New York Amputation Lawyers

November 2, 2022
Steven Schwartzapfel

Amputation Injuries

Amputation injuries involve the removal or loss of a distinct body part such as a finger, foot, hand, arm, or leg. They may be caused directly due to accidents or become medically necessary due to other injuries, like major blunt force trauma, severely broken bones, or severe burns.

Amputation may also be a viable option in treating other injuries, stemming blood loss, and/or preventing the spread of infection to the rest of the body.

According to Ohio State University, approximately 2 million people in the U.S. are currently living with limb loss. Primary causes of living with an amputation include: vascular disease, trauma, and cancer. Note: Each year around 185,000 amputations occur in the U.S.

Amputation injuries can negatively impact an individual’s life long after the events that caused them. For example, losing a leg requires the individual to:

Limit their mobility in several ways
Rely on walking aids for the rest of their life, such as crutches, prosthetics, etc.
Pay medical bills to cover the initial amputation (if applicable), surgical costs, ongoing medical costs, costs for physical therapy, etc.

In addition to causing physical harms, amputation injuries can be stressful mentally in ways that other harms may not be. This, in turn, can increase the pain experienced by an accident victim. It may also lead to them recovering more in damages from a negligent party, especially if that party was behaving maliciously or egregiously at the time of the accident.

Common Causes of Amputation

Unfortunately, people can suffer amputations from a number of causes.

Accidents

Accidents are among the most common causes of amputations, both at the time of the initial injury and later on through surgery. For example, an auto accident may cause severe trauma to an individual’s arm or leg. Later, medical experts surgically amputate the damaged limb to prevent blood clots or blood loss or to prevent infection from setting in elsewhere.

Many different types of accidents can cause or lead to amputations, including:

Car and/or truck accidents
Workplace accidents, especially those involving heavy machinery
Slips, trips, and falls
Assaults

Medical Negligence

However, amputations may also be necessary due to medical negligence. If a medical professional does not provide adequate patient care, they could risk their patient’s health. In some circumstances, this could cause the patient to be forced to lose a limb.

For instance, a doctor may botch a reparative surgery designed to restore the use of an injured arm. Their mistake, driven by negligence, then causes the arm to become infected. This necessitates amputation of the arm later, leading to even more negative experiences and financial strain for the patient.

Defective Product

Defective products, such as automobiles, heavy machinery, or household items, may also lead to severe injuries and potentially amputations. Medications that cause health complications also qualify as defective products.

For example, a medication that inhibits blood circulation, resulting in tissue death in one or more limbs, is a defective product. If it causes amputation, the victim may have grounds for a product liability lawsuit against the medication creator.

To learn more now, call Schwartzapfel Lawyers at 1-516-342-2200 and allow us the honor and privilege of assisting you in your legal endeavors.

When Might You File a Lawsuit for Amputation?

Amputations often result in high medical bills, time off work, and other financial burdens. As a result, victims may have no choice but to file a lawsuit against a negligent or at-fault party. Depending on the circumstances of your case, you may be able to file different types of lawsuits for your amputation injury(s).

Personal Injury

Personal injury amputation lawsuits involve suing another person or party for deliberately negligent behavior which led to your injuries and eventual amputation(s).

For instance, if you are involved in an auto accident and the other driver was texting while driving, they may be found liable for the injuries you sustained. If, then, you lose a limb because of those injuries, you may have grounds to claim damages to cover your medical costs (and potentially seek punitive damages as well).

Personal injury cases can also involve circumstances like slipping and falling, taking medication that leads to blood circulation problems, construction site accidents, and beyond. Technically, any case in which you are injured due to another party’s negligence is a personal injury case. Your case, however, might be more specifically defined based on its facts.

Medical Malpractice

Medical malpractice lawsuits typically involve suing an individual medical practitioner/professional or medical facility for negligence. As in the above example, you may have grounds to sue a surgeon who botches a medical procedure that leads to a medically necessary amputation.

