Award Winning Amputation Injury Lawyer Firm
GJEL Accident Attorneys was recently recognized as a top California Amputation Injury Lawyer by Best Lawyers and US News & World Report. If you have experienced a catastrophic life-altering event, call GJEL for a free case review immediately.
30-Year Experienced Amputation Lawyer
GJEL Accident Attorneys specialize in amputation injuries and serious injury cases. We choose to be selective in the cases we accept to ensure we have the time and resources your case requires. This selectivity allows us to fully commit the financial resources, expert support, and attorney attention required for complex, high-stakes amputation cases. We value every client and will give you the personalized attention you deserve. You will be kept informed at every stage of your case, with clear communication about progress, decisions, and next steps, so you can focus on your recovery while we handle the legal burden. You won’t ever be another case file on a desk when you hire GJEL Accident Attorneys.
Our amputation lawyers have over 30 years of experience and have successfully recovered millions of dollars from amputation injuries for our clients. We are skilled litigators and aren’t afraid to take a case to trial when necessary.
What Is Considered An Amputation Injury?
An amputation refers to a partial or complete body part detached from the body. In some cases, your doctor can reattach a completely severed limb right away, and the victim may only suffer a limited loss of use. Reattaching a severed digit or limb is a complicated process, but it can be done if the severed body part is appropriately cared for and immediately reattached.
Partial amputations are where the soft tissue remains attached. However, this doesn’t mean that reattaching the partially severed body part is any easier. In fact, surgical amputation may still be necessary, as well as lots of physical therapy.
Serious complications can arise with amputation injuries, whether it’s a partial or complete amputation. Amputation surgeries also carry ongoing medical risks, including delayed wound healing, infection, nerve pain, phantom limb syndrome, and the possibility of additional corrective surgeries, all of which can significantly increase long-term medical costs and recovery time. Potential complications include infection, excessive bleeding, permanent nerve damage, and more. Other long-term complications to consider include a victim’s negative psychological and emotional effects. Depression, anxiety, and post-traumatic stress are common after an amputation, and untreated psychological harm can affect recovery, relationships, and long-term quality of life.
Determining The Value Information For Your Case
Understandably, prospective clients want to know what their case is worth. But every amputation injury case is different. No two cases, even those with similar circumstances, will resolve for the same exact amount. The best way to determine your potential case value is to speak with an experienced California amputation injury attorney.
When you work with the GJEL Amputation Attorney, we will sit down with you and go over all the facts of your case. This includes evaluating your lifelong medical needs through life-care planning to account for future prosthetics, maintenance, therapy, and medical monitoring. Once we have a clear picture of your case, we can properly evaluate your losses and let you know what we feel your case is worth. Factors that will impact your case value include the following items.
Medical Expenses
Your claim may also include costs for home and vehicle modifications—such as wheelchair ramps, widened doorways, adaptive equipment, or accessibility upgrades—when those changes are necessary for you to live safely and independently after an amputation.
Amputations typically require extensive medical treatment with high bills. This may include emergency room visits, one or more surgeries, hospital stays, diagnostic tests, rehabilitation, prosthetics, home health care, and more. Future expected costs will also be factored into our value if you require additional surgeries or other treatments.
Lost Wages
If your amputation permanently limits your ability to work or advance in your career, your claim may include diminished earning capacity and long-term income loss, not just time already missed.
Many people with amputation injuries miss a significant amount of time from work. You may have an extended recovery period at home, or your injuries may prohibit you from doing your usual job. If you cannot return to your job for the foreseeable future, we will calculate your future loss of earnings as well.
Pain And Suffering
While no settlement can restore what was lost, compensation can provide long-term financial stability, allow access to mental health treatment, prosthetic care, and rehabilitation, and help you adapt to a new way of living after a life-altering injury.
Victims of amputations experience significant physical pain and suffering. Emotional trauma is also part of this damage. It’s hard to quantify the physical and emotional trauma of losing a body part, which is why amputation settlements are often high. You may also have damages related to loss of enjoyment of life and loss of consortium.
Permanent Disability And Disfigurement
Although compensation cannot reverse the physical loss of a limb, a successful personal injury claim can secure the financial resources needed to manage lifelong medical care, adaptive equipment, and the lasting impact on your quality of life.
