Seek Your Rights After The Trauma Of Amputation
A traumatic injury can leave a person with lifelong medical consequences. Few injuries match the severity or trauma of an amputation or loss of limb injury. The pain, loss of function and challenging recovery process that attend an amputation injury will dramatically affect the lives of the victim and his or her family.
While some accident victims can emerge from an accident with only minor scrapes and bruises, others suffer serious, life-altering injuries, including amputation. Amputations can impact every aspect of your life. If someone else’s carelessness resulted in an amputation for you or a loved one, you deserve to know your rights for recovering compensation for medical expenses, lost wages, pain, suffering, and other losses.
The Chicago-based amputation lawyers at Rapoport Weisberg & Sims P.C. are here to help you demand justice and financial accountability from the responsible parties. Contact us today for a free case review where you can discuss your claim during a confidential consultation.
If you or a loved one has suffered an amputation injury and that injury happened due to the negligence or misconduct of another party, it is vital to know your rights and seek the full compensation to which you are entitled.
What Is Amputation?
Johns Hopkins Medicine describes an amputation as the loss or removal of a body part, including a leg, arm, hand, toe, foot, or finger. Sometimes, an extremity is amputated as part of an accident, such as a crushing car accident. In other cases, the body part must be removed to prevent infection, more serious injury, or death.
What Occurs During an Amputation Surgery?
During amputation surgery, your surgeon may do the following:
- Remove all diseased or injured tissue
- Remove crushed bone
- Smooth uneven bone
- Seal blood vessels to prevent bleeding
- Shape the muscles so the end of the limb can be fitted with a prosthetic, if applicable
- Stitch or staple the end of the limb
- Applies sterile dressings over the wound
You may be hospitalized for a few days after the procedure so you can be carefully monitored for infections or complications.
Medical Treatment for Amputees
You may have an ongoing need for additional medical care. This care will depend on various factors, including the body part that was amputated, your need to adjust to a prosthetic, the severity of your injury, and any complications.
Some medical treatments you may require include:
- Physical therapy – You may begin working with a physical therapist within days of your surgery. The goal will be to provide you with the skills necessary to be as independent as possible. A physical therapist may also teach you how to get used to a prosthetic.
- Pain management – You may be prescribed pain medication to relieve discomfort and pain.
- Ongoing care – You may need to continue carefully monitoring your injury and having your dressings reapplied.
- Counseling – You may benefit from mental health counseling to help you adjust to your new normal and process the trauma.
Complications for Amputations
Johns Hopkins Medicine explains that amputations can affect your ability to move, work, maintain your independence, and work with others. Some complications that can make recovery even more difficult after amputation include:
- Excessive bleeding
- Infection
- Swelling
- Phantom limb pain
- Muscle weakness
Many amputees have long recovery periods. Learning to use a prosthetic can take anywhere from two to six months.
How a Chicago-based Amputation Lawyer Can Help
An experienced Chicago-based amputation lawyer can protect your legal interests so you can focus on your recovery. They can also do the following:
Determine the Cause of the Accident
Amputation injuries can be caused by various forms of negligence and accidents, including:
- Truck accidents – Truck accidents can cause serious injuries because the size, weight, and force of commercial trucks are significantly greater than those of passenger vehicles. Truck drivers, trucking companies, mechanics, manufacturers, and other parties may be responsible for truck accidents.
- Aviation accidents – When aviation accidents do not result in a victim’s death, they often cause severe and life-altering injuries, including amputation. An experienced lawyer will know how to obtain important evidence to establish negligence in an aviation accident, such as black box data.
- Train accidents – Train accidents and derailments can cause severe injuries and fatalities. These accidents may be due to operator negligence such as distractions or operating the train in an impaired state, or issues with the track.
- Explosions – Explosions can cause amputations, as well as severe burn injuries that lead to disfigurement and permanent scarring. The property owner may be responsible for creating dangerous conditions that cause explosions.
- Medical malpractice – Substandard medical care can cause problems that necessitate amputation. Failure to diagnose, misdiagnosis, or delayed diagnosis can potentially result in serious medical conditions that necessitate amputation to save the patient’s life.
Establish Fault
A Chicago-based amputation lawyer can help establish by securing strong evidence to build your claim, such as:
- Accident reports
- Personnel records
- Photos and videos of the accident
- Medical records
- Reports from expert witnesses
- Electronic data recorder information
- Witness statements
Calculate Your Damages
An experienced personal injury lawyer can talk to your healthcare providers and employer to help determine how the accident has affected you. We may also consult with expert witnesses who can forecast your future anticipated losses. This careful deliberation ensures we negotiate for maximum compensation for your claim.
