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Manhattan Amputation Injury

In late 2008 Robert Loja was unloading lawn care equipment from his truck when he was hit by a car. As a result he suffered multiple bone fractures in his legs. One of his legs could not be saved and had to be amputated. Loja v. Lavelle, 2015 NY Slip Op 7246 (N.Y. App. Div., 2015). Losing a limb due to an accident is a traumatic experience. Sadly, traumatic amputations occur way too often due to injuries suffered in auto accidents, workplace accidents, and other types of accidents. In addition, amputations are sometimes due to a medical mistake. Whether the amputation was the result of a car accident, construction accidents, or medical malpractice, amputations are always traumatic. In many cases the life of the victim is never the same. If you or a loved one suffered an amputation injury in an accident it is important to speak with an experienced Manhattan amputation injury lawyer 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 amputations

While surgical amputations sometimes become necessary due to illnesses such as cancer or diabetes, an amputation can happen traumatically as a result of a catastrophic accident.

  • Vehicle accidents: Car, truck, and SUV accidents can cause severe trauma to occupants of the vehicles involved and to pedestrians. In some cases the result is a traumatic amputation of a limb.
  • Workplace accidents: Traumatic amputations also occur in workplaces where dangerous equipment is used and safety rules are ignored. For example, a finger can be accidentally amputated by a meat grinder, drill press of milling equipment. Other parts of the body can be amputated by construction and farm equipment.
  • Medical malpractice: Mistakes by doctors and other healthcare professionals can result in amputations. For example, an amputation may be required if a doctor misdiagnoses or fails to properly treat an infection that ultimately lead to amputation. If a doctor fails to treat a post-operative clot thrombosis may develop requiring amputation. If a medical professional makes a mistake that leads to an amputation, you have a medical malpractice claim against the physician.
Consequences of an amputation injury

Victims who suffer traumatic amputations in an accident or due to medical malpractice, will not only have to make adjustments in the manner they go about activities of everyday living, they will also face financial challenges due to the medical bills. There are, however, several possible sources of compensation for victims who face serious injuries such as amputations.

  • Personal injury lawsuit: New York law allows victims to sue to recover compensation from the negligent person who caused the injury. If the amputation was due to medical malpractice the defendant would be the doctor, surgeon, other medical professional or healthcare facility responsible for the medical mistake that caused your amputation. In the case of another type of accident such as a car accident, the defendant would be the person whose reckless actions caused your injury. Recoverable compensation may include past and future medical expenses, lost wages, loss of future earning capacity, pain and suffering, and loss of enjoyment of life.
  • Workers' compensation: If your injury was the result of a factory, construction or other workplace accident, you may be eligible for benefits through your employer's workers' compensation plan. Benefits include medical care, wage replacement, and vocational counseling.

Social security disability benefits: If your amputation results in you being unable to work for at least 12 months you may be entitled to Social Security disability benefits.

Contact the Law Offices of Stephen Bilkis & Associates

If you have been injured in accident that resulted in an amputation it is important that you speak to our experienced legal team. The staff at the Law Offices of Stephen Bilkis & Associates has nearly two decades of experience successfully representing clients who have suffered serious injuries in auto accidents, construction accidents, slip and fall accidents, and other types of accidents. 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.

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