Pursuing Compensation After the Loss of a Limb in North Carolina

If you have experienced the loss of one or more limbs from a traumatic injury, you could be facing years of medical complications and therapy. Pursuing the compensation you need and deserve can help you receive medical treatment and move forward after an accident.

Unfortunately, amputation accidents are far more common than many of us realize, with thousands of Americans suffering amputations. Victims of amputations can pursue compensation from the at-fault party whose negligent or reckless conduct caused the accident that resulted in their amputations. Although the most common type of amputation involves a person's finger or fingers, arm, leg, and foot amputations can also occur.

If your arm, leg, toe, finger, or hand has been amputated, adjusting to your new life can be extremely difficult. You may no longer be able to walk with ease or at all. You may not be able to write, type on the computer, and engage in work-related tasks you were once able to do. You could be facing significant medical bills due to the cost of medical treatment before, during, and after the amputation.

Victims of amputation accidents lose months or even years of income-earning potential. If the amputation accident is disabling, you may not be able to return to work. Regardless of the cause or type of your amputation, it is worth speaking to an attorney. Suppose you suffered financial and emotional harm because of the accident that caused your amputation. In that case, you may be able to pursue compensation through a worker's compensation claim or personal injury lawsuit against the at-fault party.

Most personal injury lawsuits involving amputation require the plaintiff to pursue the case to prove negligence. Under the legal negligence doctrine, victims can seek compensation when a person or business owes someone else a duty of care and fails to meet that duty of care.

As a victim, you will also need to prove causation or that the asphalt party's negligence caused the accident that resulted in your amputation injuries. Finally, you will need to prove that you suffered damages from the amputation. For this reason, you must keep all of your medical and insurance documentation to prove the full extent of your injuries.

What if the accident that caused your amputation happened at work? In that case, you may be able to hold your employer liable for your injuries. Most North Carolina businesses pay workers' compensation benefits for their employees. If you have been injured while on the job, you can file a claim for workers' compensation benefits. These benefits are available whether or not you were all or partially at fault for the accident.

Workers' compensation benefits provide a portion of your income and pay for your medical expenses. It may seem obvious that you should file a claim as soon as possible if you have suffered an amputation injury at work. However, speaking to an attorney before you file a claim is wise. If your employer was at fault for the amputation injury, you may benefit from pursuing a personal injury lawsuit for damages. If you accept compensation through a worker's compensation claim, you must sign a document saying you will not bring a lawsuit against your employer.

Suppose your employer failed to maintain their heavy machinery regularly. A lack of proper maintenance resulted in an accident that caused your amputation. In that case, you would have the right to pursue a personal injury lawsuit against your employer for the costs associated with the amputation. You can recover more damages through a personal injury lawsuit than by filing a workers’ compensation claim. For example, you can recover compensation for your pain and suffering and your disability and disfigurement. You can also recover compensation for the loss of consortium you have experienced.

Recovering compensation after an amputation injury can be challenging. Working with an experienced attorney will level the playing field and give you the best chance possible of recovering the full compensation you need and deserve. Contact Arnold & Smith, PLLC, to schedule a complimentary case evaluation and learn how we can fight for your rights. Our attorneys have a proven track record of recovering millions of dollars in compensation for victims, and we are prepared to fight for you.