Asheville Amputation Injury Lawyer

Asheville Amputation Injury Attorney

Losing a limb is one of the most serious and life-altering injuries a person can sustain. These injuries can happen for a variety of reasons, including car accidents, work injuries, medical errors, and faulty products. No matter the cause, an amputation causes severe life changes. When an amputation is caused by another party, the injured party can seek compensation with an Asheville amputation injury lawyer.

About The Sumwalt Group Workers’ Comp and Trial Lawyers

At The Sumwalt Group Workers’ Comp and Trial Lawyers, we know how devastating amputation injuries can be. For more than 45 years combined, our lawyers have been advocating for clients throughout North Carolina and South Carolina, helping them obtain the resources they need to move forward after catastrophic injuries.

Vernon Sumwalt has tried more than 300 workers’ compensation hearings, and Christa Sumwalt has tried more than 125 jury trials. Our team of legal professionals uses our extensive experience and client-centered approach to represent you at every step with compassion and focus.

Understanding Amputation Injuries

Amputation results when a limb is removed surgically due to extensive damage or trauma. The limb could also be lost at the time of the accident. These injuries are life-altering due to the physical, emotional, psychological, and financial burdens that can result.

The healing journey after an amputation lasts for months or years through rehabilitation and physical therapy. Accident victims can use prosthetics to achieve independent mobility. Amputation survivors often struggle with mental health issues, such as anxiety and depression, while facing difficulties in resuming work or maintaining their previous standard of living.

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Common Causes of Amputations

Amputations can occur for several reasons. From 2015 to 2021, OSHA reported 18,559 amputation reports. 5,049 amputations needed inpatient hospitalization. 55.2% of reports of amputations from workplace accidents came from manufacturing. Some of the most common causes of amputations include:

• Accidents in the workplace: Workplace accidents are one of the most common causes of amputations. High-risk industries, such as construction and factory worker injury cases often result in severe trauma requiring surgical amputation.
• Motor vehicle accidents: Serious accidents can cause amputations, especially when one vehicle collides with another vehicle, such as a car crashing into a truck or a motorcycle hitting an SUV.
• Medical malpractice: In some cases, a trusted medical professional may not operate within their proper standard of care. Errors can occur, requiring amputations. Examples of this include surgical errors, misdiagnosis, and untreated infections.
• Defective products: A manufacturer can be held responsible if a defective or faulty product led to the need for an amputation.

Compensation Available in Amputation Injury Cases

Amputations carry a high value due to the nature of the injury and its long-lasting effects. When a person suffers an amputation because of someone else’s negligence, they may be entitled to compensation through a legal claim. Common damages in a case include:

• Medical expenses: Amputations require a lot of medical care, including surgeries, follow-up appointments, and medication. They can also necessitate physical therapy, rehabilitation measures, and other related hospital visits. This can become costly.
• Equipment: The costs of prosthetics and any other forms of equipment needed to help adapt to the amputation can be included in a claim.
• Lost wages: In many cases, an amputation can limit or completely hinder a person’s ability to work the way they did before. You can file a claim for lost wages if the amputation caused you to miss time from work. Your claim can also cover loss of future earning potential if the injury hinders your ability to work going forward.
• Pain and suffering: This covers the mental and emotional distress as well as the physical pain you suffered because of the amputation.
• Home modifications: In some instances, a person may be required to modify their home so they can move around safely and effectively, such as implementing wheelchair ramps, purchasing accessible vehicles, or moving cabinets so they are more reachable. These expenses can be added to a legal claim.

While rare, in cases of extremely negligent behavior, punitive damages may be awarded to punish the wrongdoer. An example of this would be if your amputation was caused by a catastrophic car accident, wherein the liable driver drove while excessively drunk.

FAQs

What Causes Most Workplace Amputation Injuries?

Workplace amputation injuries can result from accidents caused by a variety of machines and tools. Some of the most frequent causes of amputation accidents at work are saws, presses, conveyors, forklifts, and other powered machinery. However, falling objects, vehicles, and defective products also result in amputation accidents.
Most of these workplace injuries are preventable by proper training, maintenance, and safety measures, so legal action may be an option.

What Types of Compensation Can I Recover After an Amputation?

Amputation victims can recover compensation for medical bills, lost income, rehabilitation, prosthetics, and future medical care. Depending on the severity of the injury, damages may also include loss of earning capacity, home modification costs, and pain and suffering. If the injury was caused by gross negligence, you could also obtain punitive damages.

What Is My Time Limit to File an Amputation Injury Claim in Asheville, NC?

Amputation injury laws state that the statute of limitations for personal injury claims in Asheville, NC, including amputations, is generally three years from the date of the accident. In cases where the injury results in death, the family has two years to file a wrongful death claim. If you miss the deadline, you may lose your right to compensation, so it’s important to act promptly.

What Should I Do Immediately After an Amputation Injury?

Seeking emergency medical care is usually the first step you should take if you are hurt. Then, you should file a report with your employer if your accident was at work. Documenting the scene is also a good idea if you can do so. In addition, you should always keep copies of your medical records, and don’t talk to insurance adjusters until you’ve consulted an Asheville amputation injury attorney.

Hire an Amputation Injury Lawyer Today

If you or a loved one suffered an amputation due to the negligence of another person, you do not have to carry the financial burden alone. Compensation is available to you when you hire an amputation injury lawyer. Contact The Sumwalt Group Workers’ Comp and Trial Lawyers, and we can fight to recover your damages.