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Ohio Amputation Injury Lawyers
Traumatic accidents can lead to a variety of injuries with life-long consequences. Amputations are one form of catastrophic injury with a significant impact on a person’s daily life. Ohio amputation injury lawyers represent those who face this type of severe harm and help them recover the compensation that they need to rebuild their lives.
If you or a loved one suffered an amputation injury, reach out to the experienced amputation injury lawyers at Crandall & Pera Law. Our compassionate attorneys can help you understand your options for recovering compensation from the person or people responsible for your injury.
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Types and severity of amputations
The term amputation refers to the loss of a body part. In less severe cases, an amputation might involve the loss of a finger or toe, while the most severe amputations result in the loss of a person’s full arm or leg. In any of these cases, these injuries are serious and will potentially lead to long-term care requirements. Here are a few types of amputations that may result from an accident.
Upper body amputations
- Partial Hand Amputation: The loss of a portion, but not all, of the hand
- Wrist Disarticulation: Amputation involving the separation of the hand from the lower arm at the wrist joint
- Below-the-Elbow Amputation: The partial loss of the lower arm from a cut through the radius and ulna bones
- Elbow Disarticulation: The removal of the lower arm from the upper arm at the elbow joint
- Above-the-Elbow Amputation: The loss of the lower arm, elbow, and part of the upper arm from a cut through the humerus bone
- Shoulder Disarticulation: The loss of the entire arm at the shoulder joint
- Forequarter Amputation: This is the most severe arm amputation, involving the removal of the entire arm and part of the shoulder, potentially including the clavicle and scapula bones
Lower body amputations
- Partial Foot Amputation: The loss of a portion, but not all, of the foot
- Ankle Disarticulation: The loss of the foot at the ankle joint
- Below-the-Knee Amputation: The loss of the foot and part of the lower leg from a cut through the tibia and fibula bones
- Knee Disarticulation: The loss of the lower leg at the knee joint
- Above-the-Knee Amputation: The loss of the lower leg, knee, and part of the upper leg resulting from a cut through the femur bone
- Hip Disarticulation: The loss of the entire leg from separation at the pelvis and hip joint
- Pelvic Amputation: The amputation of the entire leg and part of the pelvis
It is also possible that a person suffers from a double amputation, such as the loss of both of their legs. Some of these injuries are more likely to cause severe permanent challenges for a person’s mobility and daily functioning. However, all amputation injuries come with some potential complications.
Complications with amputations
Some of the potential risks associated with amputations are more likely to occur shortly after the injury. Other complications may take place later or persist throughout the person’s life.
Infections
Infections are a common complication following an amputation injury. Wound site infections can lead to severe health risks and potentially require surgery.
Oedema
Oedema, which is swelling, can occur at the amputation site. When this happens, it can cause pain and impact mobility. Also, if the site of the wound is swollen, it can become difficult to attach a prosthetic.
Phantom limb pain
Amputations cause serious pain at the site of the injury. However, phantom limb pain involves a person experiencing pain in the limb that no longer exists. That pain can present as sharp, burning, cramping, electric, or crushing.
Loss of mobility
The loss of a limb, especially a leg, can create permanent mobility challenges. Those who suffer amputation injuries may also experience health complications because they are not moving as much as they normally would, either because of their recovery or because they are unable to be active in the same way that they were before the accident. The reduction of movement can have health consequences as well.
Loss of independence
In serious amputation cases where a person loses limbs, they might not be able to walk, drive, or otherwise get around as they did before. The loss of independence can be a massive psychological strain on individuals who sustained amputation injuries.
Causes of traumatic amputations
There are many types of accidents that could lead to an amputation injury. However, some common causes account for the majority of such injuries.
Vehicle Accidents
Car accidents and truck accidents are some of the leading causes of amputation injuries. Sometimes, these injuries involve a limb becoming severed, and other times, a crushing injury may cause so much damage that the only option for medical providers is to amputate. Motorcycles create an even higher risk of these types of injuries because the rise lacks the protection available in a car or other enclosed vehicle. In fact, one study found that 9% of those hospitalized after a motorcycle accident sustained an amputation injury, mostly involving their lower limbs.
Work Accidents
Work-related accidents are another leading cause of amputation injuries. The risk is particularly high in industries like construction, where people work closely with heavy machinery. According to the US Bureau of Labor Statistics, 58% of non-fatal workplace amputations involve machinery.
Faulty Products
Defective products can lead to serious injuries, including amputations. Some types of products, such as power tools, lawn care products, and kitchen appliances, can be particularly dangerous if they are defective.
Liability in an amputation case
Proving that another person or entity is at fault for an amputation injury is necessary for recovering damages. The liability claim will differ depending on the type of accident.
