What You Need to Know About Getting Compensation After Limb Loss

You may be shocked to learn that losing a limb is more common than you may realize.  According to data collected by Access Prosthetics, approximately 2.1 million U.S. residents currently live with limb loss, and that number is projected to double to over 4 million by the year 2050. On average, 185,000 people receive amputations every year, equating to around 300 to 500 amputations daily.

The majority of amputations change victims’ lives forever, as they may experience depression and anxiety and will undoubtedly incur increased health costs compared to others without limb loss. If you have become an amputee because of an accident  you were not responsible for, you may be entitled to serious compensation.

Causes of Amputations that May Justify Compensation

If you were injured in a workplace accident or a vehicle accident that was not your fault and resulted in an amputation, you may be entitled to compensation.  

Workplace Accidents

Workplace injuries often occur when working conditions are not regularly monitored for safety and compliance per standards of the Occupational Safety and Health Administration (OSHA), which are put in place specifically to prevent injuries such as accidental amputations. In particular, the manufacturing industry is responsible for a considerable number of these incidents. In 2015, OSHA reported around 2,600 amputations due to accidents in the workplace, with 57% occurring in the manufacturing sector.

Injured employees may be entitled to receive workers’ compensation benefits. However, if your amputation was caused by someone other than your employer, such as a coworker, contractor, car or truck driver, manufacturer, or another party, you may be entitled to file a third-party case. This ability also applies to workers who are not entitled to workers’ compensation benefits, such as independent contractors.

Victims of workplace injuries can often get more compensation through a third-party claim than in a workers’ compensation claim, because workers’ compensation claims do not provide compensation for pain and suffering.

Vehicle Accidents

Car, truck, motorcycle, and pedestrian accidents occur every day, and some result in catastrophic injuries, including amputations. In fact, car accidents are a leading cause of amputation in the U.S. Car accidents can cause fingers, toes, hands, feet, or arms and legs to be cut off by sharp metal or crushed so severely that they cannot be healed or repaired, leaving amputation as the only option.

The long-lasting effects of these accidents have severe financial repercussions, including loss of wages, long-term counseling, and physical therapy. If an amputee victim incurred their injury due to the wrongdoing of another road user, they may be entitled to file a claim to obtain compensation for the loss of their limb.

What Type of Compensation Can I Get After an Amputation?

After a severe, permanent, or disabling injury such as limb loss, victims are potentially entitled to compensation for not just their medical expenses but also compensation for pain and suffering, loss of past and future income, and payment for how the incident negatively impacted and will continue to impact their lives.

Personal injury lawsuits are intended to compensate victims for the losses they experienced due to their injuries. Unfortunately, since amputation victims can never get their lost limb back, they are most likely entitled to more compensation than other types of injuries in an attempt to compensate them for their lifetime loss.

For example, a victim of limb loss may not be able to enjoy the same hobbies and activities they did before losing their limb. They may also experience worsened mental health, lesser enjoyment of life, and their relationships with friends, family, and romantic partners may suffer. These are recoverable damages, and a person who experiences them after losing a limb in an accident that was not their fault may be entitled to compensation for these losses. 

Because the impact of an amputation is unique to every victim, we recommend speaking to an experienced catastrophic injury lawyer to discuss what a fair settlement might be for your situation.

Find an Experienced Indianapolis Attorney

At Wagner Reese, our team consists of seasoned and skilled Indianapolis catastrophic injury lawyers specializing in injury, malpractice, and wrongful death. When you suffer an injury that was not your fault, you should not have to pay for the consequences.

We have a proven track record of earning maximum compensation for our clients. If you or a family member have endured an amputation due to someone else’s negligence, contact our law firm for a confidential, free case evaluation.