Chicago Amputation Injury Lawyer

Fighting for Maximum Compensation in Limb Loss Cases

Working with an experienced Chicago amputation injury lawyer can help you navigate the legal complexities of an amputation injury claim. Suffering limb loss, whether due to a traumatic accident, severe infection, or a necessary surgical amputation, is a life-altering event that impacts every aspect of your personal and professional life.

If your limb loss resulted from someone else’s negligence, you may be entitled to compensation for medical bills, lost income, prosthetic limbs, and pain and suffering.

Amputation Injury and Limb Loss Settlements We’ve Secured

• $12,000,000 – Recovery for a patient who suffered a brain injury and below-the-knee amputation following a botched cardiothoracic surgery.
• $7,900,000 – Settlement for a motorcyclist who underwent leg amputation after being struck by a vehicle making an illegal left turn.
• $7,000,000 – Product liability award against the manufacturer of a tilling machine that caused a worker’s hand and arm to be caught, resulting in amputation.

The Statistics of Limb Loss 

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

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

Some of the most common causes of traumatic amputations include:

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

Types of Amputations

Amputations vary based on location, severity, and medical factors. Common types include:

• Partial Amputation: Part of the limb is removed, but some function or structure remains.
• Complete Amputation: The entire limb is lost, such as a full arm or leg.
• Upper Limb Amputation: Involves the shoulder, arm, hand, or fingers.
• Lower Limb Amputation: Affects the hip, leg, foot, or toes. 

The Consequences of Amputation Injuries

Understanding the impact of an amputation is essential, as it often affects many aspects of life. Common consequences include:

• Reduced Quality of Life: Adapting to a prosthetic limb and new routines can be physically and emotionally taxing.
• Financial Strain: Costs for surgery, prosthetics, therapy, and long-term care add up quickly.
• Phantom Limb Pain: Many experience ongoing pain or sensations in the missing limb.
• Mobility Challenges: Daily movement may require assistive devices and significant adjustments.
• Mental Health Issues: Depression, anxiety, and post-traumatic stress disorder are common after limb loss.

Medical Complications: Risks include serious infections, blood clots, and cardiovascular strain.

Types of Cases Our Chicago 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 Chicago car accident lawyer from our firm can guide you through a detailed investigation, identifying negligence, and seeking fair compensation.
• Medical Malpractice: This often includes otherwise preventable amputations that lead to unnecessary limb loss. Our Chicago medical malpractice lawyers work diligently with medical experts to scrutinize each detail of your case and pursue compensation on your behalf.
• Workplace Injuries: Workplace accidents, such as those on construction sites, are significant sources of severe injuries. Our workers’ 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 an amputation injury lawsuit if limb loss occurs due to someone else’s actions. 

This type of amputation lawsuit typically provides compensation for medical expenses, lost income, 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 workers’ compensation claim with the help of an experienced Chicago workers’ compensation attorney from our team. 

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

Under the Illinois Workers’ Compensation Act (820 ILCS 305), employees are entitled to compensation for work-related injuries, including permanent partial disability benefits for amputations (820 ILCS 305/8).

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 Lawyers Can Help

If you’ve suffered an amputation due to negligence or a workplace accident, working with an experienced lawyer is key to protecting your future. Our team guides you through every stage of the legal process, starting with a free consultation to assess your options.

We investigate your case thoroughly, reviewing medical records, reports, and safety violations. Based on the facts, we determine whether to pursue a workers’ compensation, personal injury claim, or both. We handle all filings, ensure deadlines are met, and manage the discovery process, including gathering and exchanging key evidence.

Our goal is to resolve your case through negotiation whenever possible. If a trial is necessary, we’ll be fully prepared to represent you in court and fight for the outcome you deserve. 

Legal Liability in Cases Involving Amputation Injuries

The scope of legal liability in amputation 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: Under the Illinois Premises Liability Act (740 ILCS 130/1 et seq.), property owners have a duty to maintain safe premises. They can be held liable if negligent property maintenance caused the accident. 
• Medical Personnel: Under 735 ILCS 5/2-622 related to healing art malpractice, 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 case, proving liability hinges on demonstrating the following elements:

• Duty: Under Illinois tort law, the first step in proving negligence is showing the defendant owed you a legal duty of care. This varies by situation—doctors must provide competent care, while drivers must follow traffic laws. Illinois courts follow common law principles and are guided by Illinois Pattern Jury Instructions – Civil (IPI) to define and interpret duty in negligence cases.
• Breach: You must then show that this duty was violated, such as a driver running a red light or a medical professional ignoring proper procedures.
• Causation: There must be a direct link between the breach and your injury—for example, the negligence must have directly caused the amputation.
• Damages: Finally, you need to prove that the breach resulted in actual harm, such as physical loss, emotional trauma, or financial impact.

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

Under Illinois law (735 ILCS 5/13-202), you generally have two years from the date of the accident to file a personal injury amputation claim. In Chicago, these cases are typically filed in the Circuit Court of Cook County, located at the Richard J. Daley Center.

Per the Illinois Workers’ Compensation Act (820 ILCS 305/6), for work-related amputations, you must report the injury to your employer within 45 days, and file a claim with the Illinois Workers’ Compensation Commission (IWCC) within three years of the injury or two years from the last benefit payment, whichever is later. 

Deadlines can vary based on the facts of your case, so it’s best to speak with a personal injury attorney as soon as possible to protect your rights.

Damages We 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 costs, lost income, and physical pain and suffering. 

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 fixed timeline for settling an amputation case, as it depends on several factors. 

Severe or complex injuries often require extended medical treatment and evaluation, which can delay resolution. If liability is disputed, the case may take longer to settle compared to situations where fault is clear. Additionally, delays from uncooperative insurance companies can lead to prolonged negotiations or the need for 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.

Consult a Chicago Amputation Lawyer Near You!

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 hold the negligent parties accountable and pursue compensation 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.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.