You may also have grounds for a malpractice lawsuit if a medical professional has made any one of the following mistakes:

Monitored your blood flow improperly
Did not prescribe the correct medication and/or antibiotics to heal your body or fight infection
Failed to recognize and/or treat blood clots after a surgical operation
Misdiagnosed medical conditions and, as a result, allowed an infection to spread
Removed the wrong body part
And more!

Workers’ Compensation

If you or a loved one are injured while at work, you could have grounds for a workers’ compensation lawsuit if that accident results in serious injuries and medical complications. For instance, a construction worker whose arm gets trapped in heavy machinery due to a lack of proper safety gear may be able to sue their employer or insurance company for compensation.

Workers’ compensation lawsuits are more common and necessary if your employer’s insurance company tries to avoid paying for your medical bills and associated costs. In New York State, all employers are required to carryworkers’ compensation insurance. Still, companies may attempt to avoid making these payments by:

Casting doubt on your actions
Trying to show that your accident occurred due to your own negligence
Trying to show that your accident did not occur in the workplace, or that it occurred while in the performance of non-work-related duties

Compensation for an Amputation

Should your lawsuit be successful, you could receive damages for:

Past and future medical bills related to your amputation and associated injuries
Ongoing physical therapy and/or rehabilitative costs
Bills related to prosthetics and/or other necessary medical devices
Lost income from time taken off work
Lost opportunity or ability, especially if the amputation was particularly severe or limiting
Loss of companionship
Pain and suffering
And more!

Note: The stronger your legal team, the greater your chances of securing maximum compensation and damages.

What To Look for in Amputation Attorneys

The right legal team can make all the difference in your amputation or personal injury lawsuit and whether or not it succeeds. As such, you should look for several key factors when considering a lawyer or law firm.

Contingency Fee Basis

The first factor has to do with what is called a contingency fee basis.” This ensures that you won’t have to worry about paying your legal representatives until after your case concludes. Moreover, a contingency fee basis guarantees that any legal fees come out of damages you receive from your lawsuit.

So, what if you lose? You don’t have to pay your lawyers a penny. That’s exactly how Schwartzapfel Lawyers operates and it’s why we’ve been able to help New Yorkers just like you for 35+ years. Contact us now at 1-516-342-2200 for more information as well as a free case evaluation.

Experience in the Practice Area

Next, you’ll want your lawyers to have extensive experience handling cases like your own. Why? Because experienced law firms who have, in the past, successfully tried similar cases stand a much better chance of securing you compensation.

This is especially true of Schwartzapfel Lawyers. But don’t take our word for it – check out our client testimonials page to see how we’ve helped countless New Yorkers like you recover compensation through their personal injury,auto accident, workers’ comp, and related cases, many of which have involved serious injuries like amputations.

Dedication to Clients

Lastly, never settle for a law firm that doesn’t provide absolute dedication to each of its clients. When you hire Schwartzapfel Lawyers, we’ll fight for you before, during, and after your court date, as well as treat you like family – because you are.

Each client is a part of our family, and we never abandon them.

Contact Schwartzapfel Lawyers Today

No matter the details, amputation injuries are tough to live with. The last thing you need when trying to recover is added financial struggle. Tohelp you get the compensation you need, allow Schwartzapfel Lawyers the honor and privilege of filing a successful personal injury or auto accident claim on your behalf.

With Schwartzapfel Lawyers fighting for you™, you will have a much better chance of recovering compensation to pay for your medical bills, lost income, and other expenses. Contact us today online or at 1-516-342-2200 for a free consultation, case evaluation, and so much more!

Sources:

Schwartzapfel Lawyers, P.C. | Fighting For You™™

Limb Loss Stats | One Handy Barrow | Ohio State University

An Introduction to Medical Malpractice in the United States – PMC | NCBI

Amputation | Johns Hopkins Medicine | Johns Hopkins Medicine