It’s one thing to be involved in an accident. It’s another to walk away from an accident missing one of your limbs. This loss isn’t something you recover from over a weekend. You may spend the rest of your life learning how to live without the use of a once-essential limb.
If you face this kind of severe loss, you have the right to legal action. You can work with a loss of limb attorney in Lehigh Acres, FL, to hold a liable party accountable for the loss of your limb. Viles & Beckman can bring your case before a county clerk and push to take it to a judge.
Overlap Between Loss of Limb and Catastrophic Injury Claims
There are many cases in which the loss of a limb may be classified as a catastrophic injury. Accidents resulting in the loss of a limb can often be traumatic, leaving you with both physical injuries and the mental/emotional work of overcoming that new change.
With this in mind, many attorneys may file your loss of limb claim as a catastrophic injury claim. This categorizes your loss alongside conditions like brain injuries, internal bleeding, and paralysis. You can talk over what the means for your possible compensation during an initial case consultation.
What to Expect from a Loss of Limb Claim
Loss of limb claims, or complaints, let you take power back after a severe accident. These documents allow you to present the facts of your accident to a county clerk. If you can present information about liability and your losses in a compelling manner, a county clerk may move your case forward.
In moving your case forward, you obtain the right to summon the party you think is responsible for your loss of a limb. You can then request that said party negotiate with you over a settlement or meet you in court. Neither of these options is better than the other. Rather, both allow you to pursue compensation for your losses in an environment that suits your needs.
Evidence Establishes Liability in Loss of Limb Cases
As you build up a loss of limb complaint, you cannot overstate the importance of evidence. You need evidence to both establish liability and elaborate on the extent of your losses. Fortunately – in a manner of speaking – loss of limb is relatively easy to prove. You can still call on an expert witness, though, to testify as to the severity of your condition.
Testimony is only one form of evidence you can use when presenting your case in civil court. A Lehigh Acres, FL, loss of limb lawyer can also use any of the following forms of evidence to back your claim:
- Debris from the scene of the accident
- Accident recreations
- Photos and videos from the scene
- Police reports detailing your accident
- Medical bills and related paperwork noting your accident’s expenses
- Medical reports detailing the severity of your losses
- Bystander testimony
As you’re recovering from your accident, our team can begin to gather this information for you. You can provide testimony regarding your accident and any perceived negligence at a later date.
Loss of Limb Cases as Personal Injury Claims
In most cases, your loss of limb case – as either its own case or a catastrophic injury case – abides by laws set forth for personal injury cases. This means that the deadlines that apply to personal injury cases apply to your loss of limb claim.
More specifically, you have a limited amount of time to bring your loss of limb claim to the attention of a county clerk. According to Florida Statutes §95.11(3)(a), you have four years to act on your losses. If you don’t file your complaint within those four years, civil courts have the right to reject any claims addressing your loss of limb.
Loss of Limb Cases as Workers’ Compensation Claims
There are some instances wherein your loss of limb may be attributed to employer negligence. In these cases, you can file a workers’ compensation claim. These claims allow you to request compensation based on your recovery costs and your lost wages. However, you may not have the opportunity to request compensation for your non-economic or emotional damages.
To file a workers’ compensation claim after the loss of a limb, you need to:
- Alert your employer as to your intent to file within thirty days of your accident
- Seek out essential medical attention while filing your claim
- File your workers’ compensation complaint through the Maryland Workers’ Compensation Commission website
Our loss of limb lawyers in Lehigh Acres, FL, can guide you through this process and represent you should the commission question your right to compensation.
Securing a Loss of Limb Settlement
If you lose a limb due to company negligence, that institution may contact you. A liable company’s legal team may elaborate on your filing options while also offering you a settlement for your losses.
Settlement offers take the place of the compensation you might otherwise negotiate for on your own. However, loss of limb settlement offers tend to underestimate the value of your loss. With that in mind, don’t hesitate to bring a settlement offer to our office before you accept.
We can find the sum of your economic losses and apply applicable multipliers to your case without taking a settlement into consideration. Then we can compare the two numbers and determine if you’ve received a sufficient offer. You can request that we negotiate for additional compensation on your behalf if there’s a significant gap between your estimate and an offer.
Our Office Provides Support to Clients Suffering From the Loss of a Limb
Losing a limb transforms the way you live your life. As you relearn how to meet your daily needs, let our team advocate for your right to compensation in court. Loss of limb attorneys in Lehigh Acres are prepared to bring your losses before a judge and jury.
For more information about what a loss of limb claim may look like, you can contact us. Viles & Beckman are available to discuss your losses over the phone or through our website. Our attorneys can offer you personalized legal advice based on your accident and the severity of your limb loss.