Vehicle accident liability
In a traffic accident, the person who caused the collision will be at fault for the resulting injuries. If a driver of a car, truck, or other vehicle was speeding, ran a red light, or veered over a centerline in the road, that behavior would be evidence of their negligence and potential liability.
It is important to note that, in Ohio, if the injured person was also negligent, they may still be able to recover compensation for their injuries. For instance, if a driver was speeding, but another driver ran a red light, both parties may share in the liability. In Ohio, as long as the injured person is 50% or less at fault, they can still recover damages for their injuries. However, the court will reduce the amount they can collect based on their share of fault.
Workplace accident liability
In many cases, those who suffer from work-related accidental injuries will need to go through the workers’ compensation process. The workers’ compensation system does not involve fault or liability. Instead, the injured person can recover a certain amount because their injury was work-related. In exchange, the worker usually cannot bring a case against their employer to collect additional damages.
However, some work-related injuries might involve third parties, such as a separate contractor who did something dangerous or a piece of faulty equipment. In such cases, it might still be possible to sue for damages. Because these cases are complicated, it is best to consult with an Ohio amputation lawyer.
Product liability claims
Product liability claims involve a product that is dangerous when a person uses it in the way it is intended to be used. There are several ways a product could be defective. Design flaws mean every device manufactured will be defective because something is wrong with the product, even when produced correctly. Manufacturing errors can lead to one defective product because of some flaw in its construction, even while others function correctly. Warning-related defects occur when a product presents risks, but the manufacturer fails to offer a reasonable warning.
Defects in some products, like power tools, create severe risks, including the danger of amputation injuries. Defective tools might be meant for home use, not just work sites. Examples may include saws that lack proper kickback preventions or hand guards. Manufacturers have recalled tools for these types of safety defects.
Coping with the need for costly treatments and technology
The costs associated with a prosthetic are exceptionally high. In fact, a basic prosthetic leg may cost around $10,000. A modern prosthetic that allows a person to control it through muscle movements costs upwards of $70,000. Estimates place the lifetime costs at between $500,000 and $1.8 million for a leg prosthetic and maintenance.
Additionally, the injured person might find themselves out of work for extended periods or unable to return to their previous job because of the amputation. As a result, the financial impact on a person who suffers an amputation injury and their family can feel overwhelming.
Recovering compensation for amputation injuries in Ohio
The high costs related to amputation injuries can place significant strains on the individuals who sustain these injuries and their families. When another person causes these injuries, Ohio law allows you to pursue compensation from them to alleviate some of those financial strains. The more serious the injury, the more important it is to recover the damages you truly deserve.
Damages fall into three broad categories: economic, non-economic, and punitive.
Economic damages
Economic damages include coverage for your past medical costs and estimates of your future medical costs and care, as well as your lost income and earning potential. In the case of an amputation, this should cover the expenses related to any prosthetics. However, since the future costs are only estimates, you might need a financial expert to help make a compelling claim. We are prepared to work with you and any necessary medical and financial experts to demonstrate the true value of your case. Taking extra care in pursuing economic damages is especially important as there is no cap on the amount you can recover.
Non-economic damages
Anyone suffering from a catastrophic injury like an amputation knows that the medical costs and lost income are only a small part of the true loss. Amputations take an enormous toll emotionally, cause pain, suffering, and can take away your ability to engage in activities that you previously enjoyed. Non-economic damage compensates you for these losses. While it is difficult to calculate non-economic damages, courts often use an equation that factors in your economic damages. Ohio has a cap on how much you can recover, but in most cases, more serious injuries lead to higher non-economic damages.
Punitive damages
In some cases, courts will award punitive damages as a punishment for the person who caused the injuries. This type of damages is only a factor when the court decides that a person acted recklessly or maliciously. For instance, if they injured you because they were engaged in road rage, drunk driving, or another particularly egregious behavior.
The Role of Ohio Amputation Injury Lawyers
If you or a family member suffered an amputation because of someone else's negligence, you need to contact a personal injury lawyer. Remember not to accept any offers from insurance companies before discussing your options with an experienced attorney. Your amputation injury lawyer can help you understand the full value of your claim so that you avoid settling for less than you deserve.
Your attorney can also initiate the litigation process by filing a lawsuit. The legal process allows you to gather evidence that can be beneficial in negotiating a more favorable settlement. If the opposing party is unwilling to agree to a reasonable settlement, your lawyer can work with you to take your case to trial.
At Crandall & Pera Law, we strive to achieve a settlement or verdict that provides you and your family the best possible future.
If you have questions about your amputation injury claim, schedule a free consultation with one of Crandall & Pera Law’s compassionate catastrophic injury attorneys. We have five Ohio law offices located in Cleveland, Columbus, Cincinnati, Chesterland, and Chagrin Falls.