GJEL Accident Attorneys specializes in amputation injury and serious injury cases. We have recovered over $10 Million Dollars from Amputation Injuries.
Amputation can range from the loss of a fingertip to the loss of an arm or a leg. Loss of a limb frequently results in significant blood loss, shock, infection, and even death.
An amputation injury often causes a reaction of grieving or depression in the victim, and almost always results in some level of negative emotional impact. Our amputation injury lawyers always make sure our clients and their families find the support they need during the extremely difficult period of adjustment or for as long as they need it. We have an extensive network of professionals throughout California who can help make sure that you have the resources you need to deal with all the effects of your injuries and loss.
If you or a loved one has suffered an amputation as the result of an accident, seek legal assistance as soon as possible.
The law firm of Gillin, Jacobson, Ellis, Larsen & Lucey has over 30 years’ experience in litigating personal injury claims. We invite you to call us today at 1-855-508-9565 if you or a loved one has suffered the loss of a limb.
We provide free consultations, and we’re paid only when we win your claim. You’ll pay no fees if we don’t obtain a verdict or settlement for you.
Please visit the Contact Us page to set up an appointment at our local office nearest you.
Injuries With an Amputation Are Life Changing
An amputation injury can be truly devastating. One minute you are able to walk or use both arms, and the next minute—after an unexpected and often preventable accident—you have suffered a traumatic limb-loss injury that requires being rushed to the hospital and undergoing emergency surgery. Many injury victims who suffer a traumatic amputation are never able to work again, and many who eventually are able to go back to work are only able to do so in a limited capacity for the rest of their lives.
Many different types of accidents can result in a traumatic amputation injury, from a motor vehicle collision or motorcycle crash to a workplace accident involving the use of heavy machinery. No matter how you sustained your injury, you may be eligible to file a claim for financial compensation. An experienced California amputation injury lawyer can speak with you today about your options.
What is an Amputation Injury?
When you are involved in a serious accident and suffer an injury so severe that you suffer the loss of a limb, this is known as a traumatic amputation injury. More specifically, MedlinePlus defines a traumatic amputation as “the loss of a body part, usually a finger, toe, arm, or leg, that occurs as the result of an accident or injury.”
The severity of and recovery from traumatic amputation injuries varies greatly depending upon the site of the injury. In some circumstances, even when there is a complete amputation in which a finger or a toe has been completely severed from the body, a surgeon may be able to reattach the limb. In other cases, an injury victim might suffer what is known as a partial amputation, which is a situation in which “some soft-tissue connection remains.” Depending upon the specific nature of the injury, a surgeon may be able to reattach the limb. For many injury victims suffering a traumatic amputation, however, the limb cannot be reattached.
There are also serious complications that can result from a traumatic amputation injury. Most often, injury victims may experience:
- Shock; and
Learning More About How Amputation Injuries Happen in California Accidents
How do limb-loss injuries or traumatic amputation injuries happen? Unfortunately, there are many different ways in which a traumatic amputation injury can occur, and many different scenarios in which an accident can result in the disabling loss of a limb. Some examples of the types of accidents in which amputation injuries occur include but are not limited to:
- Car accidents;
- Motorcycle accidents;
- Bicycle accidents;
- Pedestrian accidents;
- Construction accidents;
- Workplace accidents involving heavy machinery;
- Workplace accidents involving explosives;
- Lawnmower accidents; and
- Premises liability cases.
What do you need to know about injuries involving the loss of a limb in California? A fact sheet from the Amputee Coalition provides the following statistics:
- About 2 million people currently are living in the United States with a limb-loss injury;
- Approximately 45 percent of all cases of limb-loss injury are attributed to traumatic limb loss (as opposed to vascular disease or cancer);
- Around 185,000 amputations occur annually in the U.S.;
- Hospital costs of limb-loss injury total more than $8 billion each year; and
- African Americans are up to four times more likely to suffer a limb-loss injury than are white Americans.
Amputation injuries can happen in many different situations. When another party’s negligence causes a traumatic amputation injury, it is important for the injury victim to learn more about filing an accident lawsuit.
The statute of Limitations for Seeking Compensation for Your Amputation Injury
If you suffer a limb-loss injury, how much time do you have to file your claim? The most important thing to understand is that you are bound by a specific period of time, which is known as the statute of limitations. Under California law, most personal injury claims have a statute of limitations of two years. This means that your claim absolutely must be filed within two years from the date of the injury, or else the law says that you are no longer eligible to file a claim. To be sure, once the two-year statute of limitations “runs out,” you no longer have a valid legal claim.
You should always speak to an experienced California amputation injury attorney as soon as possible, however. In some cases, the statute of limitations may be much shorter. For example, if you claim is against a government agency (for instance, if an employee of the state caused an accident in which you suffered a traumatic amputation injury), the statute of limitations is typically only six months. Do not wait too long to file your claim. If another party’s careless or reckless behavior resulted in a serious accident, you deserve to be compensated.
How Comparative Fault Can Impact an Amputation Injury Claim in California
Injury victims often want to know if it is worth filing a claim if they believe they were partial to blame for the accident. This question brings up the issue of comparative fault. Comparative fault is a defense that is raised by the defendant to avoid being fully financially responsible for the plaintiff’s losses. California courts follow what is known as a pure comparative fault rule.
In a pure comparative fault state like California, the plaintiff can still recover damages even if she bears a percentage of the responsibility for the accident or the severity of the injury. However, the plaintiff’s final damages award will be reduced by her own percentage of fault. For instance, if the plaintiff is 10 percent liable, her damages award will be reduced by 10 percent. If the plaintiff is 90 percent responsible, her damages award will be reduced by 90 percent.
Seek Advice from an Experienced California Amputation Injury Attorney
If you recently suffered a limb-loss injury in an accident, you should reach out to a California amputation injury attorney as soon as possible to learn more about the process of filing a claim. The team at GJEL Accident Attorneys can get started on your case today. Contact us to learn more about how we assist clients with personal injury claims in California.