An amputation can permanently alter your physical and mental health. An Antelope Valley amputation lawyer from Kuzyk Law can tailor a legal strategy to help you get the injury compensation you need for your injuries.
You will need extensive medical treatment. You will also face permanent work disabilities and costs for physical therapy, mental health counseling, and prosthetic devices.
We have experience representing clients with these catastrophic injuries. An amputation injury lawyer from Kuzyk Law can identify the options you have for financial compensation. Contact us to schedule a free consultation to discuss your injury and how we can help you with your injury claim.
Understanding Amputations
Amputations happen when a body part is severed from your body. As a result, people who have experienced an amputation will have physical disabilities from the loss of the body part. Even when doctors reattach the body part, it may have diminished functions.
These injuries also cause other long-term complications. At least 30% of amputees suffer depression due to a range of concerns, including:
- Ability to work and the resulting financial concerns
- Social anxiety about the disfigurement from the amputation
- Post-traumatic stress from the incident that caused the injury
Another long-term complication is called phantom limb, producing pain, tingling, or other sensations that appear to come from the amputated body part. This phenomenon is not psychosomatic. These sensations come from nerve endings in the stump that stimulate parts of the brain associated with the amputated body part.
The legal implications of amputations depend on how it happened. If it resulted from someone else’s wrongful actions, the injured person might have a claim for financial compensation.
Amputations take two forms:
Traumatic Amputations
Traumatic amputations happen when the incident removes the body part. For example, your finger could get bit off in a dog attack.
In some situations, doctors can reattach the body part in a process called replantation. This surgery requires detailed work to reconnect the blood vessels and nerves that were torn apart.
In many cases, doctors cannot reattach a severed body party. Before attempting replantation, they will balance the work involved to the benefits of success. Reattaching a fingertip might not justify the extensive work and the risk of failure.
Other factors doctors may consider in determining whether to attempt replantation include:
- The condition of the severed body part and the stump
- Contamination of the injury by dirt, pathogens, or chemicals
- The amount of time the body part had no blood supply
Even when doctors attempt to replant a missing body part, the surgery may fail. As a result, they may end up removing the body part in a subsequent operation.
Surgical Amputations
Surgical amputations happen when a doctor or EMT removes a damaged body part. Sometimes, this happens because the incident caused a partial amputation, and a healthcare provider must complete the amputation.
In other situations, doctors recommend a surgical amputation due to an injury in the body part that could cause tissue death. Once the tissue dies, it will decompose and develop gangrene. This serious infection could result in death. Thus, doctors remove the damaged body part to save the victim’s life.
The procedure for amputating a body part includes:
- Identifying healthy tissue and damaged tissue
- Planning the amputation to remove all damaged tissue
- Cutting through muscle and bone while sealing nerves and blood vessels
- Forming a stump to fit a prosthetic device
The doctor will monitor the patient for infection. Once the stump heals, doctors can fit a prosthetic device to it.
The Role of an Antelope Valley Amputation Lawyer
An amputation injury attorney from Kuzyk Law understands what you face and is committed to pursuing the compensation you need to meet your needs. We handle amputation cases with sensitivity and compassion, guiding you through the legal process and supporting you with medical referrals so you can focus on your health.
Our amputation lawyers will review your case and use their deep knowledge of personal injury law to identify all possible legal claims you may have. Whether you get injured in a car accident or work incident, we will fight for fair compensation for your severe injuries.
Common Causes of Amputation Injuries in Antelope Valley
Amputation injuries can result from almost any traumatic event that involves forces powerful enough to sever or severely damage your body part. Some incidents that may cause injuries that may lead to amputation include the following:
Traffic Accidents
Motor vehicles are heavy and have a lot of power. The forces from a collision can sever or tear your flesh. These forces can result from:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
One scenario that can lead to amputation involves head-on collisions. This crash can push the engine of your vehicle into the firewall. Your foot can get trapped and severed as the passenger compartment gets crushed.
Workplace Accidents and Occupational Hazards
Workplace accidents can cause amputations in many ways, including:
- Falling objects
- Car accidents, truck crashes, and construction vehicle collisions
- Accidents with tools and machinery
- Getting caught in or between objects
- Explosions
These incidents can sever blood vessels and crush bones, resulting in the kinds of injuries that lead to the loss of a limb or other body parts.
Defective Products and Machinery
Defective products can malfunction, causing an amputation. Even when a product does not malfunction, it may have been designed without the guards necessary to prevent amputation injuries.
Construction Site Incidents
Construction sites have many hazardous conditions for both workers and bystanders. Again, almost any type of accident could generate the force to amputate your body part, including scaffolding or ladder falls, crane collapses, tool accidents, and other incidents.
Medical Malpractice
Medical malpractice can lead to the unintentional amputation of a body part or cause such severe tissue damage that amputation becomes necessary. A common reason for amputation is vascular damage. Errors during treatment by a healthcare provider can damage blood vessels, leading to an amputation injury.
Why Choose Kuzyk Law?
