Loss of limb Injuries are defined as any loss of an arm or leg, in whole or in part, due to trauma, infection, diabetes, heart disease, cancer, or any number of other causes. In rare cases, individuals are also born without a limb. The number of individuals who have suffered from limb loss is projected to double by the year 2050, mostly due to diabetes. If you or a family member unfortunately loses a limb because of any of the above-listed reasons, contact an Estey & Bomberger, LLP San Diego loss of limb injury attorney for a free legal consultation.
How to Prove Negligence in an Amputation Lawsuit
To successfully pursue compensation in a loss-of-limb case, we must establish that another party’s negligence directly caused your injury. This requires proving four elements:
- Duty of Care: We must show that the defendant owed you a legal duty to act reasonably and avoid causing harm. For example, have a duty to operate vehicles safely and doctors must provide competent medical care.
- Breach of Duty: Next, we demonstrate that the defendant failed to meet this standard of care through action or inaction. This might include a driver running a red light or a surgeon making a preventable error during a procedure.
- Causation: We must prove a direct link between the defendant’s breach of duty and your limb loss. This means showing that your amputation would not have occurred but for the defendant’s negligence.
- Damages: Finally, we must document the harm you have suffered, including medical bills, lost income, rehabilitation costs, emotional distress, and reduced quality of life.
What Our San Diego Personal Injury Attorneys Can Do for You
When you hire Estey & Bomberger, LLP for your case, you gain experienced advocates who will fight for your future. No amount of money can restore your limb, but fair compensation can provide the resources you need to adapt and move forward. Our attorneys will work diligently to secure the maximum compensation you need to recover.
We begin by thoroughly investigating your case, gathering evidence and consulting with medical experts and accident reconstruction specialists. Our firm will identify your optimal path to compensation—whether filing an insurance claim or lawsuit—and handle all communications with the other party so you can focus on healing.
Causes of Amputation and Limb Loss
Vascular Disease: Accounting for 54% of all amputations each year, vascular disease can include diabetes, heart disease, certain types of infections, and more. In most cases, these amputations are medically appropriate and non-negligent.
Trauma: 45% of amputations happen as a result of trauma. While losing a limb as the result of trauma doesn’t necessarily mean someone is at fault, the two often go hand in hand.
Affirmed Amputation vs. Accident or Assault
For the purposes of legal representation, limbs lost to disease which were not a result of medical malpractice cannot be compensated for. However, individuals who lost limbs as a result of trauma may have a case. If you or a loved one lost a limb as a result of medical malpractice which resulted in infection or non-affirmed amputation, you may be able to get compensation for the medical bills, potential loss of employment, and emotional stress put on you and your family.
If you have lost a limb as a result of an attack or any malicious intent, you may be eligible for some form of compensation or reparation for damages. Individuals who suffered limb loss as a result of a work-related accident or automotive accident may be eligible for legal reimbursement.
Any limb lost as a result of negligence may end in a lawsuit against the proprietor of the hazardous environment or faulty equipment. To determine whether legal representation is fitting for your case, first determine whether your limb loss is a result of negligence or malice, or whether it is a result of an inherent, unavoidable medical condition. Consulting with a San Diego limb loss injury attorney is the best way to determine whether your case will hold up in court.
Implications of Limb Loss
Those who lose a limb suffer many negative side effects down the road. Most apparent is a loss of mobility and function the individual previously had, but difficulties are much more involved. There are 185,000 amputations of limbs yearly in the United States. However, only 112,000 of those are planned and surgically performed. This means many people lose a limb resulting in irreparable nerve damage, chronic pain, and greater difficulty adapting to a prosthetic limb.
Further, hospitals spend $8.3 billion on amputations. $5.5 million of that total goes toward treating unplanned amputations and limb loss, as these situations are much more involved. In any case, wrongful loss of limbs can result in expensive hospital bills, loss of employment, limitations to the quality of life, and increased stress for loved ones. Therapies, rehabilitation, and in many cases, complete relearning of limb use is required. This takes time and money to complete.
Many individuals who suffer an amputation feel embarrassed or otherwise chastised by their condition, especially when handling daily tasks where the missing limb limits functioning. If another individual or organization is responsible, don’t carry these burdens on your own.
Common Types of Loss of Limb Claims We Handle
When you have lost a limb due to another’s negligence, you deserve justice. At Estey & Bomberger, LLP, we have helped countless clients navigate the complex process of pursuing compensation for traumatic amputations.
While every case is unique, certain situations commonly lead to loss of limb injuries where another party may be held responsible. Our firm handles a wide range of these claims, including but not limited to:
- Motor Vehicle Accidents: Car crashes, pedestrian collisions, motorcycle accidents, and bicycle accidents can all result in catastrophic injuries that lead to amputation. Whether you were struck by a negligent driver, caught in a multi-vehicle collision, or injured as a vulnerable road user, the force and trauma involved in these accidents can cause severe damage to limbs. In some cases, the limb is lost at the scene; in others, the severity of the injury makes amputation medically necessary.
- Commercial Truck Accidents: The sheer size and weight of semi-trucks make accidents involving these vehicles especially devastating. When truck drivers or trucking companies fail to follow safety regulations, maintain their vehicles properly, or adhere to hours-of-service rules, serious damage to limbs can occur. Victims trapped between vehicles or crushed under heavy loads often face amputations as a direct result of these collisions.
- Train Accidents: Railroad crossing accidents, platform accidents, and incidents involving light rail or subway systems can result in traumatic amputations. These accidents often occur due to inadequate warning systems, poor visibility at crossings, or negligence on the part of railroad companies.
- Dangerous Products: Defective machinery, power tools, industrial equipment, and consumer products can cause severe injuries, leading to amputation. If a product lacks proper safety guards, contains design flaws, or comes with inadequate warnings, the manufacturer or seller may be held liable.
- Medical Malpractice: Sometimes, the very professionals tasked with healing us make errors that result in limb loss. Surgical mistakes, delayed diagnosis of infections, improper treatment of vascular conditions, or errors during emergency care can all lead to amputations that could have otherwise been prevented.
Representation at Estey & Bomberger, LLP
At the law office of Estey & Bomberger, we are committed to defending the rights of wrongful amputation and those who have lost a limb. If you believe your limb was lost as a result of someone else’s negligence, contact us today. We would be happy to discuss the details of your situation.