Injuries Resulting In Amputations Leave Amputees Facing Lifetime Care

Suffering an injury that results in an amputation can cause catastrophic physical, mental, and emotional pain to an injured person. Persons who have to have one or more limbs or digits removed can face the issue of paying for medical expenses after an injury, for rehabilitation, surgery, the fitting of one or more prosthetic devices, and the replacement of devices over one’s lifespan.

A person who has suffered an injury resulting in an amputation may be entitled to significant compensation, depending on the nature and circumstances of the injury. A person who has suffered an injury requiring amputation while working may be entitled to workers’ compensation benefits. If a third party—a negligent person or business--caused the injury, the amputee may also bring a negligence action against the at-fault person or business in court.

Juries in the United States have made generous damage awards in cases involving amputation-related injuries, pain, and suffering.

In 2017, an Illinois jury awarded $85 million to a truck driver whose legs were crushed by bundles of steel tubes. In an amputation case, a jury may calculate an award by considering various categories of damages. In the steel tubing case, for example, the jury awarded the plaintiff $10 million for the disfigurement of his body, $22 million for the loss of a normal life, $23 million for the plaintiff’s pain and suffering, $15 million for emotional distress, $12,703,690 in necessary medical care, $773,774 in lost earnings and benefits, and $12 million in damages to the plaintiff’s wife, for the damage to the ability of the plaintiff to carry on a normal relationship with her.

Such a large award of damages is rare, and the steel tubing award set a record in Illinois. The case does illustrate, however, how juries can and will consider various categories of damages when calculating a damage award. It is helpful, in a case, to prepare to present a case with sufficient evidence proving a plaintiff’s entitlement to damages in as many damage categories as possible.

A 19-year-old Philadelphia man who accidentally amputated one of his fingers with a table saw at work filed a lawsuit against the owner of the table saw and the maker of the device and, following litigation of the claim, received $2 million in a damage settlement. According to documents filed in the case, a “kickback accident” pushed the man’s hand into the spinning blade while he was cutting on a hardwood floor.

The man alleged in the suit that a safety guard had been affixed to the saw to prevent kickback injuries. However, someone had removed the guard before the incident. The plaintiff alleged that the maker of the device should have used “flesh detection” technology to warn of an impending incident.

A California jury awarded a motorcyclist $615,000 after a crash led to the loss of a portion of the rider’s foot. In the case, the at-fault driver conceded that she was responsible for the crash, however she disputed the amount of compensation the motorcyclist sought.

Attorneys for the motorcyclist asked the jury to award the man $13.6 million, however, the at-fault driver presented evidence that the motorcyclist continued to ride his motorcycle and took vacations to Florida.

The California case illustrates how, even when an at-fault driver admits liability, a jury can still be asked—after the presentation of evidence by the parties—to decide the proper amount of damages due to an injured person.

Persons who have suffered an injury leading to an amputation may face lifelong physical, emotional, and financial difficulties. In addition to bills for past, current, and future medical treatment, an amputation can affect a person’s ability to earn income. It is important in a case involving an amputation to seek all of the available damages necessary to compensate an injured person for the financial expenses and losses caused by amputation.

If you or a loved one has suffered an injury leading to an amputation, and the injury occurred on the job or as the result of a person’s or business’s negligence, our legal team can help. Contact our law firm, Arnold & Smith, PLLC, today to schedule a case evaluation with one of our skilled amputation attorneys. Call us at 704.370.2828 or fill out our contact form online. With offices in Charlotte, Lake Norman, and Union County, Arnold & Smith, PLLC handles injury cases throughout the entire State of North Carolina.