None of us enjoy thinking about the painful results that can occur from unfortunate accidents. We often push the notion out of our minds altogether, only truly facing the issue when one of our family members or ourselves are affected.
One unfortunate result that can result from a serious accident is the loss of a limb. Facing the emotional side of being on the receiving end of amputation is enough to deal with. You and your loved ones don’t need to solely be responsible for handling your legal battles as well.
Working with a loss of limb lawyer in Fort Myers at Viles & Beckman will be essential for you and your loved ones as you try to navigate your new normal. We can help you understand how to best handle these unfortunate realities from a legal standpoint.
What Types of Accidents Result in Amputation or Loss of Limb?
When it comes to amputations, there are both unintentional trauma amputations and intentional medical amputations. A number of different types of accidents can result in limb loss or an unintentional trauma amputation. Some of the most common types of accidents that result in amputation or limb loss are detailed below.
- Motor vehicle accidents
- Power tool or machinery accidents
- Severe burns from fire or explosions
- Electrical or chemical burns
- A heavy object falling on a limb
If you are unsure if you have a case because you don’t see your injury above, there’s no need to worry. Our lawyers offer a free case review. We can review your injury, tell you if you have a case, and give you an estimate of the damages you could receive.
How Long Do I Have to File a Loss of Limb Claim?
According to Florida’s statute of limitations, you have four years to file a claim against someone for an act of negligence. It’s important to file a claim as soon as you can in order to increase your chances of getting the maximum amount of compensation.
If you file after four years, you may not be able to receive any compensation because you are past the deadline. The time you have to file can vary depending on the details of your case. The only way to know the exact amount of time you have is to meet with a Fort Myers loss of limb attorney.
Who Is Responsible for an Amputation or Loss of Limb?
If you’ve lost a limb, you may be entitled to compensation. While it will never make up for the loss and trauma endured, those who have experienced a traumatic amputation or loss of limb do have the ability to sue the negligent party for compensatory damages.
In rare circumstances, intentional surgical amputations are needed after a patient has received inadequate medical care from health professionals. In this situation, you or your loved one are still in the position to receive compensation if the need for amputation has become necessary as a result of improper care.
Cases have been filed against medical professionals in the past where surgeons have left surgical sponges in patients, amputated the wrong limb, have failed to adequately treat blood clots and general negligence that resulted in the need for amputation.
Our attorneys can help you navigate a medical malpractice lawsuit if a medical professional’s negligence led to your limb loss or amputation. An experienced loss of limb lawyer in Fort Myers will work to achieve the best possible outcome for your situation.
How Can I Prove Negligence in My Loss of Limb Case?
In order to prove negligence in any case, including a loss of limb case, there are four elements you must prove. The four elements are:
- Duty of care: A duty of care means that people or a company are required to provide a reasonable amount of care to others. To succeed in a case, you must be able to prove that the negligent party owed you a duty of care. For example, a doctor has a duty of care to take care of their patients by following the safe guidelines that their profession provides.
- Lack of duty of care: This means that someone who had a duty of care to you ignored it, increasing the probability that you would become injured. In the context of a factory setting, if the supervisors knew of flammable chemicals in an area that could cause an explosion but didn’t remove the hazard, they are breaching the duty of care.
- Damages: This is the third element you must prove and it’s the easiest. You must show that the negligent party caused damage to you. To prove this, you could take photos of the dangerous conditions and the injuries you’ve sustained as a result.
- Causation: Lastly, you must prove that the lack of duty of care is what caused your injuries. In the example of the factory setting, you must prove that the flammable chemicals exploding are a result of your burns.
If you are overwhelmed reading this, there’s no need to worry. You don’t have to try to prove negligence alone. Our lawyers will be with you every step of the way and can help you prove negligence so that you can get the compensation you need.
What Damages Can I Recover in a Loss of Limb Case in Fort Myers?
When you lose a limb, you may be struggling financially, mentally, and physically. Compensation for your losses can help relieve some of your stress so that you can focus on recovering. Depending on the details of your case, you may be able to receive damages for the following:
- Current and future medical expenses: After a loss of limb or amputation, you are bound to have medical costs. You probably didn’t anticipate that you would lose a limb, so you may have difficulty paying these bills. Medical costs can include prescriptions, surgeries, and hospital room costs.
- Loss of wages: When you lose a limb, returning to work may be even more difficult. While you recover, you can use your compensation to supplement the loss of the income you get from your job.
- Physical therapy: Rehabilitation can be weeks long or a lifelong process. Whether it be getting acquainted with a new prosthetic or learning how to move a certain part of your body again, physical therapy can be costly.
- Prosthetics or other medical equipment: Prosthetics can cost thousands of dollars, and there are many to choose from. You can use your compensation to take your time deciding which one is right for you, and you won’t have to worry about being on a budget.
- Pain and suffering: Also known as emotional trauma, the emotions that you go through when you lose a limb can be overwhelming. We can help put a monetary value to the pain you’ve endured.
- Punitive damages: These damages are often only awarded when the negligent party was grossly negligent or caused you pain on purpose. The reason for these damages is to discourage the behavior in the future.
A loss of limb attorney in Fort Myers can help you determine what damages you are entitled to. Our lawyers work hard to identify all the damages you qualify for so you get the settlement that you deserve.
Limb Loss Statistics
In the United States, there are nearly two million people living with limb loss. However, the leading cause has nothing to do with unfortunate accidents but rather with vascular disease. Around 54% of those living with limb loss have vascular disease, including diabetes and peripheral arterial disease, that is to blame.
In regard to accidents, the second leading cause of limb loss in the United States is trauma at 45%. Beyond vascular disease and trauma, a very small percentage of limb loss can be attributed to cancer.