A serious injury such as an amputation is a life changing event. Not only is the victim’s life changed forever, a catastrophic injury such as this also effects employment, as well as relationships with friends and family. The victim will need to recover physically and emotionally. In addition, the victim's ability to work and earn a living may be negatively impacted. While an amputation injury can occur in a number of ways, they often occur as a result of a motorcycle accident, construction accident, boat accident, bike accident or auto accident. If you or a loved one has suffered an amputation injury as a result of the negligence of another person it is important to speak with an experienced New York Amputation 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 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. Traumatic amputation sometimes occurs when a limb is partially or completely detached in a traffic mishap such as a car, motorcycle or truck accident.
Traumatic amputations also occur in the workplace where dangerous equipment is used, such as food slicers, meat grinders, milling equipment, drill presses, heavy construction equipment and farm equipment. If this 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, OSHA defines the circumstances under which workers must wear personal protective equipment such as protective shoes to prevent injuries such as amputations. 29 CFR 1918.104
Mistakes by physicians and other healthcare personnel can result in amputations. For example, an amputation may be required if a doctor misdiagnoses an infection or fails to diagnose and treat minor injuries in diabetics that ultimately lead to amputation. If a doctor fails to treat a post-operative clot a condition called thrombosis may develop requiring amputation. There have even been cases where a surgeon amputated the wrong limb. If any of these errors occurred, you have a medical malpractice claim against the physician.
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. CPLR section 5501. 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.
New York Amputation LawyerIf you have been injured in accident that resulted in an amputation, it is important to speak to our legal team as soon as possible. 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.