Dallas Amputation Lawyer
A Crain Brogdon Rogers (CBR) Amputation Injury Lawyer Can Help You
Amputations Change Lives
Injuries are traumatic. However none is more so than losing a part of your body due to an amputation accident. It is literally losing a piece of oneself and, after the incident occurs, life will never be the same. The impact of an amputation is both physically and emotionally debilitating.
When your amputation injury was caused by the negligent actions or inactions of another individual or organization, the reality can be even more difficult to comprehend — your entire situation likely could have been avoided.
The impact of amputations, both immediate, in the short term, and over the course of one’s life, are considerable.
The combination of medical bills, rehabilitation, long-term care, and lost earnings, combined with the emotional toll accidents like this cause, is expensive.
Costs for an amputation injury are, in a word, astronomical – encompassing over half a million dollars, on average, in medical bills alone. Add in rehabilitation, therapy, short- and long-term care, and loss of earnings, and it is easy to see how your life and that of your family can be financially devastated.
The future for which you planned now looks much different. You may have to relearn even the most basic tasks, and your ability to work in the same capacity as before the accident may be compromised.
If you have lost a body party as a result of an amputation injury due to the negligence of someone else, you may be entitled to compensation for your physical and emotional losses. However, obtaining it can be a challenge. Contact an amputation attorney in Dallas at CBR right away at 214-522-9404 and learn how we can help you get the compensation you need and deserve.
What Causes Amputation Injuries?
Amputation injuries are more common than you may think. In fact, well over 100,000 happen each year in the United States alone. A broad range of incidents results in amputation injuries. Unfortunately, many of these could have been avoided by simply observing basic standards of care and behaving responsibly. Below we discuss some of the incidents that most often result in the loss of a body part.
Catastrophic Traffic Accidents
Vehicular incidents are one of the leading causes of amputation injuries. Dallas is home to a lot of traffic. It’s not surprising that so many accidents occur each year. While sometimes it is the initial impact of a crash that causes the loss of a limb, many amputations are the result of severe damage that simply could not be repaired, requiring surgical amputation at a later date.
- Car Accidents: Automobile accidents in Dallas are commonplace. Quite often, they are the result of the negligent behavior of a driver. Causes of car accidents include, but are not limited to, distracted driving, speeding, texting while driving, driving under the influence of drugs or alcohol, and even driving recklessly. These negligent behaviors can cause a collision which could result in an amputation, either immediate or later due to irreparable damage to the body part. If you are suffering from an amputation that was caused by the negligent actions or inactions of another person or organization on the road, contact a Dallas car accident lawyer today.
- Motorcycle Accidents: Dallas is home to a large number of motorcycle riders. These individuals are particularly at risk for severe injury, including amputation, when in accidents, because they simply do not have the protection offered by larger vehicles. In most cases, the driver of the motorcycle is more likely to be injured than the operator of the vehicle who hit him or her . . . and he is less likely to be at fault. Contrary to popular belief, the motorcycle driver is not always the person who caused the accident. Motorcycle accidents in Texas can be caused by distracted drivers, poor road conditions (including those caused by weather or construction), and even drivers who simply don’t see the motorcycle in their blind spot. A seasoned motorcycle injury lawyer can help you pursue your case.
- Truck Accidents: Truck accidents result in considerable injury. Just consider the size and weight of most trucks as compared to the other cars and motorcycles on the road. The Injuries from these accidents are often overwhelming; the force of a collision is simply devastating. If you suffered an amputation injury in an accident with a truck, a number of individuals may be held liable. These include the driver, the trucking company, the manufacturer, inspectors, maintenance technicians, and those who load cargo. If any one, or more, of these people or organizations acted negligently, they can be held accountable for your injuries and forced to pay your expenses.
Traffic accidents are often the result of negligence in Dallas. If this was the case in your accident, you may be able to collect for your damages. Even if you were partially responsible for the incident, you can still receive compensation. Modified compensation laws are in effect in Texas. This means that you can pursue a claim as long as the other person or organization is 51% or more responsible for the accident. Our personal injury attorneys can help you if you have lost a body part in a vehicular accident.
A work injury is one that occurs when an individual is doing their job. To truly be considered a work injury it must be sustained while the person is carrying out the duties for which they are responsible.
These injuries can be caused when using machinery or equipment, falling from great height, slipping, or even driving a car (if it is part of your daily responsibilities, as a delivery person).
Industries like manufacturing, farming, and construction are incredibly dangerous. That said, even a salesperson can be in a car accident and suffer an amputation as a result of an injury while driving to visit a client.
If your amputation was the result of the negligence of your employer, a subcontractor, someone on the road, or even another employee, you may be able to file a personal injury lawsuit.
Even if your employer provides workers’ compensation insurance, it is likely that it won’t cover the entirety of your costs. You may need to file a personal injury case in civil court.
A work injury lawyer can help you address the multitude of issues that result when one is injured while on the job.
Other Causes of Amputation Injuries
Other incidents can also result in an amputation injury. You can fall and hurt yourself on another person’s property; something can fall on you while shopping; and sometimes doctors even make mistakes like amputating the incorrect limb.