Demand Fair Compensation
Your lawyer will aggressively negotiate for fair compensation, whether through a settlement with an insurance company or at trial against a negligent defendant.
Steps to Recover Compensation in an Amputation Claim
You may be confused about the legal process involved in recovering compensation following an amputation. Your case may involve the following steps:
- Consulting with a lawyer – You want to engage the services of an experienced Chicago amputation lawyer who can advise you on the next steps and your legal options.
- Investigation – Your lawyer can begin investigating the accident, determining who is responsible for your injuries, and the legal theories to assert in your case.
- Insurance claim – Your lawyer may attempt to resolve your case through a negotiated settlement with the insurance company.
- Lawsuit – If a fair settlement cannot be reached, your lawyer may file a lawsuit and give notice of the case to the defendant.
- Discovery – Your lawyer can request and exchange documents and other evidence with the defense.
- Trial – At trial, your lawyer can present compelling evidence that establishes liability and your right to compensation. They can also present expert witnesses who can discuss your significant damages.
Frequently Asked Questions About Chicago-based Amputation Claims
How Long Do I Have to File an Amputation Lawsuit?
Each state has a statute of limitations that dictates the timeline by which a personal injury lawsuit must be filed. In Illinois, the statute of limitations generally provides two years to file a lawsuit against the negligent defendant in a personal injury case. This generally means that you must file your case within two years of the date of the accident that caused your amputation. However, there are some exceptions when you may have less or more time to file a lawsuit, so be sure you talk to a knowledgeable personal injury lawyer as soon as possible to learn about the deadline that applies in your case.
What Damages Can I Recover in an Amputation Case?
You may be able to recover compensation for various losses you suffer because of the accident and your injury through an amputation claim. This may provide compensation for the following:
- Emergency medical care
- Extended hospital stays
- Costs for long-term treatments
- Prosthetic devices and other medical equipment
- Home and vehicle modifications to accommodate a disability
- Lost wages, employment benefits, and earning capacity
- Pain and suffering
- Permanent disability, scarring, and disfigurement
- Loss of enjoyment of life
- Emotional anguish
What Is My Case Worth?
The potential value of your case depends on many factors, including the following:
- The body part that was amputated
- How the amputation will likely affect your life
- Your occupation and earning capacity
- Your age and health
- The defendant’s actions
- The insurance coverage available
- The type of medical treatment needed in the future
An experienced Chicago-based amputation lawyer can evaluate your claim and estimate its potential value. They can also fight for an amount of compensation that recognizes the long-term impact the injury will have on your life.
Can I Afford a Lawyer?
Some accident victims are afraid they can’t afford a lawyer. However, we work on a contingency-fee-basis, so you get the benefit of retaining the services of a professional lawyer without taking any risk. Your lawyer is paid for any award they are able to obtain on your behalf. You pay no upfront amounts for attorney fees and no fees unless we recover compensation on your behalf.
Our Experience Defending Amputation Victims
At Rapoport Weisberg & Sims P.C. in Chicago, our trial lawyers have extensive experience protecting victims of catastrophic personal injuries. We have built an impressive record of verdicts and settlements obtained on behalf of injured victims and their families. Our skill in litigation and negotiation helps us serve our clients’ needs after a difficult injury.
We have the knowledge and resources to represent victims of all types of amputation injury, including those stemming from:
- Car accidents
- Truck accidents
- Construction accidents
- Workplace accidents
- Equipment accidents
- Medical malpractice
- Defective products
However your injury occurred, it is important to have the assistance of a dedicated law firm to protect your interests.
Let Us Help You Move Forward
Our goal is to obtain maximum compensation for our clients. Your injury may entitle you to money for medical costs, loss of function, pain and suffering, rehabilitation costs and more. The physical and mental hardships that accompany an amputation injury are immense. We can help you face the challenges of your injury by providing the personal service and zealous advocacy you need.
Contact Our Skilled Chicago-based Amputation Lawyers
If you or a loved one suffered an amputation injury, the team at Rapoport Weisberg & Sims can fight tirelessly for the justice and financial accountability you deserve. We have a proven track record of success and a network of experts we can call upon to assist with your claim. Call us today for your free, no-obligation consultation.
We are located in Chicago and serve clients throughout Illinois.
