Amputation injuries are devastating and life-altering. They profoundly impact the victim, leaving them physically and emotionally traumatized, not to mention financially strapped. Should you find yourself in this unfortunate predicament, you need the expertise of a skilled attorney to help you understand the legal rights and defenses at your disposal.
This blog post is your comprehensive resource on successfully navigating an amputation injury lawsuit. Whether your amputation resulted from a work-related accident or medical malpractice, you will find valuable information to pursue your case effectively.
What Is an Amputation Injury Lawsuit?
Amputation injury lawsuits fall under personal injury law, specifically catastrophic injuries. A legal claim is initiated by an individual who has lost a body part in an accident due to someone else’s negligence or unlawful conduct. The injured party (plaintiff) pursues compensation to cover their hospital bills, rehabilitation costs, diminished earning capacity, pain and suffering, and other related damages.
The goal is to hold the responsible party (defendant) accountable for their actions and secure fair compensation for the victim’s losses and future needs. In this case, the plaintiff has the burden of proving their claim. They must present evidence to demonstrate that the defendant had a duty of care, breached that duty, and their negligence caused the amputation injury.
The accident could arise from a car crash, workplace incident, medical malpractice, or defective product. This proves that the at-fault person or entity failed to exercise reasonable care, thereby causing harm to the plaintiff. In a personal injury lawsuit, multiple parties may share responsibility for the amputation injury, depending on the circumstances. For example, if a car accident caused the amputation, the driver, vehicle manufacturer, or even the government entity responsible for maintaining the roads might be liable.
Such cases can be complex and challenging, as the goal is to secure compensation for the victim’s losses and hold the responsible party accountable. Hiring a knowledgeable personal injury attorney with a thorough understanding of personal injury law, specifically catastrophic injuries, is wise. They can assist you with proof documentation that favors your case, guides you through the legal process, and advocates for fair compensation.
How to Gather Evidence for Your Case
Building a strong amputation injury lawsuit requires compelling evidence to support your claims. The first thing to do is seek legal assistance from a qualified attorney specializing in amputation injury lawsuits to aid you with:
- Obtaining police or workplace injury reports that give a detailed account of how the amputation occurred.
- Documenting eyewitness testimonies or gathering relevant information about the circumstances leading to the incident.
- Enlisting expert witnesses, such as medical professionals or accident reconstruction specialists, who can provide their professional opinions and testify about the cause and impact of the amputation injury.
- Preserving any physical evidence related to the accident, such as damaged equipment or hazardous objects, as it demonstrates direct negligence or liability.
- Highlighting the impact of the amputation injury on your daily life to strengthen your compensation claim.
Working with a seasoned attorney is highly advisable as they can accurately assess the full extent of your damages. This way, you will understand how economic and non-economic damages are calculated and how much you may be entitled to. You might be compensated for present and future medical expenses, prosthetics costs, lost wages, physical therapy, home renovations to accommodate your disability, pain and suffering, etc.
Statute of Limitations in Pennsylvania
You must comply with all deadlines or requirements for filing and serving legal papers prevent your matter from being dismissed from court. Pennsylvania’s statute of limitations for pursuing an amputation injury lawsuit is two years from the date of the injury. Missing the specified time limit will result in losing your right to file a lawsuit and recover damages for your injuries.
While the two-year deadline applies to nearly all types of personal injury claims, there could be exceptions subject to the case circumstances. Finding a qualified attorney who knows the specific deadlines and requirements that may apply to your case is key.
Steps of Filing an Amputation Injury Lawsuit in Pennsylvania
Navigating the legal process can be overwhelming, especially when dealing with an amputation injury lawsuit. Filing a lawsuit involves assembling all relevant documentation, including medical records, accident reports, and witness statements. The following six steps are important:
- An attorney specializing in personal injury cases will prepare a complaint outlining the details of the injury, the responsible party, and the damages sought. They will file the document(s) with the appropriate court and pay the required filing fees.
- In discovery, both sides exchange relevant information and evidence about the case.
- Written questions are submitted to each party. Witnesses and involved parties are interviewed under oath, with their statements recorded.
- Parties engage in negotiations to reach a settlement before going to trial. Personal injury attorneys use their expertise to assess the case’s value and negotiate on the client’s behalf.
- Settlement offers and counteroffers are exchanged until an agreement is reached or further litigation is pursued.
If a mutually agreeable settlement cannot be reached, your lawyer will begin preparations to try the case in court. The plaintiff and defendant present their arguments and witnesses to a judge and/or jury and then a decision is made based on the presented evidence and applicable laws.
Contact the Talented Pennsylvania Personal Injury Lawyers at RGSG Today
Having the support of a knowledgeable and reliable attorney can increase your chance of a better outcome in your pursuit of justice. Our team of skilled personal injury lawyers at Rubin, Glickman, Steinberg & Gifford, P.C., have a proven track record of successfully handling amputation injury cases. We understand the intricacies of the legal system and are dedicated to fighting for your rights and securing fair compensation.
You do not have to navigate the legal process alone. A compassionate attorney is ready to listen and provide you with personalized attention and zealous advocacy. Call the law firm at (215) 822-7575 or fill out our contact form to discuss your case.