Amputations are sometimes caused by illnesses such as diabetes, cancer, or complications from surgery. However, amputations can also be caused by an unexpected accident such as a car accident, truck accident, a construction accident, or another type of traumatic accident. In some cases the amputation is of a finger, toe, hand or foot, while in other cases the amputation results in the loss of an entire arm or leg. Regardless of the type of amputation, amputations are always traumatic and life-changing for both the victim and the victim's family. You may not know what to expect from your amputation injury or what local resources are available to you. You also may be faced with the loss of income coupled with substantial medical expenses. Whether your amputation occurred in a car accident, was caused by an act of medical malpractice, or resulted from another type of act of negligence, New York law allows you to seek damages through a personal injury claim. If you or a loved one suffered an amputation injury as a result of the negligence of another person it is important that you speak with a New York Injury Lawyer for legal guidance. You could be entitled to compensation for your injuries, including reimbursement for your medical expenses, loss of income and your pain and suffering.Causes of Amputation Injuries
Amputation, also referred to as dismemberment, is the loss of a limb such as a leg, arm, foot or finger. Amputation is sometimes required due to an illness, but can also occur as a result of an accident or medical malpractice. For example, following a surgery if care for the wound is not proper then a serious infection may the wound is not properly cared for an infection may ensue ultimately requiring the limb to be sacrificed.
A traumatic amputation may occur when a limb is partially or completely detached in a construction accident. For example, a worker using a defective power tool may lose his fingers when the tool malfunctions. Similarly, in a factory if a worker's arm is caught in faulty equipment or a finger is caught in a conveyor belt mishap, then the result may be an amputation. If this worksite equipment is defective resulting in an injury to a worker, or if Occupational Safety and Health Administration (OSHA) safety standards were not followed, the employer or the manufacturer of the equipment will be liable to the injured worker. For example, OSHA defines the circumstances under which workers must wear personal protective equipment such as protective shoes to prevent injuries such as amputations. 29 CFR 1918.104Consequences of Amputation Injury
The life of an amputee is forever changed. Amputations often lead to permanent disability, limiting the victim's ability to work and produce an income. Related medical issues continue well after the amputation. Some amputees must undergo multiple surgeries throughout their lifetimes. Many have prosthetic limbs fitted. Costs associated with the medical procedures, psychological treatment, prosthetics, and rehabilitation are astronomical.
There are, however, several possible sources of compensation for victims of negligence to help cover your losses and expenses and help ensure that you enjoy the best possible good quality of life. Losses for which you may be entitled to compensation include medical expenses, future medical expenses, lost wages, lost earning capacity, disfigurement, disability, pain and suffering, emotional distress, and any other reasonable compensation as defined by New York law. CPLR section 5501. In most cases, including where your injury resulted from an auto accident, you will be able to pursue damages in a common law personal injury claim against the negligent person. If the accident occurred in the workplace, you may be entitled to workers' compensation benefits. In addition, you may be entitled to Social Security disability benefits.
Beware that New York law has a specific time limit for filing personal injury claims. If you do not file your claim within the time period you will be forever barred from collecting damages even if your case has merit.Bronx Amputation Injury Lawyer
If you have been injured in accident that resulted in an amputation it is important to speak to our legal team as soon as possible. Depending on the facts of your case you may have a medical malpractice claim, a product liability case, a personal injury claim, or a workers' compensation claim. The staff at Stephen Bilkis and Associates, PLLC has extensive experience successfully represented clients who have suffered serious injuries such as an amputation, back injury, traumatic brain injury, neck injury, and paralysis. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case.