Suppose you or a loved one has suffered an amputation injury due to someone else’s negligence or recklessness. In that case, it’s important to seek legal representation from an experienced San Jose amputation injury attorney. Caputo & Van Der Walde LLP understands how these catastrophic injuries can turn your life upside down and will fight to get you the compensation you deserve while you stay focused on getting your life back on track.
Our firm has decades of experience helping personal injury victims in the greater San Jose area. We offer a free consultation for victims and their loved ones where we can discuss the specifics of the accident, the nature of the injuries suffered, and give direct, in-depth advice on how to move forward with a legal case.
Read more below about amputation injuries, and contact Caputo & Van Der Walde LLP as soon as possible to request your free consultation with a personal injury lawyer in San Jose.
Understanding Amputation Injuries
An amputation injury is when the victim loses a body part, such as a limb, finger, or toe. These injuries can happen in a variety of ways, including traumatic accidents or surgical procedures. In some cases, medical staff may need to surgically remove a body part after an accident.
Both the physical and emotional impacts of an amputation can be life-changing, to say the least. A victim will deal with intense pain and suffering, loss of mobility and independence, phantom limb pain, and emotional pain like depression, anxiety, or post-traumatic stress disorder.
Causes of Amputation Injuries
As mentioned above, there are various ways that someone may suffer an amputation injury; however, the following are some of the most common:
A traumatic amputation is when a body part is severed due to an impact or trauma. They also can occur when the body part is damaged so severely that the medical provider has no other viable option but to remove the injured body part.
Heavy machinery and equipment are hazardous when it comes to amputation injuries, and their operators need to be extremely careful when operating them. Improper maintenance or poor safety protocols can lead to very serious workplace accidents.
Motor Vehicle Accidents
Motor vehicle accidents are another common cause of these injuries, such as a person losing their leg after being hit by a car, during a commercial truck accident, or having an arm crushed between two pieces of metal.
Fireworks and pressurized gas explosions can cause amputations, as can any other type of explosive. Other burn injuries can also lead to amputation injuries.
Tractors, combines, balers and other farming equipment have many moving parts designed to pull material into the machine. Getting caught on one of these pieces can lead to a serious accident and possible loss of body parts.
Construction Site Accidents
Construction site accidents can lead to amputations due to the hazardous nature of the work environment and the potential for severe injuries. Construction sites often involve the use of heavy machinery, power tools, and equipment with moving parts. If these machines are not properly maintained or operated, they can cause severe crushing, shearing, or cutting injuries that may necessitate amputation. Sometimes, construction workers can get caught in or between heavy machinery, equipment, or structural components. Limbs may become trapped or crushed, leading to severe damage that may require amputation.
The Impact of Amputation Injuries
Losing a body part is a significant obstacle for anyone to overcome. Victims will suffer both physical and emotional issues, and their family and friends will suffer as well. Some of the most common injuries include:
The initial amputation injury is very painful and traumatic. Victims also report suffering from phantom limb pain, where they feel the sensation of the missing limb, which is often painful or uncomfortable.
Losing a limb can severely limit a victim’s ability to perform daily activities, and depending on the type of injury, they may struggle to walk, drive, cook, or even dress.
An amputation injury can understandably lead to significant emotional trauma such as depression, anxiety, and post-traumatic stress disorder, each of which can last years, or decades, and require the support of a mental health professional.
The cost of treating an amputation injury can be very high, as are the costs of prosthetic devices. In addition, the victim’s loss of earning capacity, lost wages, and all other income-related impacts will have a significant impact on the individual and their family.
Depending on the type of work and the nature of the injury, an amputation injury victim may have difficulty continuing to work in their profession. Lost income is a significant factor, as is the cost of education to learn a new trade or the lifetime impact of a permanent disability that bars the victim from working at all.
The Importance of Working With an Amputation Lawyer in San Jose
After an amputation injury, a victim and their loved ones may be overwhelmed by their legal rights and options. A San Jose amputation lawyer can help a victim understand their legal rights, provide advice on the best course of action to take, and then represent the victim and their family throughout the proceedings.
The legal team at Caputo & Van Der Walde LLP is passionate about helping injury victims and their families recover the compensation they deserve for their suffering. The following are just a few examples of the many benefits that victims have when working with an experienced attorney:
An amputation injury lawyer will provide you with legal representation and guidance, acting as an intermediary between you and the at-fault party and his insurance company while you stay focused on your recovery in the aftermath of a tortuous injury.
Your lawyer will use their experience to calculate your damages, such as medical bills, lost wages, pain and suffering, and other expenses related to your accident and the resulting amputation injury.
Insurance companies and defense attorneys work to leverage the law to their advantage, which is particularly effective when the plaintiff is not a practicing professional. Thankfully, your amputation lawyers will have extensive knowledge of the relevant laws and regulations, experience with amputation injuries, and how to quantify these injuries under the law.
Attention to Detail
Your amputation injury attorney will be able to launch an exhaustive investigation to gather evidence that supports your claim and proves that the damages you request are rightfully due. They will interview witnesses, compile documentation, work with experts, and build a strong case on your behalf.
Even if the cause of the crash is abundantly clear and the at-fault party is clearly liable, the insurers or defense attorneys will push back aggressively on the amount you request in the settlement. Your lawyer will have years of negotiation experience and will use their skills to fight to get you the money you deserve.