Suffering an injury that leads to the amputation of a body part can be devastating. Aside from the trauma that this can cause, these catastrophic injuries can also make it difficult to live your life as you’re used to. You may not be able to work or could struggle to manage daily tasks without help.
If your amputation injury happened because of another party’s misconduct in West Virginia, one option you may have to recover your losses is to file a personal injury claim. But what does this process entail? Here is everything you need to know about these types of injuries and whether you can receive compensation for yours.
Frequent Causes of Amputation Injuries
Amputation injuries involve the partial or complete removal of a body part. In West Virginia, they tend to happen due to certain types of accidents.
Motor Vehicle Accidents
One of the common causes of amputation injuries in the state is motor vehicle collisions. These involve car, motorcycle, and truck accidents. High-speed crashes are particularly likely to cause these injuries, either by severing the body part or crushing it severely enough to require amputation later on.
Workplace Accidents
Workplace accidents involving heavy machinery can also lead to amputation injuries. These incidents are more likely to occur in the construction and agricultural industries.
Medical Malpractice
A medical professional who doesn’t diagnose a condition correctly can cause amputation injuries, too. If a doctor doesn’t recognize an infection, for example, or doesn’t treat it as rapidly as they should, the condition can worsen enough to cause gangrene and require an amputation. Mistakes during surgery can also directly lead to the loss of body parts.
Falls
Falls from heights can cause crush injuries. Such falls often shatter bones, sever blood vessels, and damage nerves. In many cases, it’s possible to resolve these injuries without removing the limb or other body part, but not always.
Types of Claims Available After an Amputation Injury
If you have suffered an amputation because of another party’s negligent conduct, you may be entitled to begin a personal injury claim. Unless the act was intentional, you will need to demonstrate that the other party owed you a duty of care that they failed to uphold. You’ll then need to show that you suffered compensable injuries directly related to the defendant’s conduct.
For injuries that occur in a workplace accident, you may need to file a workers’ compensation claim. Most employers in West Virginia are required to have workers’ compensation insurance that covers all employees. These claims can address your medical expenses and lost wages, but don’t allow you to recover pain and suffering or loss of enjoyment of life damages.
If the accident at work occurred because of a third party’s conduct, such as a contractor or the manufacturer of a faulty piece of equipment, then you may be able to file both a personal injury claim and a workers’ comp claim. This can offer the full support you need to move forward.
Medical malpractice claims are similar to other personal injury lawsuits, but they require that you demonstrate that another medical professional would not have made the same error. These cases are more complex, and you may need to file an affidavit of merit, in which another medical professional states your claim is valid.
For the best results with any of these claims, it’s wise to consult a personal injury lawyer for assistance.
Damages Available After an Amputation Injury
In a claim, you will generally be able to ask for economic damages for your financial losses and non-economic damages for your more personal losses.
Economic damages cover all of your medical expenses, including any future needs you may have. Any income that you missed out on while getting treatment can also be addressed, including salaries, benefits, and commissions. In instances when you can’t return to work in the same capacity, or at all, you might be able to receive damages for your loss of earning potential.
Non-economic damages focus on addressing the losses that are harder to quantify, beginning with the emotional and physical distress the injury caused you. If you’re not able to live your life as you used to, you can claim loss of enjoyment of life as well. In some cases, loss of consortium, or loss of support and companionship, may also apply.
Contact Our Charleston Personal Injury Lawyers at Farmer, Cline & Campbell Personal Injury Lawyers for a Free Consultation
Sustaining such a significant injury as losing a body part can impact every aspect of your life. You may feel less confident, suffer lingering health issues, or struggle with mobility, all of which affect your day-to-day activities.
Fortunately, you may be able to begin a claim against the negligent parties under West Virginia law. Contact Farmer, Cline & Campbell Personal Injury Lawyers at (304) 346-5990 to schedule a free consultation with our Charleston personal injury lawyers so we can get started on your case.