Amputations are permanent, resulting in some level of impairment and physical disfigurement. Amputees deserve to be compensated for the disability and disfigurement they must live with for the rest of their lives.
How our Amputation Lawyer Can Help
Your case typically begins with a detailed intake and investigation, followed by identifying all liable parties, securing insurance coverage information, gathering medical and financial documentation, calculating current and future losses, and pursuing a settlement or lawsuit designed to recover full compensation.
Conduct Independent Investigation
When you retain an amputation injury lawyer at GJEL Accident Attorneys, we will conduct a thorough independent investigation. We may need to hire multiple experts, such as accident reconstructionists, medical doctors, life care planners, vocational rehabilitation experts, mental health experts, economic experts, etc. Some experts may only consult on your case, while others may need to testify if your case proceeds into litigation. The quality of your experts is crucial, especially in litigation.
Represent you During the Negotiation for Settlement
Most amputation cases are resolved through settlement, but if the insurance company refuses to offer fair compensation, filing a lawsuit allows your case to proceed through discovery, expert review, and trial when necessary.
Our amputation injury lawyer will be responsible for all communications with the defendant’s insurance company and amputation attorney. You don’t have years of experience negotiating accident claims, which is what the defendants are counting on. They may try to get you to resolve your case early on for a figure far less than your case is worth. Accepting an early settlement can permanently bar you from seeking additional compensation later, even if complications arise, prosthetic needs change, or future surgeries become necessary. By doing so, you will sign a release of all claims. That release bars you from any further recovery should you find out you need additional surgery or have other related costs later on down the road.
Make Sure Your Filing Is Accurate and Timely
Retaining an amputation attorney will alleviate any issues surrounding the statute of limitations. Your amputation lawyer will know when the applicable filing deadline is and act to ensure that your case is preserved. Even though a lawsuit is filed, it doesn’t mean earlier settlement talks will cease. The lawsuit merely preserves your legal right to continue the case in the court system if you cannot reach an amicable settlement out of court.
Defend You When Talking to A Claim Adjuster
Because the defendant’s exposure is directly tied to their percentage of liability, you can expect their insurance company to place as much blame on you as possible. The claims adjuster will look for inconsistencies in your version of the events, hoping they can get you to admit fault.
When you retain a GJEL’s amputation injury attorney, we will vigorously defend your rights and ensure that all responsible parties are held accountable.
Contact GJEL’s Amputation Injuries Attorney Today to Schedule a Free Initial Consultation
Amputations occur for numerous reasons, some of which are related to illness. Others are due to unexpected and catastrophic accidents known as traumatic amputations. If you or someone you love experienced a traumatic amputation due to someone else’s negligence, it’s crucial to speak with an experienced amputation lawyer.
Call us at (408) 955-9000 for a free, no-obligation amputation injury case evaluation today.
Amputation Statistics
According to the Amputee Coalition, there are almost two million people in the United States currently living with limb loss. Approximately 185,000 new amputations occur each year. The most common cause of amputation is a vascular disease (54%), including peripheral arterial disease and diabetes. Trauma is the second most common reason for amputation (45%), followed by cancer, which accounts for less than 2%.
Common Causes of Amputation Injuries
If your amputation occurred in a workplace accident, traffic collision, construction incident, or other preventable event, you may be eligible to pursue compensation from all negligent parties involved, even when multiple parties share responsibility. A wide variety of incidents and accidents can lead to amputation injury.
Some of the more common causes of traumatic amputations include:
Negligent parties must be held accountable when they are responsible for an amputation injury, regardless of whether it’s a finger, toe, hand, foot, etc. Even if the at-fault party denies responsibility or claims the amputation was unavoidable, you may still have a valid claim if evidence shows their negligence contributed to your injury. It’s not uncommon to have more than one responsible party in severe injury claims, such as an amputation. Unlike minor injury cases that involve a single insurance policy, amputation claims often involve multiple defendants and layers of insurance coverage, which can significantly affect the total compensation available. Our amputation lawyers can guide you through the process step by step.
