New York Amputation Frequently Asked Questions
- What Is an Amputation?
- Is There a Difference between Amputation and Dismemberment?
- How Common Are Amputations?
- What Types of Accidents Commonly Cause an Amputation?
- How Do I Choose an New York Amputation Lawyer?
- How Much Is an Amputation Case Worth in New York?
- What Are My Legal Options after an Amputation?
- Who Can Be Held Responsible for My Injuries?
- What Kind of Compensation Can I Receive?
- Can I Sue for an Amputation after a Car Crash?
- Can I Sue If a Product Caused the Amputation?
- Can I Sue If I Lost My Limb Due to an Infection?
- What Kind of Evidence Do I Need to Provide to My Lawyer?
In the case of a traumatic amputation, the injury can be life-threatening. This can include a full amputation or a partial, where some soft tissue remains.
Technically, an amputation is done by a surgeon and a dismemberment occurs because of a serious accident.
Statistics report that there are approximately 185,000 amputations performed annually. Over ½ of these are caused by diabetes, 45% are from traumatic accidents, and 2% are from cancer.
- Auto accidents;
- Construction accidents;
- Defective products;
- Industrial accidents;
- Motorcycle accidents;
- Explosions; and
The most important thing to do is to determine whether your lawyer is experienced with personal injury cases. They will need to analyze evidence, possibly hire experts, negotiate as necessary and possibly take your case to trial.
There is no clear-cut answer to this as it will depend on several factors unique to your accident. It will depend on the severity of your injury, your prognosis for the future, your loss of income and the degree of your pain and suffering.
If you have suffered from an amputation, you could be contending with emotional and physical pain, sky-high medical costs, depression, lost wages and more. If your injury was caused by the negligence of another, you could have the right to compensation.
This will depend on the circumstances of your accident. It is important to speak to a lawyer to sort this out. If, for instance, your amputation occurred as the result of a truck accident, the truck driver can be held responsible as well as the trucking company. If there was machinery involved in the accident, the manufacturer of the machinery can be held liable.
The compensation you receive will depend on the circumstances of your accident. They can include medical costs (doctor’s visits, emergency room visits, surgery, medications, etc.), pain and suffering, loss of quality of life and more.
Generally, you can sue for an amputation injury if the limb was lost during the accident; and the accident was caused by a negligent driver.
You would be able to sue a company if their product caused the amputation, or it was injured so badly that it needed to be amputated later. This is provided if, the product is deemed inherently dangerous, was faulty in design or manufacturing, or was sold without warnings or instructions.
If a limb or joint was injured and became infected causing an amputation, you have the right to sue the negligent party that caused your injury.
If your amputation was due to a car accident, for instance, you should gather the police report, all your medical documents and any photos you have of the accident scene. Any paperwork you have relating to the accident may be useful to your lawyer and should be included. Also, be sure to include any correspondence you have received from an insurance company.