How to sue for compensation for amputation and disfigurement injuries
The overwhelming and life-changing effects that a catastrophic injury has on a victim can never be completely erased with monetary compensation. The loss of a limb changes everything about how a person lives, feels, supports themselves and how they feel about interacting with others.
Trying to put an actual figure to the true extent of the losses is nearly impossible. However, accident victims who suffer amputation and disfigurement deserve some type of justice — and that justice often comes in the form of financial remuneration.
Accident claims that involve a loss of limb or disfigurement typically require aggressive and specialized legal representation. While the fact that the victim has suffered is obvious, the insurance companies are quite skilled at reducing the amount of compensation that these victims will receive. They know that the compensation packages for these types of injuries are often high, and they will do whatever it takes to reduce their payouts and protect their profits.
Working with a Tampa amputation and disfigurement attorney is the best solution if you or a loved one suffered a serious injury that left you disfigured or scarred. At Lorenzo & Lorenzo, our attorneys understand the seriousness of your loss, and we will protect your right to receive full and fair compensation.
Unique challenges facing amputation victims
Recovering from any injury is challenging. During the recovery period, you may deal with medical care, missing work, trying to manage household duties, and suffering from the pain and discomfort of the injury. Eventually, these issues will lessen as your body begins to heal and recover.
For an amputation victim though, this process is not so easy.
A loss of limb requires extensive, if not lifelong, medical care. Depending on which limb is lost, you may have to relearn how to do simple tasks, such as signing your name with a different hand or learning how to walk with a prosthetic. You may need to take physical therapy for an extended period of time.
Having represented clients facing these losses, at Lorenzo & Lorenzo we understand that these types of pain are deep and personal. It’s only right that those responsible make sure you are compensated fully.
Types of compensation available for loss of limb and disfigurement claims
Florida law allows loss of limb and disfigurement victims to seek the following types of compensation:
- Cost of medical care for current and future care relating to the injury
- Cost of rehabilitative services, such as physical therapy and pain management
- Lost wages and future earning capacity
- Cost of retraining (if applicable)
- Cost of medications and medical devices, including prosthetic limbs
- Cost of mental health care
- Pain and suffering
- Loss of enjoyment of life
Additional forms of compensation may be available based on the unique facts of your case.
Common causes of loss of limb accidents
Almost any type of serious accident has the potential to result in a loss of limb, but certain accidents are more likely to cause these catastrophic injuries due to their severity or other specific circumstances. They include:
- Car accidents. In high-impact collisions, especially pile-up crashes, victims may suffer crush injuries or severe trauma to limbs. When the blood supply to a limb is compromised due to crushing, fractures, or deep lacerations, an amputation may become necessary to prevent life-threatening complications like gangrene or infection.
- Truck accidents. Due to the massive size and weight of trucks, collisions often cause severe crush injuries or degloving injuries (where the skin and tissues are stripped from a limb). Victims may face partial or complete amputations if the damage to bones, muscles, and nerves is too extensive to repair.
- Motorcycle accidents. Motorcyclists are especially vulnerable in collisions due to the lack of physical protection. Direct impact with vehicles, road barriers, or the pavement can result in severe limb trauma, including fractures, degloving injuries, and severed limbs. In some cases, emergency amputations are needed to address life-threatening damage, while surgical amputations may follow due to infection or complications during recovery.
- Pedestrian accidents. Pedestrians struck by vehicles often experience crushing injuries, severe fractures, or traumatic lacerations to their limbs. The impact of being hit by a car or pinned between a vehicle and another object can cause damage so extensive that amputation is required to preserve life or prevent infection.
- Aviation accidents. Airplane or helicopter crashes involve extreme forces and debris that can sever limbs or cause crush injuries. Survivors often face amputations when limbs are trapped under wreckage or subjected to prolonged pressure, leading to irreversible damage.
- Industrial work accidents. Heavy machinery, such as presses, saws, and forklifts, poses significant risks for limb injuries in industrial settings. Accidents involving entanglement with machinery, equipment malfunctions, or falling objects can sever limbs or cause crush injuries that necessitate surgical amputation. Poor workplace safety protocols or failure to provide proper training and equipment often exacerbate these risks.
