Atlanta Amputation Injury Attorney for Loss of Limb Victims

Amputations occur far more frequently than most realize. According to the Amputee Coalition, approximately 185,000 Americans suffer amputations on an annual basis. At any given time, 2 million Americans are living with amputation of a limb. These types of injuries can be difficult to recover from, and almost always have a profound and lasting impact. For many, amputation marks a significant turning point in their lives.

If you believe that the actions or inactions of another person caused your loss of limb injuries, you may have legal options to compel others to compensate you monetarily. Whether you have sustained a loss of limb injury in an auto accident, a commercial truck accident, or any other type of accident, you should know that legal recourse is available to you. In the event of a catastrophic accident, victims need to explore all of their available legal options.

Victims of catastrophic accidents should not attempt to navigate these types of complex personal injury claims processes all on their own. To get the high-quality legal guidance pivotal to prevailing in these types of claims, it is crucial to consult with a highly experienced Atlanta loss of limb injury attorney. Top-rated loss of limb injury and amputation lawyer Stephen D. Apolinsky can investigate the specific facts of your case to ascertain exactly what legal action must be taken to secure the compensation you deserve.

Amputation survivors may be able to obtain several types of compensation. For those suffering from a loss of limb injury, these cases often focus on the long-term effects as well as the individual’s ability to continue working and lead an independent life. Your Atlanta loss of limb and amputation injury attorney will work with you to fight for compensation for the full value of your losses, including financial recovery for:

• Current medical bills.
• Future medical costs.
• Any in-home care that may be required.
• Physical rehabilitation.
• Required medical equipment and devices.
• Long-term disability.
• Lost wages.
• Loss of future earning potential.
• Mental anguish.
• Loss of lifestyle enjoyment.

Survivors of limb loss should look for a Georgia personal injury lawyer who recognizes the special considerations that come along with loss of limb injury cases.

As with other types of catastrophic injury claims, loss of limb injury cases come with unique challenges. It does not take much damage at all for a loss of limb injury to become catastrophic. This can lead to significant loss of bodily functions, mental anguish, and immense pain and suffering. All of these types of extremely severe injuries can require lifelong treatment.

Loss of limb injury victims must be fully compensated to account for these future needs. Unfortunately, in far too many cases, loss of limb victims are offered far less compensation than they require, or are unaware of the limitations placed on filing a claim.

Due to the seriousness of loss of limb injuries and the significant impact they can have on a victim and their family, it is important not to delay reaching out to an attorney. The statute of limitations on most personal injury, wrongful death, and medical malpractice claims in Georgia is just two years from the date of injury. That may sound like plenty of time, but many underestimate the amount of resources required to launch a thorough investigation of the facts of the case and the full extent of your damages.

Traumatic amputations – those that result in the sudden loss of arm, leg, finger, or toe as a result of a sudden accident or injury – have numerous possible causes. According to Johns Hopkins Medicine, the primary cause of most traumatic amputations are:

• Motor vehicle accidents.
• Occupational or industrial accidents.
• Combat injuries.

These are incidents wherein a body part is cut off or torn away in a severe accident, or so badly damaged that it cannot be saved and must be removed through surgery. (Infection of damaged tissue can risk a person’s life unless it is removed.)

The mere fact of a severe injury does not alone entitle one to compensation in an amputation injury civil case. Rather, it is whether we can establish liability (the legal responsibility of another party to pay), damages (the extent of your financial losses and other adverse impacts), and which of those legally responsible parties have the ability to pay.

It may do little good to pour time and energy into a claim against an indigent person with no insurance. We might still have to prove their negligence (failure to use reasonable care when they had a legal responsibility to do so), but we may be looking for others to pay. For example, an uninsured person negligent in driving a car causes a crash that results in your amputation. You may not be able to collect from them, but if you establish their liability, your own uninsured/underinsured motorist (UM/UIM) carrier may be compelled to pay. Legal claims against their parties may also be filed on the basis of legal theories such as:

• Premises liability (land owner responsibility).
• Product liability (product maker responsibility).
• Medical malpractice (responsibility of healthcare providers to abide the applicable standard of care for their profession).
• Vicarious liability (responsibility of employers, parents, car owners, and others for the negligent acts of those over whom they have control).

The exact legal strategy to pursue will depend on the individual circumstances of your case, the evidence we have to present, and the severity of your injury. Evidence of how limb loss has impacted your daily life will be central to a determination of how much you are owed, in the event liability is established.

If your amputation was the result of a work injury that occurred in Georgia, you may still have grounds for a civil claim against a third party for negligence. However, claims directly against your employer will be limited to workers’ compensation, per the exclusive remedy provision of Georgia Workers’ Compensation Law. If your employer has been covering your medical bills and a portion of your lost wages, they may assert subrogation rights to any successful third-party claims you file. (In other words, you can’t double dip on damages. However, it is still worthwhile to pursue third-party claims, if applicable – especially for injuries as serious as amputation – because you cannot collect on things like pain and suffering or loss of consortium in a workers’ compensation claim.)

In simple terms, the statute of limitations means the amount of time you have from when the act causing the loss of limb occurs until you must file a lawsuit.  Remember, your case does not have to conclude by the end of the statute, it just has to be filed before.

Under GA Code § 9-3-33, the statute of limitations holds that injured parties in Georgia have just two years to bring personal injury claims forward. After those two years, a court will dismiss your claim.

Victims of loss of limb/amputation injuries should always consult with an experienced personal injury attorney due to the many complexities of their individual case. In cases where victims are dealing with insurance companies, it is especially important to retain legal counsel, who will be able to deal with insurance companies who engage in stalling techniques to run out the clock in order to avoid having to pay you anything. Contact a dedicated and knowledgeable personal injury lawyer to evaluate your case and fight for your compensation.