Amputation injuries are severe and life-altering, leaving a lasting impact on individuals that extends beyond physical implications. These devastating injuries can result in permanent disabilities, causing profound changes to a person's emotional well-being, financial stability, and overall quality of life. If you or a loved one has experienced an amputation injury in New York, it is essential to grasp the key factors that play a role in determining the value of these cases. By understanding the elements that contribute to the worth of an amputation injury claim, you can navigate the legal process more effectively and seek appropriate compensation for the losses incurred. When facing the complexities of an amputation injury case, it is highly advisable to consult with a skilled New York personal injury lawyer who is experienced in handling such claims. At Stephen Bilkis & Associates we possesses the knowledge and expertise necessary to guide you through the legal intricacies and advocate for your rights. With over 20 years of experience representing clients who suffered serious injuries in accidents, our attorneys and of counsel have recovered over $1 billion for our clients.
How an Amputation Injury Can Happen in New YorkAmputation injuries can arise from various circumstances, each with its own set of legal considerations. Understanding the range of potential incidents can help you evaluate your own case. Here are a few common examples:
Workplace Accidents: Amputation injuries frequently occur in industrial or construction settings. Accidents involving heavy machinery, defective equipment, or inadequate safety protocols can result in severe limb trauma leading to amputation.
Motor Vehicle Accidents: High-speed collisions or accidents involving cars, SUVs, trucks, and motorcycles can cause traumatic injuries, including amputations. The impact and force involved in these accidents can result in the loss of limbs or severe damage requiring surgical intervention.
Medical Malpractice: In certain cases, medical negligence can lead to amputation. Surgical errors, misdiagnosis of infections or circulation problems, or delayed treatment may contribute to the need for amputation.
Defective Products: Defective products, such as faulty power tools, malfunctioning industrial equipment, or hazardous consumer goods, can cause accidents resulting in amputation injuries. In such cases, manufacturers, distributors, or retailers may be held liable.
Value of an Amputation Injury Case in New YorkAs an experienced New York personal injury lawyer will explain, no two amputation injuries are the same and no two are worth the exact same about. This is the case even if the same limb was amputated in a similar accident. However, here are a some examples of settlement amounts to victims of amputation injuries received:
Sanders v. New York City Transit Authority, 83 AD3d 811 (2d Dept 2011). In Sanders v. New York City Transit Authority, the 41-year old plaintiff experienced severe injuries after being struck by a subway train. As a result his right leg was amputated below the knee. The Second Department of the Supreme Court affirmed jury awards to the plaintiff who was awarded $2,250,000 for past pain and suffering, as well as $6.3 million over a period of 30 years for future pain and suffering.
Firmes v. Chase Manhattan Automotive Finance Corp, 50 AD3d 18 (2d Dept 2008). As a result of a collision of his motorcycle with a pickup truck, the plaintiff suffered serious injuries that required 11 surgeries and an amputation of his left leg below the knee. The plaintiff was awarded of $1.5 million for two years of past pain and suffering, and $3.5 million for 50.1 years of future damages. The plaintiff was in his twenties at the time of the accident. In addition to the amputated limb, the evidence presented in the case included various factors contributing to future pain and suffering such as stump pain, the inability to utilize a prosthesis, limitations in performing certain household tasks and work-related activities, as well as the ongoing requirement for psychotherapy.
Factors Considered in Calculating DamagesCalculating the worth of an amputation injury involves several factors that are unique to each case. While it is impossible to provide an exact figure without a thorough evaluation, the following elements generally influence the valuation:
Medical Expenses: The cost of medical treatment, including surgeries, hospital stays, rehabilitation, prosthetics, and ongoing care, plays a significant role in determining the worth of an amputation injury. The severity of the injury and the anticipated future medical expenses are crucial considerations.
While with some accidents the amputation occurs immediately at the time of the accident and the body part cannot be saved. With other accidents it happens later at the hospital when the doctors, and in still other cases, the amputations happens weeks or even months later after the doctors work to avoid amputations through several surgeries and other medical interventions.
Loss of Income and Earning Capacity: Amputation injuries often result in a temporary or permanent inability to work, leading to lost wages and diminished earning capacity. The impact on your ability to earn a living and support your family is taken into account when calculating compensation.
Pain and Suffering: The physical and emotional pain endured as a result of the amputation is another crucial factor in determining the worth of the injury. Loss of enjoyment of life, emotional distress, and psychological trauma associated with the amputation are considered in this category. The surgeries and other treatments will result in increased medical bills and increased suffering by the victim, leading to an increase in the value of the case. In addition, the age of the victim will factor into the value of the case. A victim who was relatively young at the time of the accident will be awarded more for future pain and suffering than an older victim. To learn more about how pain and suffering is calculated, speak with an experienced personal injury attorney in New York.
Rehabilitation and Assistive Devices: The cost of rehabilitation services, physical therapy, occupational therapy, and assistive devices like prosthetic limbs or wheelchairs are evaluated when calculating the worth of an amputation injury. The duration and extent of rehabilitation required are taken into account.
Long-Term Care and Assistance: If the amputation injury necessitates ongoing care, such as home healthcare services or modifications to living arrangements, the associated costs will be considered in the valuation.
Contact Stephen Bilkis & AssociatesAmputation injuries can have a profound impact on an individual's life, both physically and emotionally. Determining the worth of such injuries requires careful evaluation of various factors, including medical expenses, loss of income and earning capacity, pain and suffering, rehabilitation needs, and long-term care requirements. If you or a loved one has suffered an amputation injury, contact an experienced personal injury attorney serving New York at Stephen Bilkis & Associates. By leveraging our extensive experience in personal injury law, we can assess the unique circumstances of your case, identify liable parties, gather evidence, and construct a robust legal strategy tailored to your specific needs. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County.