Experienced Fresno Amputation Injury Lawyer
Fresno Amputation Injury Attorney
Find out why we have some of the best Fresno amputation injury lawyers
Have You Recently Experienced an Amputation? You May Be Entitled to Compensation.
At Goldberg & Loren, our Fresno amputation injury lawyers specialize in helping individuals like you who have suffered from amputations. Our team of experienced attorneys understands the physical, emotional, and financial challenges that come with these injuries. We are here to fight for your rights and ensure you receive the compensation you deserve.
Contact Fresno amputation injury lawyers at Goldberg & Loren today for a free consultation. Don’t wait to get the justice you deserve.
What is an Amputation Injury?
An amputation injury is a devastating and life-altering event that involves the removal or severing of a body part, such as an arm, leg, finger, or toe. These types of injuries often occur in accidents involving heavy machinery, workplace accidents, motorcycle or car crashes, construction accidents, or medical malpractice incidents.
Amputation injuries can have severe physical, emotional, and financial consequences for the victims and their families. The physical pain and trauma associated with losing a body part are unimaginable, as it often requires extensive medical care, surgeries, and physical therapy to recover and adapt to the new circumstances. The medical costs can be overwhelming, with amputation injury victims facing substantial expenses for hospital stays, surgeries, medications, prosthetic limbs, rehabilitation, and ongoing medical care.
Amputation injuries can cause tremendous emotional distress and a significant loss of quality of life. The amputee may experience feelings of grief, depression, anger, and frustration, as they adjust to their new reality and face significant challenges in performing everyday tasks. The inability to engage in previously enjoyed activities and the impact on personal relationships can further compound the emotional anguish.
Nearly 2 million people are living with limb loss in the United States. [1]
Common Causes of Amputation Injuries
Motor Vehicle Accident
One common cause of amputation injuries in auto accidents, including car, motorcycle accidents, and truck accidents. These high-speed collisions can lead to severe injuries, including the traumatic amputation of limbs. The sheer force and impact of these accidents can crush or sever body parts, requiring immediate medical attention and, in some cases, surgical amputation.
Workplace Accidents
Another leading cause of amputation injuries is workplace accidents. Industries such as manufacturing, and agriculture are particularly prone to accidents that can result in amputations.
Machinery malfunctions, lack of proper safety protocols, inadequate training, and negligence can all contribute to these tragic incidents. A limb may become trapped or caught in heavy machinery, leading to traumatic amputation.
Construction sites can be dangerous environments and often contribute to amputation injuries. Accidents involving power tools, heavy equipment, and falling objects can cause severe damage to limbs, resulting in the need for amputation.
Medical Malpractice
Medical malpractice and surgical errors can also result in amputation injuries. While rare, these instances can occur when a healthcare professional fails to properly diagnose or treat a condition that ultimately leads to the need for amputation. Surgical errors, such as mistakes during a procedure or improper use of surgical tools, can also result in devastating consequences for the patient.
Types of Amputations Resulting From Trauma
- Upper Extremities: One common area of amputation due to trauma is the upper extremities, which include the arms, hands, and fingers.
- Lower Extremities: The lower extremities, including the legs, feet, and toes, are also at risk of amputation following traumatic events.
Severe injuries to the abdomen or pelvis caused by accidents or violence may result in the removal of damaged organs or body parts. Amputations in these areas are less common but can have profound impacts on a person’s overall health and quality of life.
Table of Contents
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What is an Amputation Injury?
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Common Causes of Amputation Injuries
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Common Areas of Amputations Resulting From Trauma.
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Aftermath of Amputation
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Damages Recovered in an Amputation Injury Case?
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Proving Liability for an Amputation Injury
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The Concept of Comparative Negligence in California.
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Why Work With Our Amputation Lawyers in Fresno?
Aftermath of Amputation
Physical
An amputation can lead to a myriad of changes in the body. Depending on the location and extent of the amputation, individuals may need to relearn basic tasks such as walking, reaching, or even holding objects. Physical therapy and rehabilitation become high-priority components of the healing process, as they help promote strength, mobility, and independence.
The use of prosthetic devices or assistive technologies is often a key aspect of adapting to life after amputation. Prosthetics can help restore function and improve the quality of life for amputees. The process of finding the right prosthetic and learning to use it effectively can be daunting and time-consuming.
Emotional
The aftermath of amputation can take a toll on individuals. Losing a limb can result in feelings of grief, anger, frustration, and even depression. The sudden change in physical appearance and the need to adjust to a new way of life can be overwhelming. Support from friends, family, and mental health professionals is essential during this time to address emotional needs and help individuals navigate their feelings.
Daily Living
From a practical standpoint, everyday tasks that were once second nature may now require adaptation and modification. Simple tasks like getting dressed, preparing meals, or driving may become more challenging. Modifications to living spaces may be necessary to accommodate mobility needs. Accessibility and mobility aids, such as ramps or handrails, may need to be installed to facilitate independent living.
