Losing a body part is a catastrophic injury that can significantly impact your life. Such an injury can prevent you from working at your job and lower your quality of life. In New Jersey, if the injury occurred because of another party’s negligence or misconduct, you may have the legal option of pursuing a personal injury claim.
Here is what you need to know about amputation injuries and what a claim process can look like in the Garden State.
Overview of Amputation Injury
Amputation refers to the loss of a body part, and traumatic amputations are the result of accidents of all types that sever the affected part from the rest of the body. Victims of traumatic amputation not only face the loss of the body part but can also experience serious complications, such as life-threatening blood loss, shock, and even death.
The other type of amputation is surgical amputation. This type occurs if injuries that cause tissue destruction or disease can’t be repaired, and the body part has to be removed.
What Causes Amputation Injury?
Traffic accidents are one of the most common causes of amputation injuries. In a car accident, the force of impact can be so significant that it severs a body part or crushes it to a degree that the only treatment option is to surgically remove it. Collisions involving commercial trucks may be more likely to result in amputations.
Machinery accidents are another common reason for amputation injuries. Construction workers or others who spend their days surrounded by heavy machinery can be involved in accidents that crush, pin, or outright sever body parts. If a machine is missing safety features or any type of malfunction occurs, workers can experience catastrophic injuries.
Burns can also lead to the necessity of amputating a body part. If you suffer a severe burn that doesn’t respond to treatment, it’s possible to develop a dangerous infection. In some instances, it may be necessary to surgically remove the body part to prevent gangrene or sepsis.
Surgical amputations can also occur as a result of serious frostbite incidents. Frostbite can damage tissue to such a degree that it can’t heal, and the only available option is to remove the body part.
What Is My Amputation Injury Case Worth?
If you were in an accident that resulted in an amputation, you may be able to file a personal injury claim if another party was negligent or behaved wrongfully. One important aspect of filing these claims is to demonstrate that the other party is liable for your losses.
It’s difficult to predict exactly how much you can recover; however, several factors can help determine what your case is worth including:
- Was another party entirely at fault, or was the victim partially responsible for the accident?
- What was the nature and extent of the injury?
- What is the projected recovery period for the amputation injury?
- Did the amputation injury result in permanent disability?
- Can the victim resume work after recovering from their injury?
Determining the value of your amputation injury case depends entirely on the facts surrounding the injury. You should speak with an experienced personal injury lawyer to determine what your amputation injury case could be worth.
What Compensation Can I Recover For My Amputation Injury in Freehold, New Jersey?
In New Jersey, amputation injury victims may be entitled to economic and non-economic damages. These damages are designed to compensate you for the losses you have suffered as a result of your amputation injury. Economic damages are readily identifiable and easier to quantify. Non-economic damages are somewhat more difficult to quantify but are just as important for your case.
Economic damages provide compensation for tangible losses that can be quantified. Examples of economic damages include:
- Out-of-pocket expenses
- Past and future medical bills
- Property damage
- Rehabilitative therapies
- Past and future lost wages
- Personal and/or nursing care
- Diminished earning capacity
Non-economic damages represent the more subjective losses that are harder to quantify. Non-economic damages may include:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Loss of consortium
An experienced personal injury lawyer will fight to ensure that you recover the compensation you deserve for your amputation injury.
How Long Do I Have to File an Amputation Injury Lawsuit in New Jersey?
In New Jersey, a plaintiff typically has two years to file a suit related to an amputation injury. The time to file begins from the date of the injury. If you do not file your lawsuit within two years from the date of the injury, then you could lose your right to recover money damages.
It’s important to act quickly after suffering an amputation injury. The sooner you contact a lawyer, the sooner the lawyer can begin gathering necessary evidence and building a case on your behalf.
Contact Our Personal Injury Lawyers for a Free Consultation
Going through a traumatic accident that leaves you with an amputated body part can be devastating. You may not know how to get the help you need to manage medical bills or address the loss of income that you may have suffered. By hiring a seasoned personal injury attorney at Noonan & McMahon, LLC, you can receive the assistance you deserve.
Our skilled team has over 40 years of experience fighting for justice on behalf of injury victims throughout New Jersey.
Contact an experienced attorney at Noonan & McMahon, LLC for a free case evaluation with an experienced Freehold personal injury attorney. You deserve to be compensated fairly for the pain, suffering, and financial losses caused by another party. Give us a call at (732) 303-7857.