An amputation occurs when a limb is severed in an accident. An auto accident, motorcycle accident, or construction accident could result in a victim suffering a devastating amputation. Furthermore, a victim can lose a leg, arm, hand, foot, toe or finger as a result of a medical malpractice. Losing a hand, foot, arm or leg is not only painful and traumatic. It also means that the amputee will face a lifetime of disability. Whether the amputation was the result of a car accident, construction accident, or medical malpractice, amputations are always traumatic and life-changing for both the victim and the victim's family. In addition, an amputation injury can leave the victim shattered financially. If you or a loved one has suffered an amputation as a result of the negligence of another person it is important to speak with an experienced Staten Island personal injury for legal guidance. You could be entitled to compensation for your injuries, including reimbursement for your medical expenses, loss of income and your pain and suffering.
Causes of amputation injuriesAmputation, also referred to as dismemberment, is the loss of a limb such as a leg, arm, foot or finger. Amputation is sometimes required due to an illness, but can also occur as a result of an accident or medical malpractice. For example, following a surgery if care for the wound is not proper then a serious infection may the wound is not properly cared for an infection may ensue ultimately requiring the limb to be sacrificed.
A traumatic amputation may occur when a limb is partially or completely detached in an auto accident. For example, in the fall of 2008 Robert Loja, a landscaper, was unloading lawn mowing equipment from his truck when he was stuck by a car. The Loja's legs were crushed between the car and his truck. As a result of the accident, one of Loja's legs was amputated above the knee. Loja v. Lavelle, 2015 NY Slip Op 7246 (N.Y. App. Div., 2015). Another type of accident that can lead to a traumatic amputation is a construction accident. For example, a worker using a defective power tool may lose his fingers when the tool malfunctions. If worksite equipment is defective resulting in an injury to a worker, or if Occupational Safety and Health Administration (OSHA) safety standards were not followed, the employer or the manufacturer of the equipment will be liable to the injured worker. For example, chapter 29, section 1918.104 of OSHA's regulations defines the circumstances under which workers must wear personal protective equipment such as protective shoes to prevent injuries such as amputations.
Consequences of amputation injuryThe life of an amputee is forever changed. Amputations often lead to permanent disability, limiting the victim's ability to work and produce an income. Related medical issues continue well after the amputation. Some amputees must undergo multiple surgeries throughout their lifetimes. Many have prosthetic limbs fitted. Costs associated with the medical procedures, psychological treatment, prosthetics, and rehabilitation are astronomical.
There are, however, several possible sources of compensation for victims of negligence to help cover your losses and expenses and help ensure that you enjoy the best possible good quality of life. Losses for which you may be entitled to compensation include medical expenses, future medical expenses, lost wages, lost earning capacity, disfigurement, disability, pain and suffering, emotional distress, and any other reasonable compensation as defined by New York law. In most cases, including where your injury resulted from an auto accident, you will be able to pursue damages in a common law personal injury claim against the negligent person. If the accident occurred in the workplace, you may be entitled to workers' compensation benefits. In addition, you may be entitled to Social Security disability benefits .
Contact the Law Offices of Stephen Bilkis & AssociatesIf you have been injured in accident that resulted in an amputation, it is important to speak to our legal team as soon as possible. Depending on the facts of your case you may have a medical malpractice claim, a product liability case, a personal injury claim, a workers' compensation claim or a wrongful death claim. The staff at Stephen Bilkis and Associates has extensive experience successfully represented clients who have suffered serious injuries such as an amputation, back injury, traumatic brain injury, neck injury, and paralysis. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.