Regardless of the cause of your injury, it is critical that you contact a reputable attorney as soon as possible. Experienced legal assistance can help you get the financial settlement you need to cover your costs, compensate for your loss and move forward with your life, albeit in a very different way.
Amputation Injury Information
The Consequences of an Amputation Injury Are Severe
Many injuries are associated with long recovery times, but amputation injuries are permanent. Those who suffer will never fully recover, and life will never be the same. Quite the contrary, in fact. Amputation injuries can impact virtually every aspect of your life.
Those who experience tragedies like this can expect a host of physical and emotional issues including, but not limited to:
- Chronic pain
- Muscle contractions
- Inability to work
- Increased risk of infection
- Emotional fatigue
- Inability to do minor tasks.
Additionally, the costs associated with amputation injuries are, in a word, astronomical. In addition to the doctors and hospital bills, you will likely need medications and physical therapy, all of which may last a lifetime. And there is a good chance you will need to adapt your home or vehicle to compensate for any lost abilities.
Additionally, you may not be able to work in the same capacity as before the accident, if at all. Your loss of income can be debilitating to your family.
The emotional toll an amputation has is also significant. Reliving the accident, dealing with the pain, and imagining your life without your body part is a lot. Simply getting through the day can be a challenge.
Finally, many who suffer the loss of a body part struggle with phantom limb syndrome. Those who are the victims of an amputation may still feel pain in the missing limb. While hard to comprehend, the pain is very real and can be long-lasting. Managing it is challenging and costly.
Amputation Injury Settlements
How much can I expect to receive for my injuries? This question is one raised quite often. And it is understandable. The costs associated with an amputation are considerable, and your earning potential has likely been affected. Knowing what you can expect can help to put your mind at ease.
In Texas, if you can prove negligence, you may be entitled to damages, either economic or non-economic, or even punitive.
- Economic Damages: These damages are those which have had a direct financial impact on your life and are relatively easy to calculate. They include medical treatment and care (doctor and hospital bills, rehabilitation and therapy, medication and assisted living devices, and any necessary short- or long-term care), lost wages, and lost future earnings based on your capacity to work.
- Non-Economic Damages: These are harder to quantify but just as real, particularly in an amputation injury case. They may encompass pain and suffering, loss of enjoyment of life, distress from disfigurement and scarring, and inconvenience, among others.
- Punitive Damages: While not appropriate in every case, a judge may elect to award punitive damages. This might occur only when your injuries were caused purposefully or were the result of extreme negligence and disregard. Decisions like this are a form of punishment to the defendant.
It is important to work with a skilled personal injury lawyer, one who has the knowledge and experience to calculate the full array of damages and can factor in their costs going forward. Amputation injuries are serious, they require a lifetime of treatment and care and will impact you for the rest of your life. You only have one opportunity for legal compensation; you must ensure that the requested settlement encompasses your expenses for your lifetime.
Living With an Amputation Injury
Life post-amputation injury will be challenging, both physically and emotionally. Honestly, it will never be the same as it was before.
If your body part was not amputated in the injury itself, you may need surgery to have it removed and protect your future health and life. Post-surgery, extensive physical therapy is likely as you learn to adapt to a new way of life. These services are time-consuming, tiring, and expensive. During this time you will probably not be able to work, and whether you ever return to your job will be dependent upon the nature and extent of your injuries.
Compensation from your case is critical to helping you through this time and for the rest of your life.
Frequently Asked Questions
CBR Dallas Amputation Injury Attorneys Address Your Most Pressing Concerns
As the victim of an amputation injury, it is not surprising that you have many questions. Your future, which you may have pictured clearly, now appears quite different. And, the life you are living is now filled with new pressures, significant financial stress, and much emotional dismay.
At CBR we have a reputation for providing our clients with the highest quality responsive service available. In fact, all of our clients have our personal cell phone numbers. We know that questions arise, particularly in amputation injury cases, at all times of the day and night — and sometimes you just can’t wait until the next business day to have them answered.
No question or concern is too small or too silly. As an amputation injury victim, you have suffered the worst type of injury, and we are always available for you.
That said, below we have shared some of the most often asked questions, along with our responses.
How long do I have to file my personal injury case for my amputation injury?
In Texas, the statute of limitations for personal injury cases (under which amputation injuries fall) is two years (from the date of the accident or from the date you were diagnosed with the injury caused by it). Your personal injury attorney can help you better understand the dates and when the clock starts ticking on your personal case. It is critical that you contact your attorney as soon as possible as cases filed after the statute of limitations expires will not be heard.
I was partially responsible for the accident that caused my amputation injury. Does this mean I do not have a case?
Not necessarily. Whether or not you are eligible for compensation if you were partially responsible depends upon the amount of blame that falls on you. As mentioned earlier, the state of Texas follows modified comparative negligence laws. This means that as long as the other party was 51% or more responsible for the accident, you still have a case. However, the damages you receive will be reduced by a percentage equal to your fault. Simply, if you are awarded $100,000 in damages, but were found to be 30% at fault, you would only receive $70,000.
