Traumatic Amputation Lawyer

Traumatic Amputations

A traumatic amputation involves the loss of a body member due to an accident involving trauma. It differs from a medical amputation in that a skilled surgeon is not performing an amputation planned well in advance, nor is the amputation desired or expected. Instead, traumatic amputations are usually the results of serious incidents, such as:

Liability for Traumatic Amputations

Who can be held liable for the damages resulting from a traumatic amputation? In Texas, negligence or unlawful actions are a requirement in personal injury cases. Victims must present clear proof of liability and be no more than 50% responsible themselves. What that proof is depends on the circumstances of the traumatic amputation. 

When a car accident is the incident in question, liability belongs to the party who failed to discharge their duty of safety as a driver or other party. For example, driving drunk, speeding, or failing to obey traffic rules can lead to liability if an accident occurs.

When an injurious incident takes place on someone else’s property, standards of care require property owners to ensure the property is reasonably safe for the various types of guests that may arrive. For example, a poorly restrained pitbull dog could cause injury and amputation for a guest. 

Negligence, however, is not always necessary in all personal injury cases, such as in product liability cases. These cases involve products that are dangerously defective and cause harm. In the marketplace, there are many products that are capable of causing a traumatic amputation, especially when dangerously defective. 

When a dangerously defective product does in fact lead to a traumatic amputation, the victim needs to prove only that the product was dangerously defective. Proving negligence is not required.  

Types of defects that make a product dangerously defective include:

When seeking compensation for an amputation caused by a dangerously defective product, victims may potentially pursue damages from product designers, manufacturers, distributors, and retailers. 

Compensation for Traumatic Amputation 

As you might imagine, traumatic amputations can leave victims struggling to survive. Work opportunities may disappear, bills pile up, and participation in leisurely activities becomes impossible or, at the very least, extremely challenging. Victims of traumatic amputations turn to experienced injury lawyers to recover valuable damages to help them deal with their losses.

Available damages for traumatic amputation cases include:

Keep in mind that if an amputation injury occurs at work, the victims may be limited to a workers’ comp claim, which pays less than a personal injury claim. However, if a third party is involved in the injury, the victim can sue that third party for full damages along with seeking workers’ comp benefits.