Amputation & Disfigurement Injury
Amputation is the surgical removal of a limb or extremity, whether that’s an arm, finger, or foot. This removal is most commonly caused by an accident or a medical emergency. Amputations, regardless of location or severity, are devastating. In addition to the emotional and physical pain caused by the accident, patients face a lifetime of rehabilitation and recovery, and have to relearn how to live with their new injuries; sometimes, the patient must relearn basic daily tasks such as how to walk or eat. These lifelong injuries can also cause financial burdens due to a patient potentially losing a job or time at work on top of their medical expenses.
Disfigurement indicates any permanent damage done to a patient’s bones or soft tissues such as their muscles, ligaments, and skin. Disfigurement can include alteration in appearance, nerve damage, intense scarring or burns, or even amputation. Both amputation and disfigurement are considered to be the most mentally overwhelming for patients because they alter their entire life with continued rehabilitation and recuperation. The most common causes of amputations and disfigurements are car accidents, cycling/motorcycle accidents, pedestrian accidents, workplace accidents, workplace accidents, infections, chemical burns and medical malpractice.
Amputation and disfigurement cases in the personal injury world are subject to a higher amount of compensation for damages due to the severity of the injuries. Each state has different rules and guidelines when handling personal injury lawsuits. Texas, for example, has a strict 2 year statute of limitations from the date of the accident to file a lawsuit. If the culpable party is a government establishment, the statute of limitations to file is reduced to 6 months from the date of the accident. These limitations periods vary by State so be sure to contact an experienced personal injury lawyer in order to protect your legal rights.
Modified comparative negligence or contributory negligence can make it difficult to gain compensation in an amputation or disfigurement injury case. Again, the application of these rules varies from state to state. In some states, the plaintiff may be found to be either equally responsible or more accountable for the injury in question; in order to recover damages, the plaintiff must be less than 50% at fault for the injury. The amount of compensation a plaintiff receives is directly correlated to how liable they were for the accident in the court’s eyes.
If you or a loved one has suffered an amputation or disfigurement injury, find a personal injury lawyer, like a medical malpractice lawyer in Cleveland, OH from Mishkind Kulwicki Law Co., LPA, immediately. Timing is crucial when presenting a case to the court so do not wait. The personal injury attorney can conduct a thorough investigation and determine if you have cause for filing a lawsuit. You may be eligible for compensation after seeking legal recourse for your malpractice case.