Financial
Medical costs can quickly accumulate, including surgeries, hospital stays, prosthetics, and ongoing care. The loss of income due to an inability to work or the need for career changes can pose significant financial strain.
Damages Recovered in an Amputation Injury Case
Economic Damages
This includes medical expenses, both current and future, such as hospital bills, surgeries, rehabilitation, physical therapy, and the cost of prosthetics or assistive devices. Economic damages can include lost wages or loss of earning capacity if your amputation has affected your ability to work or pursue your previous occupation. It is important to keep a record of all your medical expenses and gather evidence to support your claim for economic damages.
Non-Economic Damages
These damages are not as easily quantifiable as economic damages. Still, they are highly important in recognizing the pain and suffering, loss of enjoyment of life, mental anguish, and emotional distress you have endured.
Losing a limb can profoundly impact your ability to perform daily activities and engage in hobbies or activities you once enjoyed. It may also result in scarring or disfigurement, affecting your self-esteem and overall quality of life. To seek non-economic damages, it is important to document and describe in detail the challenges and limitations you have faced since the amputation.
Punitive Damages
Punitive damages are meant to punish the defendant for their particularly egregious conduct and serve as a deterrent to prevent future similar conduct. Punitive damages are not always available or awarded in every case, and their availability depends on the specific circumstances and laws in your jurisdiction.
Proving Liability for an Amputation Injury
- Gather evidence: Start by collecting any and all evidence related to your amputation injury. This can include photographs of the accident scene, medical records, witness statements, accident reports, and other documentation supporting your claim. The more evidence you have, the stronger your case will be.
- Establish negligence: To prove liability, you must show that the other party was negligent in their duty of care towards you. This means demonstrating that they breached their duty, and as a result, caused your amputation injury. You need to establish that the other party was responsible for acting reasonably and failed to do so.
- Find witnesses: Eyewitness accounts can play a key role in establishing liability. If there were any witnesses to the accident, reach out to them and gather their statements. Their testimony can provide valuable insight into what happened and further support your claim.
- Consult with an expert: In many amputation injury cases, the expertise of a qualified expert can significantly strengthen your case. Experts, such as accident reconstructionists or medical professionals, can provide unbiased opinions based on their knowledge and experience. Their testimony and analysis can help establish who was at fault and the extent of the damages caused.
- Document the consequences: Thoroughly document your amputation injury's physical, emotional, and financial consequences. This includes medical bills, rehabilitation costs, lost income, and the impact on your daily life and overall well-being. Keeping a detailed record of these damages will help demonstrate the full extent of your losses and further support your compensation claim.
- Consult with our personal injury attorney: We have the knowledge, resources, and experience to navigate the legal process, gather evidence, and build a solid case on your behalf. Our attorneys will also work with you to determine the appropriate amount of compensation you should seek based on your specific circumstances.
The Concept of Comparative Negligence in California
- Pure Comparative Negligence: California follows the pure comparative negligence rule, which means that regardless of the degree of fault, you can still seek compensation for your damages. The amount of compensation you can recover will be reduced by your percentage of fault. If you are found to be 20% at fault for the accident that led to your amputation injury, your total compensation award will be reduced by 20%.
- Modified Comparative Negligence: In some cases, California follows a modified comparative negligence rule, also known as the "51% rule." Under this rule, you can seek compensation as long as you are not more than 50% at fault for the accident. If you are found to be 51% or more at fault, you will be barred from recovering any compensation.
Determining the percentage of fault is often a contentious issue in personal injury cases. Insurance companies and defense attorneys may try to shift more blame onto you to reduce their liability. This is where having our skilled personal injury lawyers in Fresno by your side becomes critical. We will fight to protect your rights and ensure you are not unfairly assigned more fault than you deserve.
Why Work With Our Amputation Lawyers in Fresno?
Our team of personal injury lawyers at Goldberg & Loren understands the physical, emotional, and financial challenges faced by amputation injury victims and is committed to providing exceptional legal representation.
When you work with our Fresno amputation injury lawyers, you can expect personalized attention and compassionate support throughout the legal process.
We have extensive experience handling personal injury cases, including those involving amputation injuries, and have a track record of successful outcomes for our clients.
If you would like to talk to an attorney about your situation in the context of a free consultation, contact our Fresno law office today.
Source:
[1] Limb Loss Statistics – Amputee Coalition. (2015, January 13). Amputee Coalition. https://www.amputee-coalition.org/limb-loss-resource-center/resources-filtered/resources-by-topic/limb-loss-statistics/limb-loss-statistics/
We fight hard for our clients who have been injured on someone else's property. Our personal injury lawyers fight for maximum compensation.
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