These injuries often require immediate medical attention and, in many cases, long-term rehabilitation and prosthetic care. If you or a loved one has suffered a loss of limb due to an accident or negligence, seeking legal assistance is crucial to securing the compensation you deserve.
FAQs about lawsuits involving amputation and disfigurement in Florida
Does Florida’s no-fault law prevent me from suing after a car accident that causes an amputation?
No, Florida’s no-fault law does not prevent you from suing after a car accident that causes an amputation. While the law requires drivers to carry personal injury protection (PIP) insurance, which covers a portion of medical expenses and lost wages regardless of fault, there are exceptions that allow victims to file a lawsuit in cases of serious injuries.
What is considered a serious injury in Florida?
Under Florida’s no-fault law, accident victims can pursue a lawsuit against the at-fault party if their injuries meet the state’s “serious injury” threshold. Florida law permits such lawsuits for injuries that involve:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant scarring or disfigurement
- Death
Amputations typically qualify under multiple criteria, including permanent injury, significant loss of bodily function, and disfigurement, making you eligible to sue the at-fault party for additional damages.
Is there a cap on pain and suffering in Florida?
With the exception of medical malpractice cases, there is no cap on pain and suffering damages for most personal injury cases in Florida, including car accidents, slip and falls, and product liability claims. This means victims can seek compensation for physical pain, emotional distress, and loss of enjoyment of life without a statutory limit.
The amount awarded is determined by the court based on factors such as the severity of the injury, its impact on the victim’s quality of life, and the emotional or psychological toll.
How do I make sure all past and future damages are accounted for in my amputation lawsuit?
To ensure all past and future damages are accounted for in an amputation lawsuit, it’s crucial to work with an experienced attorney who can comprehensively evaluate your case. Attorneys use a combination of documentation, expert analysis, and long-term projections to calculate both the immediate and ongoing financial, physical, and emotional impact of your injury.
Here’s an overview of how they work to ensure all your damages are accounted for:
- Documenting past damages. Attorneys gather detailed evidence of your past losses, including lost wages and medical expenses like surgeries, hospital stays, rehabilitation, prosthetics, and medications.
- Estimating future medical costs. An amputation often requires ongoing care, and attorneys work with medical experts to project future expenses, including replacement prosthetics and maintenance, future surgeries or corrective procedures, physical therapy and long-term rehabilitation, assistive devices, home modifications, or specialized transportation.
- Calculating future lost earnings. If the amputation affects your ability to work, attorneys consult vocational and economic experts to estimate your loss of earning capacity if you cannot return to your previous job or career, as well as benefits like pensions or promotions you would have earned over your working life.
- Accounting for non-economic damages. Attorneys ensure your compensation includes non-economic damages like pain and suffering for ongoing physical pain or emotional distress, loss of enjoyment of life (such as activities you can no longer participate in), disfigurement, and permanent disability, reflecting the life-changing nature of the injury.
- Incorporating inflation and life expectancy. For future damages, attorneys adjust calculations to reflect inflation and your life expectancy, ensuring the award fully covers long-term costs.
- Consulting experts. In addition to medical and vocational experts, attorneys may bring in life care planners and economists to create a comprehensive picture of your financial needs.
By gathering thorough documentation, consulting with expert witnesses, and using detailed projections, a qualified Tampa personal injury attorney can ensure that all past and future damages are included in your amputation lawsuit. This holistic approach ensures you receive fair compensation to address your immediate needs and secure your family’s financial future.
Where can I find the best amputation and disfigurement attorney in Tampa to help with my accident claim?
If you or a loved one has suffered an amputation or disfigurement in any kind of accident in Tampa, it’s essential to have experienced legal representation by your side so you can secure the compensation you need for your recovery and future.
At Lorenzo & Lorenzo, our skilled Tampa amputation and disfigurement lawyers have a proven track record of handling these complex cases with skill, compassion, and determination. We understand the profound impact these injuries can have on your life, from mounting medical expenses to the emotional and physical challenges of adapting to a new reality. That’s why we work tirelessly to ensure that all damages—both past and future—are accounted for.
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