Amputation Injury Lawyer Atlanta
An amputation is a devastating medical event that can force a complete change in the lifestyle of the victim and their families. Such a traumatic event can create significant problems for the person, including an enormous financial burden and emotional suffering.
While nothing can undo what has happened, you can certainly seek compensation for your suffering if your amputation was a result of someone’s negligence, mistake, wrongdoing, or recklessness. At The Pendergrass Law Firm, we can fight for your rights and help you get fairl compensation for your damages.
Common Amputation Injuries
An injury that results in an amputation is traumatic. Amputation is not limited to accidents as medical conditions or illnesses can also require amputations such as diabetes, sepsis, infection, neoplasms, and chronic inflammation diseases.
According to the Bureau of Labor Statistics, more than 6200 amputations resulted from workplace accidents, and machinery was involved in 58 percent of the cases. Accidents that lead to amputations are often violent and unexpected. Types of incidents that can lead to amputation injuries include:
- Industrial accidents such as injuries suffered at a construction site or factory
- Transportation accidents such as car accidents, motorcycle accidents, truck accidents, train accidents, bicycle accidents, and pedestrian accidents
- Electrocution accidents
- Agricultural accidents
- Firearm accidents
- Explosions or fireworks accidents
- Military-related injuries
Amputation Claims From Medical Malpractice
You could have the right to seek compensation if you suffered an amputation due to medical negligence. Whether the medical negligence was caused by misdiagnosis, treatment error, surgical error, or any other reasons, you could recover compensation for your suffering if you can prove negligence or wrongdoing.
The key is to prove that the mistake or error was avoidable or that another professional would have acted differently under the same circumstances. However, it is worth noting that only a small number of cases involve amputation due to medical malpractice. If you believe medical malpractice played a part in your amputation, you could file a claim.
Personal Injury Claim Process in Atlanta
If you are seeking compensation for your amputation, keep in mind that it can take several months to reach a resolution. For complex cases, it can take years to reach a resolution. Knowing the different phases of personal injury claims can help you prepare for what to expect.
While it’s not mandatory to have an attorney represent you, having one can be beneficial as they can guide you through each step of the way. If you haven’t started your search for a lawyer, we encourage you to consult our highly skilled and experienced attorneys at The Pendergrass Law Firm.
The personal injury claim process starts with a demand letter that is sent to the party that caused your injury. In most personal injury cases, you would be sending the demand letter to an insurance company. The demand letter will include information about what caused your amputation and the medical and nonmedical expenses you had to bear as a result of the amputation.
The recipient of the demand letter will be asked to respond within a certain time limit. They can either accept the demand and engage in negotiations with you, or they can refuse to settle. Most personal injury cases are filed through out-of-court settlements. However, the case can go to trial.
Going to trial means it will take longer to resolve the dispute. However, in some cases, going to trial is the best option. This is especially true if the defendant is being unreasonable in their counteroffer or does not want to engage in any dialogue.
Statute of Limitations for a Personal Injury Claim in Atlanta
The statute of limitations sets the time limit for the plaintiff to initiate a legal action. If you got injured in an accident, you have a deadline to initiate a personal injury lawsuit. If you don’t initiate within the deadline, you may no longer have the right to pursue legal action. The statute of limitations serves several important purposes, including ensuring a reasonable level of legal certainty, preserving evidence, and encouraging prompt resolution of disputes.
Amputation is typically a personal injury case. The statute of limitations for a personal injury lawsuit in Atlanta is set at two years from the date of the injury that led to the amputation. You should keep in mind that there are some exceptions to the statute of limitations, such as taking legal action against a government entity. It’s best to consult with an attorney to ensure you are within the statute of limitations. Failing to take action before the statute of limitations expires will likely mean you can’t recover compensation, so don’t delay speaking with a personal injury lawyer.
How Can Personal Injury Attorneys Help?
How Much Compensation Can I Get for Losing a Leg?
There is no fixed amount or standard guidelines for how much compensation you would receive for losing a leg. The compensation can range from a few thousand dollars to millions of dollars.
The amount of compensation for amputation that was a result of someone else’s fault or negligence depends on several factors.
The resulting financial impact of the amputation is a key factor in determining the amount. For example, if the amputation results in the loss of income of a high-earning individual, the fault party could be held liable for the accident. Similarly, if you had to undergo various surgeries and therapies, you can recover compensation for any medical treatment. In most cases, the compensation comes from an insurance company.
What Is Partial Amputation?
Partial amputation means that some structures of the arms or legs remain. This is different from complete amputation where the entire limb is removed from the body. Partial amputations can vary in severity. The amputation of a single finger or the amputation of a major section of a leg are both referred to as partial amputation.
What Is Phantom Sensation?
Phantom sensation is a feeling that the lost body part is still attached to the body. As the mind is not used to the absence of the limb or part of the limb, it makes the person feel as if the body part is still attached. The victims of amputation may even feel itching or pain in part of the limbs that have been amputated. The pain is referred to as phantom limb pain.
Schedule a Consultation with a Personal Injury Lawyer
A limb loss is a devastating event, and you need all the support you can get. If you or your loved one suffered from such an event, allow us at The Pendergrass Law Firm to guide you on your legal options to recover compensation from the at-fault party. Our injury lawyers have a strong track record of success in getting justice for our client’s life-changing injuries. Contact us today to speak with an Atlanta amputation attorney.