After a major accident, an amputation may be required to if there has been a severe injury to a person’s limb. When you lose an arm or leg because of someone else’s negligent conduct, a personal injury claim may help you seek the compensation needed to assist you in moving forward with your life. While there are many great resources to aid amputees in rebuilding their lives following their injuries, the costs can be high—both financially and emotionally.
You might be entitled to a large financial settlement or jury verdict as the result of this major loss, and a skilled catastrophic injury attorney could analyze your case and help make a fair determination of the likelihood of achieving a successful result. To get started with your claim, reach out to a qualified Denton amputation lawyer.
An amputation is a traumatic result of an accident—one that may have left the injured party in a great deal of pain and financial hardship. A dedicated attorney in Denton will help an injured person investigate the circumstances surrounding the underlying cause of the accident that leads to an amputation, which is a key component of a successful claim for monetary damages. Limbs may be amputated in two major ways. The most common is as a part of medical treatment. While medical teams will do everything they can to save a limb, sometimes it is not possible. Amputation may be what is required to save an injured person’s life.
Amputations may also occur due to the severing of the limb in the accident. Severe accidents can rip limbs from the body or disconnect them entirely. In either case, a defendant may be responsible for the harm that occurred.
Many situations may cause injuries severe enough to lead to an amputation, including:
Discovering what caused the injury is essential to holding a defendant responsible for their actions.
A complete amputation occurs when the limb or body part is totally severed. This means that no tissues, muscles, or ligaments remain to connect it to the body. Reattachment may be possible in some circumstances, but the damage is severe in any case.
A partial amputation means that some type of soft-tissue remains to hold the limb together. This does not mean it can be reattached in every situation but rather, it is subject to a medical team’s ability and judgment. A knowledgeable lawyer in Denton could confer with a medical expert to see if they believe the medical team did everything in their power to save as much of the patient’s limb as possible
If a defendant claims the injured party was partially at fault for the accident, it could impact an injured person’s ability to recover personal injury damages. According to Texas Civil Practices and Remedies Code § 33.001, If a claimant is found to be fifty-one percent (51%) or more responsible for the underlying accident that caused their injuries, they are not permitted to recover any of their damages. However, if a claimant is found to be fifty percent (50%) or less responsible for the underlying accident, they would still be entitled to recover some of their damages for their amputation injury.
Pursuant to Texas Civil Practices and Remedies Code § 33.003, if a claimant is less than fifty-one percent (51%) responsible for their injuries, they can be awarded damages that are reduced by the percentage that a jury finds them to be at fault for the underlying accident causing the injuries. If the jury decides the injured person was thirty percent (30%) to blame, then a claimant may still be able to recover an amount equal to their total damages reduced by thirty percent (30%). A skilled attorney would work hard to mitigate any proportional responsibility that an injured party may have in these situations and prove that the defendant was liable for their damages..
Your amputation claim deserves to be considered thoroughly and carefully. A skilled attorney could help you understand your potential rights to compensation and will help you pursue any appropriate monetary damages claims.
An experienced Denton amputation lawyer is ready to work with you to recover the compensation you deserve. Reach out today.
McCraw Law Group