The value a personal injury lawyer can bring to comparative negligence amputation injury cases is significant. In addition to trying to limit the overall award, the attorneys for the defendant will claim that you were more at fault for the incident than you were, in order to mitigate the final blow to their client. We are experienced in cases like this and can help you prove fault and substantiate damages.
Will I need to appear in court?
The majority of the time, amputation injury cases settle in the negotiation phase, which we handle for you. This is our goal. However, if we are unable to reach an acceptable settlement, we will move to litigation and you will need to appear in court. To be honest, you are your own best witness. Sharing your story, personally, is the best evidence we have regarding your injury and its impact on your life. Our team will thoroughly prepare you for your testimony and work to ensure there will be no surprises in court. We will be with you every step of the way.
My doctor says I am suffering from phantom leg syndrome and has recommended alternative therapy for the pain. Will my insurance cover these treatments?
Unfortunately, not always. Treatments for this condition, commonly experienced by those who have lost a body part, can be deemed experimental or alternative. There are a host of options, including acupuncture, biofeedback, hypnosis, and transcutaneous electrical nerve stimulation. Because these may not be covered by insurance, winning your case is even more important. These treatments can be costly, and necessary over the long term. The settlement you receive can be used to help pay for the services you so desperately need.
My amputation injury was the result of an automobile accident and the person who hit me, who was at fault, has insurance. Can I just deal with their insurance company personally, and not hire an attorney?
You can, but it is not a wise choice for a few reasons. First, you need to recognize that the insurance company does not have your best interests at heart. It is a business looking to minimize expenses (payouts). And, the other party as well as their insurance company will have legal representation. Also, you are going to need to gather evidence, complete mountains of paperwork, and accurately determine an appropriate settlement; these are time-consuming and complex tasks for someone recovering from a catastrophic injury.
When you hire an attorney, that professional will coordinate any investigations, manage all communications, and help to calculate a settlement that encompasses your past, current, and future needs. Additionally, if you need to go to court, your attorney will litigate on your behalf. Engaging a qualified and reputable amputation attorney in Dallas is a good idea.
Hopefully, the information shared above helps to answer some of your more basic questions. In order to provide detailed information and specific advice, we need to have a better understanding of exactly what happened to you. Reach out to our firm today to schedule a complimentary consultation. During this meeting, we can learn more about you, and you can obtain a better understanding of our firm and how we can best help you.
CBR Amputation Accident Lawyers Can Help You
What We Do for Our Clients
If you are the victim of an amputation injury, you are likely under considerable pressure. The combination of the physical pain from your injury and medical treatment, the exhaustion from trying to recover, and the stress of having your life upended is considerable. Even the thought of managing insurance claims and lawsuits can be overwhelming.
When you work with the experienced professionals at CBR, you can focus your energies where they are best needed, on your recovery and your family; we will handle the rest. As your personal injury lawyer, we will:
- Obtain an in-depth understanding of your situation: what happened, how it happened, and your past, current, and future medical needs and costs.
- Coordinate any necessary investigations into the incident.
- Serve as your representative with all insurance company representatives and other attorneys.
- Manage the entire legal process, including all administrative tasks.
- Review all medical information to identify complete medical costs, including those you will incur as a result of your amputation injury for the remainder of your life.
- Calculate loss of income for your life.
- Negotiate, on your behalf, with all insurance companies for an appropriate settlement.
- Litigate your case, in court, if necessary.
We have successful experience in managing amputation injury cases in Texas, and we are ready to go to work for you immediately.
Amputation Lawyers: Experience Matters
Amputation injuries are serious, and obtaining an appropriate settlement is critical to moving forward with your life. Without it, the financial burden will be devastating. Consequently, you want to work with a respected law firm, one who knows Texas personal injury law inside and out and is experienced in managing cases like this both with insurance companies in the state and in the local court system.
At CBR our attorneys are highly experienced, with a top-notch reputation for both success in handling cases and empathetic client service. We have over 125 years of combined professional experience.
Additionally, our attorneys appreciate your situation. We understand the physical pain you are in and the emotional turmoil you are facing.
By taking the time to listen carefully, communicate gently, and encourage questions along the way, we provide our clients a sense of calm in what is a very tumultuous time in their lives.
Contact an Amputation Attorney in Dallas Today
As a victim of an amputation injury, obtaining legal representation as quickly as possible is critical. You need to begin work on your case immediately. A seasoned professional can do this and allow you to focus your efforts on your recovery.
Our team strongly believes that those who behave negligently and cause injury to others should be held responsible for their actions. We have built our practice on this tenet and work tirelessly to get our clients the settlements they need and deserve.
We appreciate that the right representation is a very personal decision, so we offer all potential clients a free consultation. This gives you the opportunity to learn more about our firm, our lawyers, our experience, and our approach. You need to work with someone you trust. And it offers us the chance to learn more about your case so we can share with you how we can best address your situation.
Reach out to us today at 214-522-9404 to schedule a meeting. We know you are going through a lot, and we are ready to get to work and help you protect your future.