When you or your loved one have sustained an amputation due to a third party’s negligence, you may be able to file a claim for compensation with the help of a compassionate catastrophic injury attorney from Lowenthal & Abrams. Amputations can happen for several different reasons, but some of the most common reasons include amputations after severe injuries sustained in car accidents, industrial accidents at work, or faulty products.
Amputations can also be the result of medical negligence, such as misdiagnosis. In an industrial city such as Philadelphia, accidents that cause amputations are bound to happen frequently. Let our Philadelphia amputation lawyers zealously represent you while you focus on your recovery.
Types of Amputations
Amputation is the surgical removal of a limb, such as a leg, foot, hand, toe, or finger. Amputations differ depending on the location and the limb removed. The most common types of amputations include the following:
Upper Limb Amputation
This procedure can include anything from finger removal to the removal of the arm, including the collarbone and shoulder blade.
Lower Limb Amputation
Lower limb amputations also vary and can be something as small as a toe removal to a hemipelvectomy, which is the removal of the pelvis along with the leg.
Traumatic Amputation
Traumatic amputations happen when there is a severe injury because of combat injuries, motor vehicle accidents, or industrial accidents.
Congenital Disabilities
An individual can also be born with a congenital disability at birth, such as underdeveloped limbs. Such conditions may also warrant an amputation.
Elective Amputations
Elective amputations are pre-planned surgeries due to chronic and unmanageable pain or severe deformities that affect the quality of life.
When a person is considering their available legal options for pursuing damages from an amputation injury that was the result of negligence, call a Philadelphia attorney for help.
Establishing Liability
Establishing liability is essential to show that the injury happened due to a third party’s negligence, recklessness, or intentional act. The first step of establishing liability is to determine the cause of the amputation.
For example, an amputation can result from medical malpractice, a workplace injury, a car accident, or a defective product. In establishing causation for an amputation, our Philadelphia legal team collects evidence such as witness statements, expert testimony, accident reports, medical reports, and additional photos or videos.
The next step is proving that negligence, recklessness, or an intentional act occurred. For example, in a medical malpractice case, the injured party must have had a duty of care to the person. There must also have been a breach of that duty, a causal link between the breach and the amputation, and damages.
Statute of Limitations
A statute of limitations is the time limit during which an injured person may bring a lawsuit. The purpose of the statute is to promote fairness and efficiency in the legal system by precluding parties from delaying legal action. In the medical malpractice context, claims must be brought within two years from the date when the person knew or should have known that the injury happened and that it was caused by the negligence of the medical professional. This discovery rule exists for injuries or negligence that are not instantly apparent. Regarding minors, the statute of limitations does not begin running until they reach eighteen years of age.
Call a Philadelphia Amputation Attorney Today To Understand Your Options For Bringing a Claim
Amputation cases necessitate a deep understanding of the legal complexities and medical issues. Our Philadelphia amputation lawyers are experienced in proving liability, gathering the appropriate medical documentation, and presenting expert testimony to secure fair compensation for you and your family.
Call our legal team at Lowenthal & Abrams today to schedule a complimentary consultation.