Facing the loss of a limb is a life-altering experience that comes with profound physical, emotional, and financial implications. When such an unfortunate event occurs due to personal injury, understanding the average settlement for loss of a limb becomes crucial.
In this blog post, McCoy and Sparks Personal Injury Attorneys delve into the definition of an amputation, its causes, risks, and the potential for compensation after you lose a limb.
What is an Amputation?
Amputation, or limb loss, is the removal of a body part or extremity. This limb loss can include anything from a finger, toe, hand, foot, arm, or leg. You can experience limb loss in one of two ways:
Surgical Amputations are performed by a physician when disease or infection affects a part of the body to the point where it puts a patient’s life at risk. This can be due to illnesses such as cancer, diabetes, or birth injuries. Surgical amputations may also be due to an injury or condition that cuts off blood flow to the affected body part, like a crushing injury or frostbite.
Traumatic Amputations occur when a limb is lost in a severe incident, like a car crash, truck wreck, explosion, or construction accident. A limb or extremity can be crushed, sheared off, or injured so severely it cannot be saved. Johns Hopkins reports traumatic amputations are responsible for 45% of all limb loss injuries.
Is it Possible to Reattach a Limb?
The possibility of reattaching a limb depends on the nature of the injury, the condition of the severed limb, the promptness of medical intervention, and the skill of the medical providers. While not always feasible, advances in medical technology have increased the chances of successful limb reattachment. Seeking immediate medical attention is crucial in such cases.
What Are the Complications of Amputations?
A patient who loses a limb is at risk of a variety of dangerous health complications that can last long after the accident and injury. Some of these complications and conditions can be life-threatening.
Complications from amputation injuries may include:
- Post-operative infections can occur at the injury site after surgery. Infection can lead to pain, delayed healing, and problems with prosthetic limbs.
- Edema is when fluid builds up in the tissues and causes swelling. This can lead to wound breakdown, pain, and issues with fitting prosthetics.
- Tissue necrosis is when tissues at the site of the injury begin to die, necessitating more surgery.
- Chronic pain is an unavoidable consequence of a catastrophic injury. Patients can experience residual limb pain, phantom limb pain, and pain at the site of the injury.
Any time a patient has to re-enter the hospital for more surgery or wound treatment following an amputation injury, they are also putting themselves at risk for things like hospital-acquired infections or even medical malpractice.
Understanding the Average Settlement for Loss of Limb
At McCoy and Sparks, our personal injury attorneys recognize the challenges individuals and their families face after a traumatic amputation, such as how much compensation for losing a leg? While every case is unique, several common factors typically determine the average settlement for losing a limb.
- Medical Expenses: The cost of medical treatment, prosthetics, rehabilitation, and ongoing healthcare needs significantly influences the settlement amount. McCoy and Sparks specialize in evaluating the full extent of medical expenses associated with limb loss.
- Lost Income and Future Earning Capacity: Individuals who lose a limb often experience challenges returning to work. Settlements account for lost income and potential future earning capacity, considering the impact on one’s ability to pursue their occupation.
- Pain and Suffering: Compensation for physical and emotional pain and the overall impact on the individual’s quality of life is a critical component of limb loss settlements.
- Rehabilitation and Therapy: The costs associated with rehabilitation, physical therapy, and mental health support play a significant role in determining a fair settlement amount.
- Liability and Negligence: Establishing liability is a critical factor in limb loss cases. The settlement may be higher if the loss results from someone else’s negligence or intentional actions.
What Expenses Can I Include in My Claim?
In an accident unrelated to your occupation, a personal injury claim for compensation would have to show that someone else’s negligence caused the accident that led to the loss of your limb.
Employees who undergo amputation as a result of a workplace injury are eligible not only for standard workers’ compensation benefits, covering medical expenses, rehabilitation, out-of-pocket costs, and wage loss compensation, but also for specific loss benefits. These specific loss benefits may include a lump sum payment determined by the body part that underwent amputation.
Trust McCoy & Sparks—Premier Personal Injury Attorneys in Central Kentucky
If you’ve lost a limb in a car, truck, or motorcycle accident and need assistance with your claim, our Kentucky car accident lawyers are here to help. We can offer you guidance on the average settlement for loss of limb and help you understand your options, as well as handle negotiations with the insurance companies involved to ensure you are fully and fairly compensated for your damages.
Recognized as one of Central Kentucky’s best law firms, McCoy & Sparks represents thousands of clients in Central Kentucky. You owe us nothing unless we win your case. Call us at (844) 4KY-WINS for a risk-free consultation with one of our loss of limb attorneys today.