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Denis H.
Helping Clients Recover Damages for Serious Injuries
Few experiences are as traumatic or life-changing as having an amputation or dismemberment injury. Limb loss can impact your ability to work, enjoy activities with your family, or accomplish other pursuits.
California law protects individuals who have suffered an amputation injury, including partial or complete amputation, due to another person’s recklessness or negligence. This could be someone who caused a devastating car wreck, a doctor guilty of medical malpractice, an employer who failed to provide a safe work environment, or the government if you are a veteran or civilian contractor.
At Benner Law Firm, we have extensive experience helping victims of a traumatic amputation that occurred because of another person’s negligence. We are happy to take on your amputation injury case and will fight diligently for you to recover compensation. We work on a contingency basis, meaning we don’t collect any money from you unless we win your case.
If you or a loved one is suffering from amputation or dismemberment because of someone else’s negligence, please give our personal injury attorneys a call. You can reach us at 714-497-2544 to schedule a free strategy session.
What Qualifies as an Amputation or Dismemberment Injury?
Amputation and dismemberment both involve losing a limb. However, it is important to know the difference so you can pursue financial compensation properly in your case. An amputation lawyer can help explain your rights and protect you as you seek damages for your injuries.
Amputation
Amputation occurs when someone undergoes a medical procedure to remove part or all of one or more limbs. Surgical amputation may be required if the individual has a severe injury or infection that cannot be repaired without risking the person’s overall health. An amputation requires a painful recovery, including months to years of physical therapy. Losing a limb may affect the quality of life, impacting the person’s ability to perform in their chosen profession.
Some types of amputation common in California include:
- Partial amputation
- Partial foot amputation
- Metacarpal amputation
- Finger amputation
- Lower limb amputations
- Partial hand amputation
- Entire arm amputation
- Transradial amputation
- Transtibial amputation
- Transhumeral amputation
- Transfemoral amputation
Dismemberment
Like amputation, dismemberment causes a person to lose a limb or appendage. However, dismemberment is not planned out, like in surgical amputation. When a person experiences dismemberment, they have usually been a victim of an accident involving extreme force that resulted in the severing and loss of the limb. For example, car accidents, workplace accidents, or trucking accidents could lead to dismemberment.
Victims of amputation and dismemberment injuries may be entitled to compensation for their pain, suffering, and financial damages. Contact our California amputation injury lawyer for a free consultation to learn how we can help you seek compensation for your injuries.
What Are Some Common Causes of Amputation Injuries?
Amputation and dismemberment injuries can occur for a variety of reasons, causing pain, suffering, and financial damages for the victims and their families. Severe injuries can occur in many different settings. However, some accidents are more likely than others to cause limb loss.
Some common causes of amputation in California include:
- Head-on car collisions
- Collisions with a commercial vehicle
- Motorcycle accidents
- Infection
- Frostbite
- Cancerous tumors
- T-bone motor vehicle accidents
- Pedestrian accidents
- Bicycle accidents
- Construction accidents
- Workplace accident
Amputation injury cases can be complicated, requiring victims to prove that the other party’s negligence caused the trauma. Additional medical costs must also be considered, such as prosthetic limbs, surgical procedures, and suffering for the complete or partial loss of the limb. Experienced amputation injury lawyers like those at Benner Law Firm can help amputation victims recover compensation for medical bills, lost wages, and more. Call now for your free consultation.
How is Fault Determined in a San Diego Accident?
One of the primary issues to resolve in an amputation injury case is which party was at fault for the accident. California is a pure comparative state, meaning each person can collect damages related to how much fault they had in the accident. For example, if you suffer from a traumatic amputation due to an accident with a semi-truck, you may be held partially responsible if you failed to signal a lane change or were speeding. You would then collect only the damages corresponding to the percentage of fault you shared in the incident.
Determining fault requires proving that the following are true:
- The other party owed you a duty of care, such as providing adequate medical service or driving safely.
- The at-fault party violated their duty of care, such as by driving under the influence or harming you in a medical malpractice case.
- Failure to uphold the duty of care led directly to your injuries.
- Your injuries are severe enough to merit a legal claim.
Proving negligence or fault in an amputation injury case is vital because it will allow you to collect the compensation you deserve. Call a knowledgeable amputation lawyer right away for help collecting evidence to prove you were not at fault for your accident.
What Compensation Am I Entitled To For My Amputation Injury?
Every personal injury claim is different, so it is difficult to accurately estimate the worth of your case without speaking with you in person. However, many individuals who suffer from amputation injuries successfully collect financial compensation for their pain and suffering. These cases often include economic damages, which are costs that can easily be calculated, and non-economic damages, which are more difficult to quantify.
Economic damages that could be covered in your amputation case include:
- Past and future medical bills
- Costs of reconstructive surgery
- Costs of prosthetic limbs and other medical equipment
- Loss of income due to accident-related injuries
- Lost salaries, bonuses, wages, and vacation time
- Decreased income-earning ability
Non-economic damages play an equally important role in a personal injury case and may include:
- Emotional trauma
- Depression
- Disfigurement
- Catastrophic injury
- Past and future pain and suffering
- Loss of enjoyment of life
Submitting a claim to the insurance company is unlikely to cover the full range of damages a person going through an amputation will experience. Call our amputation injury lawyers today to learn how we can help you recover the money you are owed for your injuries.
How Can a Lawyer Help Me Recover Maximum Compensation?
Experiencing an amputation surgery can be a traumatic and life-changing event. The victim may not be able to enjoy activities as before, and the entire family may suffer if the person is the breadwinner or homemaker. At this challenging time, you need experienced amputation injury lawyers to help guide you through the complex process of bringing a personal injury claim in San Diego.
Your attorney can help you recover financially when you have a permanent disability or loss of a limb due to another person’s negligence. Some ways a lawyer can help include:
- Helping you understand your rights as the victim of a catastrophic accident
- Gathering evidence, including surveillance footage, police reports, eyewitness accounts, and medical records
- Negotiating with the at-fault party’s insurance company to get you a fair settlement
- Bringing your amputation injury case before the court in a lawsuit if negotiating fails
- Representing you with confidence and proving that you deserve full compensation for your traumatic amputation injury
Should You Hire Our Amputation & Dismemberment Attorneys?
If you have experienced a traumatic accident, you should act quickly to get medical treatment and notify the authorities. Another critical step toward recovering is to seek a knowledgeable amputation injury lawyer who will fight for your interests in your amputation case. An attorney can help you get the medical care you need and will stand by your side to protect your rights throughout the legal process.
When you or a loved one loses a limb, you can count on Benner Law Firm to hold the responsible party accountable for their actions. We realize that no amount of money will undo the damage that has occurred, but we also believe that amputation victims deserve the chance to make a full financial recovery. Call our law firm right away at 714-497-2544 to discuss your unique case with our legal team in a free strategy session.