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Can I Sue For Amputations After a California Car Crash?

Posted on behalf of Arnold Law Firm in
young man with prosthetic in physical therapyVictims who lose one or more limbs after a car crash are forced to face the physical and emotional challenges of dealing with a life-altering injury. The loss of a limb often means a long recovery and extensive medical care, as well as physical therapy. Can crash victims who suffer amputations sue for compensation to help with these costs and other losses? At Arnold Law Firm, we have seen catastrophic injuries like these firsthand, and we understand many of the challenges these victims face. We have been helping crash victims and others who have been injured by negligent parties for decades. Do you need legal help after being injured in a California car crash? Our experienced car crash attorneys in Sacramento are prepared to help you. If you have a case and we represent you, we will work tirelessly to recover the compensation you need.

Call to request a FREE initial case review to get started. (916) 777-7777

How Do Car Crashes Lead to Amputations?

Amputations could result from any type of car crash. The violent impact of a crash could pin a victim’s limbs in the wreckage, either crushing or fully severing the limb. Some limbs may be reattached in certain circumstances. However, the damage may often be too severe for a successful reattachment. Sometimes, even if a limb remains fully intact, it could be made useless because of the amount of damage it sustained. Those most at risk of needing an amputation or losing a limb during a crash include pedestrians, cyclists and motorcycle riders. Those involved in certain types of crashes may also have an increased risk of losing a limb:

Can I Sue the At-Fault Driver for an Amputated Limb?

If the other driver was negligent in some way and that negligence caused the crash that injured you, you may have a case. However, the burden of proof falls on the injured victim, so you will have to prove it. Needless to say, these cases can be complex and stressful. Having an attorney fully manage your case could greatly benefit you. For one, you can focus on pouring all your energy into helping your body to heal. Secondly, your attorney manages difficult car crash cases every day. He or she will know what evidence is needed, how to get it and how to use it to build a robust case.

How Much Is a Car Crash Case With an Amputated Limb Worth?

To find out what your case is worth, you should speak with a knowledgeable attorney. Be sure to speak to one who has experience managing car accident claims. At Arnold Law Firm, we are prepared to answer your legal questions and review the circumstances of your situation to determine if you may have a case. If eligible, you could recover various types of compensation, including:
  • Medical costs
  • Prehabilitation and rehabilitation costs
  • Physical therapy and prosthetic devices
  • Surgery to remove the limb
  • Follow-up doctor’s appointments
  • Pain and suffering damages, such as physical pain, depression, anxiety and post-traumatic stress disorder (PTSD)
  • Lost wages
  • Loss of enjoyment
  • Disfigurement and scarring
  • And more

What if I Am Partially At Fault for the Crash That Caused My Amputation?

Even if you contributed to the crash in some way, you may still be eligible to recover some damages. California follows a pure comparative negligence fault system. What this means for you is that whatever amount of compensation you may be awarded, it will be reduced by your percentage of fault. Having an experienced attorney manage your case means having someone who will dispute liability that has been unfairly assessed against you.

What Types of Amputations Are Most Common in a Car Crash?

Amputations most common to car crashes, either during a crash or afterwards due to extensive damage, may include:
  • Partial hand amputations, which could include one or more fingers or part of the hand.
  • Partial foot amputations could include one more toes and as much as half of the victim’s foot
  • Amputations that are below the knee
  • Amputations occurring at the ankle, removing the entire foot
  • Above-the-knee amputations
  • Amputations that remove a victim’s arm at the shoulder

Amputations Can Cause Other Complications

An amputation is often just the beginning of a crash victim’s recovery. Limb amputations involve surgery and like any operation, there are risks. Some potential complications and health risks associated with having a limb amputated include:
  • Secondary infections resulting from the initial injury and/or surgery
  • Blood clots
  • Deep vein thrombosis
  • Loss of muscle tone; weakness in the affected limb
  • Heart attacks
  • Pneumonia
  • Mental health challenges, like depression while adjusting
Additionally, those who lose a limb often experience a phenomenon called “phantom pain.” They feel pain in the limb, even though it has been removed. Phantom pain can be extremely severe to the point of being debilitating for some individuals.

How Are Amputated Limbs Treated?

Crash victims who need an amputation have a long ordeal ahead of them. Even before the surgery, patients typically go through prehabilitation. This process helps to educate victims and prepare them mentally and physically for their surgery. Prehab is also believed to speed up the recovery process overall. Once victims get through the initial surgery to remove the damaged limb, they still have a lengthy healing period ahead of them. During this time, doctors may apply a compression sock to the stump of the limb. Compression socks can help to keep swelling down while blood vessels recover and heal. If the victim’s goal is to get a prosthesis, this process is especially important.

Call Arnold Law Firm For Legal Help After a Car Crash

Losing a limb after a crash because of another driver’s negligence is traumatic, and unfortunately no amount of money can change what happened. Recovering compensation through a settlement or jury-awarded verdict, however, helps remove financial stressors, so you can focus on healing. Contact our law offices to learn if you may have legal options. If we determine that you may have a case, you can hire our services with no upfront costs to pay. We accept car crash cases on contingency, so we only get paid if you do. Deadlines apply in California, so we encourage you not to wait until it is too late. Attorneys need time to build a compelling case, and evidence can get destroyed or go missing soon after a crash.

Arnold Law Firm. Fighting for the justice you deserve. (916) 777-7777

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.