St. Louis Amputation Injury Lawyer

Losing a limb or other body part is one of the most devastating and life-altering catastrophic injuries a person can suffer. For most people, the idea of losing a limb is unthinkable, yet nearly 40,000 traumatic amputations occur each year or about 45% of all amputations. While a medically necessary, well-planned amputation due to disease or a medical condition like diabetes is devastating, it’s even more catastrophic when an amputation results from a sudden, unexpected injury or due to medical malpractice.

What Is an Amputation Injury?

Traumatic amputations are life-altering events that result in the complete or partial removal of a limb. Amputation injuries occur to fingers, toes, arms, and legs. When a partial amputation occurs to a digit or limb it often requires complete removal by medical professionals to save the life of the amputee. Traumatic amputations typically require additional surgeries to preserve the remaining healthy tissue and nerves and prepare the limb for a prosthetic.

Amputees require ongoing medical care, including physical and occupational therapy as they adjust to life without the limb, often relying on prosthetics. Those who suffer from traumatic amputations may also require pain management for phantom pain and the discomfort caused by adjusting to a prosthetic.

What Can I Recover In an Amputation Injury Claim In St. Louis?

Living with an amputated limb is a life-altering change. Treating an amputation is also expensive and requires ongoing care. In many cases, an injury victim cannot return to work in their previous capacity. Although no legal process can repair a lost limb, a successful personal injury claim after a traumatic amputation can recover damages such as the following:

• Reimbursement for medical expenses
• Anticipated future medical costs related to the amputation
• Physical and occupational therapy costs
• Prosthetics and adaptive equipment costs
• Out-of-pocket expenses, such as for traveling to see a specialist
• Lost wages
• Future income loss
• Reduced earning ability
• Compensation for pain and suffering
• Catastrophic injury compensation for permanent harm

Recovering the full amount of compensation available to you helps to open the door to the best possible medical care, prosthetics, and therapies, while relieving the financial hardship associated with a catastrophic injury.

How Long Do I Have to File a Personal Injury Claim After an Amputation In St. Louis?

Missouri has a generous statute of limitations for personal injury claims, including for catastrophic injuries, such as traumatic amputations. Under Missouri 516.120., an injury victim has five years from the date the injury occurred to file a claim. Most states only allow two years for the personal injury claim process. However, it’s best to begin the process as soon as the full extent of the damages becomes clear, including the future impacts of a permanent injury like an amputation on all aspects of life.

If a claim requires a court, a judge will not hear the case if the injury victim files a lawsuit petition after the statute of limitations expires, unless the injury victim was a minor when the amputation occurred. A minor has up to five years from their 18th birthday to file a claim.

Who Is Liable for an Amputation Injury?

Most personal injury claims recover compensation for a victim’s damages through a claim against the at-fault party’s insurance company. Only when negotiations for a settlement with an insurer do not result in an acceptable offer or ends with a dispute or denial, does a case go to court for a lawsuit. The most common liable parties in amputation injuries include the following:

• Negligent drivers in car accidents
• Employers in workplace injury amputations
• Negligent property owners
• The manufacturer of defective equipment or mechanical tools
• Negligent doctors

Most amputation injury claims recover compensation through the at-fault party’s insurance company, such as an auto insurance company, property insurance company, medical malpractice insurance, or workers’ compensation insurance, depending on the cause of the amputation injury.

What to Do After a Traumatic Amputation In St. Louis

Few injuries are as shocking, painful, and frightening as a traumatic amputation or partial amputation. Injury victims face the risk of hemorrhaging, shock, and even death. Taking action may be difficult for the injury victim, but those nearby can take steps to help an amputation victim after an accident by doing the following:

• First, control the bleeding by applying firm, direct pressure to the wound. If possible, raise the body part closest to the amputation point to slow the flow of blood
• Call 911 to request emergency services
• Try to calm and reassure the injury victim as much as possible, and encourage them to remain still while you apply pressure
• Bring a blanket or coat to cover the injury victim to keep them warm and to help prevent shock
• If the amputation was complete, save the severed body part by first wrapping it in a clean, damp cloth and then placing it in a plastic bag
• Place the sealed bag inside a container filled with ice and water
• Be sure the bag with the severed part remains with the injury victim while they are being transported to the hospital

Even if cold water isn’t available to help preserve the severed part, wrap it in a clean cloth and keep it with the injury victim. Even without ice water, a limb may remain viable for up to four hours.

If it doesn’t compromise the injury victim’s safety, use a cell phone camera to photograph the cause of the amputation and anything relevant to the accident. Add the contact information of eyewitnesses. Then request an accident or incident report if the amputation occurred at work, on commercial property, or in a car accident.

Statistics on Amputation Injuries

The statistics on amputation injuries in the United States reveal the scope of this form of disability. About two million Americans currently live with limb loss. While 56% of amputees lose limbs due to vascular disease and cancer, the remaining amputations result from accidental trauma. Amputations cost Americans over $8.3 billion in medical expenses each year. The leading causes of traumatic amputations include the following:

• Accidental falls (36.2%)
• Traffic accidents (11.2%)
• Mechanical or equipment accidents (10.4%)

Traumatic amputations most commonly occur in workplace accidents, car accidents, pedestrian accidents, agricultural accidents, and due to military combat and explosions. Around 60% of amputation injuries are to the upper extremities and occur most commonly in those between ages 21 and 64. Males and minorities are more likely to experience traumatic limb loss than other portions of the population.

How Can an Amputation Attorney Help My Case?

The trauma of a sudden amputation injury is life-threatening at the scene, requiring emergency medical attention to stop the bleeding. It goes on to be a life-altering injury, causing disability, an inability to work in some industries, and difficulty accomplishing daily tasks and routines. Those who suffer amputation injuries often face financial hardship and ongoing medical expenses.

When the injury occurred due to another party’s actions or negligence, a personal injury attorney with years of experience in amputation injury claims can help achieve the best possible outcome in a claim against the appropriate party and their insurance company. Call (314) 413-2053, the amputation injury lawyers at Miller & Hine today so we can evaluate your case and take the prompt action needed to get results.