsuit

Personal injury law allows you to recover compensation for any harm caused by another individual’s negligent or willful actions. Our Chicago personal injury lawyers can assist you in filing a lawsuit if an amputation occurs due to someone else’s actions. 

This type of amputation lawsuit typically provides compensation for medical expenses, lost wages, and decreased earning capacity. 

Workers’ Compensation Claim

If your amputation injury occurred at work, regardless of whether your employer was negligent, you might be able to file a worker’s compensation claim with the help of an experienced worker’s compensation attorney from our team. 

The benefits provided under workers’ comp usually include payment for necessary medical treatment and pain management related to the injury as well as wage replacement and possibly vocational training.

Fatal Amputation Injury Claims

In cases where an amputation injury results in a fatality, the person’s family members may be able to file a wrongful death suit by contacting our Chicago wrongful death claim attorneys.

How Our Amputation Injury Lawyers Can Help

• Initial Consultation: We review the details of your case and offer guidance on viable legal avenues.
• Investigation: Our team investigates incident reports, medical records, safety regulations violated, and any other relevant evidence to build a strong foundation for your claim. 
• Determining Case Type: We will determine whether it’s appropriate to file a workers’ compensation claim, a personal injury lawsuit, or both. 
• Filing The Claim or Lawsuit: We help you file an amputation claim in the proper court or with the appropriate agency, ensuring adherence to jurisdictional requirements and deadlines.
• Discovery Process: This phase involves formally exchanging information between parties involved, including depositions and requests for documents.
• Negotiations: Through discussions with opposing legal representation or insurers, we aim for a fair settlement without needing to go to trial. This is typically quicker and less stressful for everyone involved. 
• Trial Preparation and Court Representation: If required, our team will represent your interests tenaciously in front of a judge or jury, ensuring that your side of the story is heard and understood in its entirety.

Legal Liability in Cases Involving Amputation Injuries

The scope of legal liability in amputation injury cases includes various entities depending on the context of the accident. Here are some of the most common parties that are held responsible:

• Employers at Construction Sites: When a construction worker sustains an amputation due to hazardous conditions or negligence on-site, employers may be liable. 
• Vehicle Operators: Being involved in vehicular accidents resulting from another person’s negligent driving could make the driver accountable for serious injuries.
• Property Owners: Property owners have a duty to maintain safe premises. They can be held liable if negligent property maintenance caused the accident. 
• Medical Personnel: If medical negligence leads to unnecessary or wrongful amputation, the involved healthcare providers could bear liability. 

Each situation requires careful legal analysis to identify all potential sources of liability and ensure that injured victims receive full compensation for their losses.

Proving Liability in an Amputation Injury Case

In an amputation injury case, proving liability hinges on demonstrating the following elements:

• Duty: First, it must be proven that the defendant owed you a legal duty of care under the circumstances. This could mean different things depending on the scenario; for example, doctors have a duty to provide competent medical care to their patients while drivers have an obligation to obey traffic laws and drive safely.
• Breach: Next is demonstrating that this duty was breached. An act or failure to act, i.e. violating this duty, must be shown. This could be a motorist running a red light or a surgeon failing to follow standard medical procedures.
• Causation: The breach of duty must have directly caused your injury, leading to the amputation. Essentially, there needs to be a clear connection between the negligent act and your harm.
• Damages: The final element is proving there were actual damages caused by this breach, which can include physical injuries like your amputation and emotional injuries as well.

Proving these elements requires solid evidence, such as eyewitness testimony, accident reports, medical records, and expert testimony. 

You Have Limited Time to Take Legal Action Following an Amputation Injury

Generally, you have two years from the date of the accident to take civil action, or you lose your right to file an amputation injury lawsuit.

For workers’ compensation claims, you must report the injury to your employer within 45 days and file a claim within three years from the date of your accident or two years from receiving your last benefit payment, whichever is later. 

Keep in mind that exceptions may extend or shorten these deadlines, but identifying them often requires legal expertise. 

Damages That an Experienced Amputation Lawyer Can Help You Recover

If you or someone close to you has suffered an amputation due to a workplace injury, it’s crucial to know the types of compensation available. 

Under workers’ compensation benefits, accident victims usually receive coverage for medical expenses related directly to the injury and a portion of their lost wages while they are unable to work. Depending on the severity of the injury, vocational training or permanent disability compensation could also be available. 

However, depending on the circumstances, you may be entitled to file a personal injury claim instead of or in addition to the workers’ comp claim. This type of claim provides more comprehensive damages, including medical expenses, lost wages, and pain and suffering. 

Financial Compensation Awarded for the Loss of a Limb

In most amputation cases, there are no predefined amounts for injuries, as settlements and awards will depend on numerous factors unique to each situation. Below is an example of the compensation we were able to recover for a client who suffered an amputation.

We fought for the rights of a motorcyclist who endured traumatic injuries when an elderly driver made a left turn directly into his path. The resulting collision sent our client forcefully into oncoming traffic, resulting in another devastating impact with a second vehicle.

This unfortunate sequence led to serious leg trauma that culminated in a below-the-knee amputation.

Through skilled advocacy and strategic negotiation, we secured $5.25 million for our client, which represented the full extent of coverage available through the insurance policies involved. 

Factors Affecting Amputation Injury Settlements

When it comes to financial compensation for the loss of a limb, particularly in accident cases, there is no predefined amount; the compensation varies based on individual circumstances. 

Each case is fundamentally distinct, with various factors determining the final settlement or court award. This includes:

• Medical costs incurred and projected future expenses
• Lost income and earning capacity 
• Necessary alterations to one’s living environment for accessibility purposes
• Pain and suffering
• Insurance coverage and availability 
• Strength of the evidence 
• Competence of your amputation attorney

The Time It Takes to Settle Amputation Injury Cases

There’s no strict timeline for settling amputation injury cases, as the duration depends on a variety of factors. Some of the most common factors that affect the timeline include the following:

• Extent of Injuries: More severe or complicated injuries may require extensive medical evaluation and treatment, which tends to prolong settlement times.
• Liability Disputes: Cases with clear liability tend to resolve faster compared with those where the fault is contested.
• Insurance Company Cooperation: Insurance companies contesting claims can delay settlements, requiring a long period of negotiations or even litigation.

The Cost of Hiring an Amputation Accident Lawyer

At Rosenfeld Injury Lawyers, we operate on a contingency fee basis. This means that you pay nothing upfront. 

Our fees are contingent upon securing compensation for your injuries and are deducted from that. In the event of no financial recovery, you will not owe us anything at all. We believe in minimizing clients’ financial risks while aggressively pursuing justice on their behalf.

Contact an Amputation Injury Attorney Today!

Whether your amputation was due to a work-related incident, medical malpractice, or an accident caused by someone else’s negligence, Rosenfeld Injury Lawyers is here to help you seek justice and pursue the compensation necessary for recovery and adjustment. 

Don’t hesitate to contact us to schedule your free consultation. Call us at (888) 424-5757 or contact us online to discuss how we can assist you.

Resources: [1] Access Prosthetics, [2] NIH, [3] Amputee Coalition, [4] Johns Hopkins, [5] NIH