The best amputation injury lawyer will bring both knowledge and experience to your claim. Since 1971, Kuzyk Law has helped injured people fight for fair injury compensation. We have a proven track record of over 10,000 successfully settled cases, with many clients receiving multi-million dollar settlements and awards.
We also have many testimonials and success stories on our website explaining how we help accident victims like you. We understand Antelope Valley and have the knowledge and skill to help you fight.
Types of Compensation in Amputation Cases
You can pursue two forms of compensation in amputation cases:
Economic Damages
Economic damages cover all the financial losses you suffered due to your injuries. These financial losses include costs you incurred and income you were not able to earn, including:
- Past and future medical costs for physical and mental injuries
- Rehabilitation expenses, including the cost of prosthetics
- Past wage losses due to missed work
- Diminished future earning capacity resulting from long-term disabilities
- Reasonable and necessary out-of-pocket expenses
You document your economic damages with financial records. An amputation injuries attorney can review your doctor’s bills, receipts, and other records to identify which will qualify as economic damages.
Non-Economic Damages
Non-economic damages include all the ways your amputation affected your quality of life. Some ways you can prove your economic damages include testimony about:
- Physical pain
- Emotional and mental suffering
- Disfigurement due to the lost body part
- Disability
- Dismemberment
Since amputations are both severe and permanent, you may be entitled to seek significant non-economic damages.
Establishing Liability in Amputation Cases
Proving liability in an amputation case will depend on how you lost your body part. Amputation claims usually rest on one of three theories:
Negligence
Negligence underlies many types of injury cases, including:
- Traffic crashes
- Premises liability
- Medical malpractice
To prove negligence, your Antelope Valley amputation lawyer must prove four elements:
- Duty of care
- Breach of duty
- Causation
- Damages
For example, suppose that you have vascular damage due to diabetes. Your doctor planned to amputate your right foot. But due to a mistake, they amputated the left foot.
Your amputation injury lawyers will prove negligence by showing that a duty of care arose due to the doctor-patient relationship. The doctor and nurses breached the duty of care by making an avoidable and unreasonable mistake in amputating the wrong body part. The injuries you suffered resulted in medical expenses and other damages. The damages were caused by the wrong-site amputation error.
Intentional Tort
Intentional torts happen when the other party intended the action that harmed you. For example, for the intentional tort of battery, the other party must intend to make harmful contact with you. Your amputation attorney need not prove that the other party intended for you to lose your body part. Instead, the lawyer only needs to prove they intended the harmful contact.
Thus, suppose that you lost your hand after someone pushed you into a mirror during an argument. Your lawyer only needs to prove the other person meant to push you, not that they meant for you to slice your hand so severely that you lost it.
Strict Liability
Strict liability applies to two types of claims. First, manufacturers are strictly liable for injuries caused by defective products. The lawyer does not need to prove the manufacturer knew of the defect. Instead, they only need to prove the existence of the defect and a causal link between the defect and your injuries.
Second, workers’ compensation insurers are strictly liable for injuries you suffer at work. Workers’ comp benefits are limited, so your lawyer may look for other possible claims based on negligence.
One possible negligence claim is a product liability claim against the manufacturer of a defective tool or machine. Another is a car accident claim against a driver who negligently collided with you while driving for work. Finally, you might have a negligence claim against your employer for knowingly altering a power press machine to remove the safety guards.
Frequently Asked Questions
Here are some answers to frequently asked questions:
What Steps Should I Take After an Amputation Injury?
Some steps to take after an amputation include:
- Document how your amputation happened
- If your amputation resulted from a medical error, get a second opinion
- Talk to a lawyer about your injuries and legal options
When you meet with a lawyer, bring copies of your medical records and any documents you have to explain what happened. The lawyer can assess the strength and value of your case.
How Long Will the Legal Process Take?
Every case is different. A case might conclude within a few months if liability is clear and the insurer cooperates. Cases that involve complex factual or legal issues will take longer.
What Damages Can I Recover?
Your damages will include both your economic and non-economic damages. One exception happens under workers’ comp. These cases only permit economic compensation.
Resources for Amputation Victims in California
The Amputee Coalition provides educational resources for understanding amputations. It provides resources about dealing with mental health concerns and pain after amputation.
The Amputee Coalition also has a directory of support groups and an online tool to assess your emotional state so you can seek counseling services.
Finally, the Antelope Valley Partners for Health has a directory of community resources for everyone facing health issues, including amputation survivors.
Contact the Antelope Valley Amputation Lawyers at Kuzyk Law Today
An amputation leaves you with permanent physical disabilities that may affect your ability to work or even enjoy life. Kuzyk Law is conveniently located in Antelope Valley to help you with your amputation injury claims. An Antelope Valley amputation lawyer from Kuzyk Law provides trusted legal guidance for your amputation claim.We empower clients through legal advocacy, making their voices heard and seeking justice for their injuries. Contact Kuzyk Law for dedicated and compassionate legal representation.