Common Areas of Amputations
Amputations can occur to any body’s extremities and limbs, whether in the lower or upper part. They are typically divided into two main categories: upper-extremity and lower-extremity amputations.
Upper Extremity Amputation
An upper extremity or upper limb amputation involves the fingers, hands, or arms. Some examples of upper extremity amputations include, but are not limited to:
- Digit amputation—amputation (in whole or in part) of one or more fingers or a thumb (finger amputation)
- Metacarpal amputation—amputation of a hand, but the wrist is still attached
- Transradial amputation—amputation of a portion of the arm below the elbow joint
- Transhumeral amputation—amputation above the elbow joint
- Shoulder disarticulation—amputation of the entire arm at the shoulder, with the cut going through the shoulder itself
Depending on the level of amputation, the victim may or may not choose to be fitted for a prosthetic. Provisional prosthetic fittings usually take place within 30 days of surgery.
Lower Extremity Amputations
These amputations involve the toes, feet, or legs. Examples include, but are not limited to:
- Digit amputation—these amputations can affect either the toes or the fingers
- Partial foot amputation—amputation where a portion of the foot is removed
- Transtibial amputation—amputation below the knee but above the foot, which preserves the victim’s use of their knee
- Transfemoral amputation—amputation above the knee and below the hip, cutting through the thigh bone.
In some cases, it is necessary to amputate the entire leg through the hip or up into the pelvic area. An amputation occurring that high is rare but can involve a portion of the pelvis and a whole leg. Sometimes, doctors can do an internal pelvic amputation, which means the leg is saved.
Comparative Liability in California
Injury victims often want to know whether it is worth filing a claim if they might be partially at fault for the accident. California is known as a pure comparative negligence state regarding liability. This law means that even if you are the primary cause of the accident, you can still collect some of your damages.
For instance, if a jury finds you 25% at fault for the accident, you could collect up to 75% of your damages. If the jury finds you 60% at fault, you could collect 40% of your damages. What you need to remember, though, is that the defendant can then recover a portion of their damages from your insurance company, too.
How much money would a person win in a lawsuit if someone lost a limb?
In a lawsuit where someone has lost a limb, the amount of money they would win can vary depending on various factors, such as the extent of the injury, its impact on their life, and the specific circumstances of the case. It is impossible to provide an exact figure without a detailed case evaluation. But at GJEL, we have recovered over 950 million dollars for our clients.
Statute of Limitations for Amputation Injuries in California
Like other types of claims, California has established a strict filing deadline for amputation injuries. You are bound by this deadline; otherwise, the court will likely dismiss your case entirely. In California, the personal injury statute of limitations is typically two years.
That means you have two years from the accident date to file a lawsuit in the proper court. However, some situations could alter the deadline. For example, claims against a government agency are much shorter, typically six months. Medical malpractice claims may also be subject to different statutes of limitations and deadlines. An amputation is a catastrophic life-altering event. Talk to one of our attorneys before the statute of limitations expires.
There Are Many Benefits Of Hiring An Amputation Injury Attorney
If you or someone you love suffered an amputation injury caused by another party’s negligence, recklessness, or intentional actions, you deserve to be compensated for your injury.
Don’t attempt to handle your case independently. Let the legal team of amputation lawyers at GJEL Accident Attorneys put our expertise and skills to work for you. Contact our office today to schedule an initial consultation.
We understand what a traumatic and scary time this is for you and your family. Let us help you navigate the legal challenges while you focus on your recovery. We will work tirelessly to help you recover the maximum compensation possible for your amputation injury. Please speak with one of our skilled California amputation injury lawyers immediately to learn more about how we can help.
ABOUT THE REVIEWER
Andrew (Andy) R. Gillin is a founding partner of GJEL Accident Attorneys and has practiced personal injury law in California state and federal courts since 1970. He earned his Juris Doctor from the University of Chicago Law School and co-founded GJEL in 1972. Over the course of his career, Andy has helped hundreds of injured plaintiffs recover compensation, including multiple seven-figure settlements and verdicts. He specializes in serious injury and wrongful death cases and holds an AV Preeminent rating from Martindale-Hubbell, with recognition from Super Lawyers and Best Lawyers in America.
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