A traumatic amputation is generally classified as catastrophic because it can alter your entire life and involves the removal of a body part, such as a limb, toe, or finger, in an accident. The injuries often have a traumatic and profound impact on the individual’s physical, financial, and emotional well-being.
They usually require immense and ongoing medical care, rehabilitation, and adjusting to the new way of life. If someone else’s recklessness caused you to suffer severe bodily harm, you could hold them legally and financially responsible. A diligent Inverness amputation lawyer understands your challenges and can help you fight for a fair settlement to cover the damages and losses you deserve. Our catastrophic injury attorneys are ready to handle your legal claim.
Traumatic Amputation Causes in Civil Lawsuits
Traumatic amputation injuries happen when an accident causes severe damage to part of the body and removes the limb or appendage partially or completely, leaving just damaged tissue. In some cases where the removal is partial, healthcare professionals may determine surgical removal of the remaining tissue is necessary. The injuries may result from accidents such as:
Amputation injuries cause permanent disabilities and usually require home modifications, specialized medical equipment, and occupational therapy. Victims frequently require therapy for psychological and emotional harm to deal with feelings of grief, loss, anger, and uncertainty about the future. An Inverness amputation attorney could fight for a person’s rights and advocate for the maximum award for damages.
Establishing Liability After an Amputation Accident
Recovering damages from the at-fault party is complex, with many hurdles. A deep investigation and analysis to review the circumstances and actions of those involved is necessary to determine liability and collect the essential evidence needed to win the case.
That may include speaking to witnesses, reviewing photographs and medical records, and speaking to experts in the medical field. The case must prove the defendant failed to act as any other reasonable person would in the same situation or, in legal terms, breached their legal duty of care. The evidence must show the judge and jury that the defendant’s violation directly links to the accident and damages the injured person sustained.
Modified Comparative Fault
Another important factor in personal injury lawsuits is the modified comparative fault rule. In civil cases, the defendant commonly argues the injured person shares a portion of the responsibility. If the court determines that portion is less than 50 percent, they can still collect compensation from the at-fault party.
The rules of Florida Statutes § 768.81 guide that when the court finds the claimant is partly responsible, they will subtract that percentage from the award amount. However, if they find the injured person is 50 percent or more at fault, they cannot collect a settlement. Building a solid claim and establishing the extent of the defendant’s fault is essential. An amputation lawyer in Inverness could review the statutory rules and guidelines and help calculate the estimated damages.
Schedule to Meet With an Experienced Amputation Attorney in Inverness
Catastrophic injuries, such as traumatic amputations, can alter your life and leave you feeling angry, confused, and frightened about your future. When a person’s irresponsible and thoughtless actions cause other people harm, civil laws protect them by allowing the injured person to seek damages through a civil lawsuit.
Compensation could ensure you get the high-quality and ongoing medical care you need while providing the opportunity to hold the negligent person responsible. Call soon to schedule an appointment and get started preparing your case.
