Amputation victims face a range of unique medical needs that require specialized care and support. In the aftermath of the loss of a limb, victims may end up requiring lifelong pain management, prosthetic fitting and training, and physical therapy and rehabilitation. All of this takes funds that you may not have, especially if you’re out of work after an accident.
Far too many amputations are caused by preventable acts of negligence, whether that is a car accident that never should have happened or a medical mistake. If your amputation was caused by a negligent act, Philadelphia Injury Lawyers P.C. can help you recover your damages so you can cover your bills.
Our Philadelphia amputation lawyers are ready to fight for your compensation after a life-changing injury. Call us now or fill out our online contact form to book your free consultation.
How Negligence Leads to Amputation Injury Lawsuits in Philadelphia
As Philadelphia personal injury lawyers, we have to prove for a successful amputation injury claim is negligence on the part of one or more other parties. How do negligent acts lead to amputations? Some of the preventable ways amputations can happen include:
- Motorcycle accidents
- Truck accidents
- Hit and run accidents
- Workplace accidents
- Construction accidents
- Dog attacks
There are many cases where a person has to undergo amputations due to vascular trauma during surgery or development of infection after surgery. In other cases a limb will be amputated due to an act of violence. Any of these incidents can result from negligence.
Can You Sue for a Wrongful Amputation in Philadelphia?
Yes, you can sue for a wrongful amputation in Philadelphia if the amputation was the result of medical malpractice or negligence. Amputation malpractice is a devastating event that can have life-altering consequences for the victim, and it may result in a valid legal claim for compensation.
Wrongful amputations can occur due to various forms of medical negligence, such as:
- Misdiagnosis of a condition that leads to unnecessary amputation
- Surgical mistakes, like removing the incorrect limb or performing an unnecessary amputation
- Improper management of post-operative care, leading to complications that require amputation
- Failure to get informed consent before performing an amputation
Filing a claim for amputation malpractice holds negligent medical practitioners accountable, and it also forces medical facilities and doctors to do better in the future. By holding negligent providers accountable, you can get just compensation and protect others from also becoming victims of medical malpractice.
What You Need to Prove a Wrongful Amputation Claim
To succeed in a wrongful amputation lawsuit, you must be able to prove that:
- A doctor-patient relationship existed between you and the medical professional who performed the amputation
- The medical professional failed to meet the expected standard of care of another reasonable professional in their field
- Not meeting the standard of care directly caused your wrongful amputation
- You suffered damages as a result of the wrongful amputation, such as medical expenses, lost wages, and loss of quality of life
Proving medical malpractice in a wrongful amputation case can be complex and often requires the testimony of expert witnesses who can establish the appropriate standard of care and how the defendant departed from that standard.
How a Philadelphia Injury Lawyer Can Help Victims of Amputations
A Philadelphia injury lawyer can provide crucial assistance and support to victims of amputations, assisting them in navigating the intricate legal process and obtaining the compensation they rightfully deserve. Here are some key ways an experienced amputation injury attorney can help:
Investigate the Cause of the Amputation
Your attorney will do a thorough investigation into the situations surrounding your amputation to determine whether it was caused by the negligence or wrongful conduct of another party.
Identify All Liable Parties
If your amputation was caused by negligence, your attorney will work to identify all parties who may be liable for your injuries, such as doctors, hospitals, nursing homes, or corporations. By identifying all liable parties, we make sure we don’t leave any compensation on the table.
Gather Evidence
Your lawyer will collect and preserve evidence to support your claim, including medical records, witness statements, expert testimony, and documentation of your damages. This is an important step in proving liability and the value of your damages.
Assess the Full Extent of Your Damages
An amputation injury attorney in Philadelphia will work with medical experts, life care planners, and economic experts to assess the full extent of your damages, including loss of earning capacity, emotional distress, and loss of quality of life.
Handle Communication With Insurance Companies
The insurance company of the responsible party may seek to diminish the value of your claim or reject it entirely. Your lawyer will collaborate with insurance companies on your behalf, defending your rights and making sure that you do not say anything that could jeopardize your claim.
Negotiate a Settlement
Your attorney will negotiate aggressively with the liable parties and their insurance companies to attain a fair settlement that indemnifies you for all of your damages.
Represent You in Court
We aren’t afraid to take the at-fault party and their insurance company to court. If we can’t reach a fair settlement, your lawyer will be ready to present your case at trial and present a compelling argument to a judge and jury on your behalf.
Provide Emotional Support and Guidance
Losing a limb is a traumatic experience that can take a significant emotional toll. Your attorney can provide compassionate support and guidance throughout the legal process, helping you access the resources and services you need to cope with the aftermath of your amputation.
Maximize Your Recovery
An experienced amputation injury attorney will have a deep understanding of the long-term costs and challenges associated with amputations and will fight tirelessly to secure the highest possible compensation available for your claim.
With strong legal representation, victims can hold negligent parties accountable and obtain the resources they need to rebuild their lives and face the unique challenges posed by their amputation.
The Time Limit to File a Claim in Pennsylvania After an Amputation
In Philadelphia, and throughout Pennsylvania, there is a two-year statute of limitations for a personal injury or medical malpractice lawsuit. You have two years from the injury or from the date when you discovered (or reasonably should have discovered) the link between your injury and negligence to file a claim.
If you believe that you or a loved one has been the victim of a traumatic or wrongful amputation in Philadelphia due to negligence, it is crucial to consult with an experienced medical malpractice attorney as soon as possible. We can help you understand your legal rights, gather evidence to support your claim, and fight for the compensation you deserve for your injuries and losses.
What Does a Philadelphia Amputation Attorney Charge?
Our amputation injury attorneys in Philadelphia work on contingency. This means that the attorney does not charge any upfront fees for their services. Instead, we agree to represent you and work on your case in exchange for a percentage of what we secure on your behalf.
The advantages of a contingency fee arrangement for amputation injury victims include:
- No upfront costs: You do not have to pay any legal fees out of pocket to hire an attorney and begin your case.
- No fees if no recovery: If your attorney does not secure a settlement or win a verdict in your favor, you do not owe them attorney fees.
- Alignment of interests: Your attorney has a strong incentive to work diligently on your case and maximize your recovery, as their fee is directly tied to the outcome.
Get a Free Consultation With an Amputation Lawyer in Philadelphia
If you suffered the loss of a limb, hand, arm, or foot and would like to know if you can be entitled to a liability claim or workers’ compensation claim, consult a Philadelphia amputation lawyer. By working with a Philadelphia injury lawyer, amputation victims can focus on their physical and emotional recovery while their attorney handles their legal case.
When an amputation could have and should have been prevented, victims have rights in Pennsylvania. Schedule your free consultation with Philadelphia Injury Lawyers P.C. to learn more about how we can protect your right to compensation. Call us now or reach out to us through our online contact form.
