Which North Carolina Laws Deal with Amputation Cases?
Have you experienced an amputation from a traumatic injury? If so, you might be entitled to compensation under North Carolina personal injury law. Every year, thousands of Americans suffer amputations from traumatic injuries caused by someone else's negligent or reckless conduct. The majority of amputations involve a partial hand amputation that includes at least one finger. Arm amputations are the second most common type of amputation.Our Charlotte Amputation Lawyers Can Help
Living without an arm, leg, hand, foot, toes, and fingers can make your life extremely challenging. Additionally, the costs of amputation and all of the required rehabilitation can be extremely high. Many of our clients who suffer amputations lose significant time at work or lose their jobs altogether.
If you have suffered financial and emotional damage due to your amputation, you may have a right to compensation. Contact the experienced lawyers at Arnold & Smith, PLLC today to schedule your case evaluation as soon as possible.Bringing a Personal Injury Lawsuit Under a Negligence Theory
Most Charlotte personal injury lawsuits rely on the legal theory of negligence. Under the legal doctrine of negligence, when an individual owes someone else a duty of care, fails to meet that duty of care, and causes an injury, they can be financially responsible for the injury. For example, if a driver who was negligently texting while driving causes an accident that results in another person's amputation, the negligent driver may be found to be responsible for the injury.
Or, if your employer failed to maintain their heavy machinery and a workplace accident resulted in your amputation, you can hold your employer liable for the costs associated with your amputation. To succeed in a negligence cause of action, you will need to prove the following elements:
- The defendant owed you a duty of reasonable care
- The defendant breached that duty of care by his or her actions or inaction
- The breach of duty caused your amputation
- You suffered actual injury as a result of the accident
North Carolina is one of only a few states that still uphold the legal doctrine of contributory negligence. Plaintiffs are not able to recover any compensation when they are even the smallest part at fault for their injuries. For example, if your employer failed to maintain the machine that caused your amputation, but you were not following the directions when using the machine, you will not be able to recover at all.
When the plaintiff is at fault, even to a very small degree, the court will bar him or her from recovering any amount of damages. The defendant has the burden of proving that the plaintiff was at fault for his or her injuries. The contributory negligence rule is severe and has barred many deserving people from recovering compensation for their amputation and resulting damages.
Hiring an experienced lawyer is extremely important in personal injury cases. You will need to prove that you were not at fault in your accident. At Arnold & Smith, PLLC, we have decades of experience bringing personal injury lawsuits in North Carolina. We have an in-depth understanding of contributory negligence and how to pursue successful personal injury cases.Product Liability Lawsuits Involving Amputation
If you suffered an amputation, you may need to bring a lawsuit claim under North Carolina's product liability laws. In a product liability lawsuit, the plaintiff will argue that a defective product caused the accident resulting in his or her amputation. Plaintiffs will need to prove one or more of the following:
- The product that caused the amputation had a manufacturing or design defect.
- The product was designed in an unreasonable way that created a significant risk of harm to consumers.
- The manufacturer did not give proper instructions on how to use the product. For example, if a manufacturer of a dangerous piece of machinery fails to provide safety warnings, the manufacturer could be liable for the amputation.
Proving product liability lawsuits is not always easy. Defendants will try to argue that even if their product was defective, the plaintiff was also negligent. If defendants succeed in arguing the doctrine of contributory negligence, the plaintiff will not be able to recover.Contact Us Today
At Arnold & Smith, PLLC, we can help you bring your lawsuit in a compelling and clear way. We will conduct a thorough investigation of the traumatic accident that caused your amputation. Contact our Charlotte law firm as soon as possible to schedule your initial consultation.