Losing a limb is a life-changing experience, even with so many new advancements in modern medicine and prosthetics. An artificial limb will never grant the same mobility you were born with.
Though there is no legal remedy that can undo the suffering you have endured, you may be entitled to compensation for loss of limb.
If you were injured in a car accident that was caused by someone else’s negligent behavior, they might be liable for your injuries.
This means you can receive loss of limb compensation either through an insurance settlement or by filing a personal injury lawsuit.
The team at Wells Call Injury Lawyers can help you fight for the compensation you deserve. Contact us today to get started.
What Is an Amputation?
An amputation is the surgical removal of a limb or extremity due to severe injury, infection, or other medical reasons. In the context of car accidents, a loss of limb often occurs when a limb sustains severe trauma that cannot be repaired, such as crushing injuries or irreparable damage.
Common Loss of Limb Injuries Associated With Car Crashes
Serious accidents involving cars, trucks, motorcycles, and other vehicles have the potential to cause a range of amputation injuries. These are some of the most common types of limb loss injuries caused by vehicle accidents:
- Loss of fingers or toes,
- Partial hand or foot amputations,
- Amputations at the foot or ankle,
- Below-the-knee amputations,
- Above-the-knee amputations,
- Below-the-elbow amputations, and
- Amputation of the entire arm at the shoulder.
There are other types of amputations that do not involve limbs, such as enucleation, which occurs when an eye is removed. You can also receive compensation for these types of amputations.
Loss of limb from a car accident generally occurs because of compression on an area of the body. This could result in the severing of the limb, irreparable damage, or a severe infection that requires amputation.
What Are the Complications of Amputations?
Amputations can lead to a range of serious complications that go beyond the initial trauma. Some of the most common complications include:
- Infection: The risk of infection at the surgical site is common, especially if the wound is not properly cared for or if there are complications during surgery.
- Phantom Limb Pain: This occurs when a person feels pain or sensation in the missing limb, even though it is no longer physically there.
- Prosthetic Limb Fitting Issues: Adjusting to a prosthetic limb can be difficult. It may take time to find the right fit, and complications can arise from poor fitting or discomfort.
- Joint Contractures: Joints near the amputation site may become stiff and less mobile, limiting the range of motion and affecting mobility.
- Emotional and Psychological Effects: Many amputees experience depression, anxiety, or other emotional challenges as they adjust to their new reality, which can impact their overall quality of life.
These complications can make the recovery process long and challenging. They often require ongoing medical care, rehabilitation, and emotional support to help the individual heal and adjust to their new life.
Filing a Claim for Loss of Limb
If you have been in a car accident in California, your first step is to file an insurance claim. California is an at-fault state, which means who caused the accident matters.
It is not uncommon for insurance companies to offer less than the amount your claim is worth. Many people do not realize they do not have to accept the insurance company’s offer.
The team at Wells Call Injury Lawyers can negotiate with an insurance company on your behalf.
Just as important, we can also help you determine the actual value of your claim taking into account your expenses, injury prognosis, pain and suffering, and more.
If a fair compensation for loss of limb settlement cannot be agreed upon, or the insurance policy does not cover all of your expenses, consider filing a personal injury lawsuit.
We are experienced in guiding victims through the California legal system and helping them recover loss of limb compensation.
For a free legal consultation, call (707) 426-5300
Compensation for Loss of Limb
Determining how much compensation for losing a leg is available to you can be difficult and will depend on the facts of your case.
California follows the rule of pure comparative negligence. This means that even if you were partially responsible for the accident that caused your loss of limb, you can recover some compensation.
However, your damages award would be reduced by your percentage of fault. For example, if the jury finds you 20% at fault, you can still collect 80% of your damages.
Average Settlement for Loss of Limb
The average settlement for loss of limb can vary widely based on several factors, including the severity of the injury, the circumstances surrounding the accident, and how the amputation impacts your life. In California, compensation is typically based on:
- Severity of the injury: The more extensive the amputation, the higher the potential settlement.
- Medical expenses: This includes the cost of surgeries, rehabilitation, prosthetics, and any ongoing treatments.
- Loss of income: If your injury prevents you from working or reduces your earning capacity.
- Pain and suffering: Emotional distress and the physical pain caused by the injury.
While there is no set “average” amount for a loss of limb settlement, working with an experienced personal injury lawyer can help ensure you receive fair compensation. An experienced injury attorney will evaluate the full extent of your losses, both immediate and long-term, and fight to prevent insurance companies from offering you a settlement that undervalues your case.
Car Accident Loss of Limb FAQs
How Long Does It Take to Settle a Loss of Limb Claim After a Car Accident?
The timeline for settling a loss of limb claim can vary, depending on the complexity of your case and negotiations with insurance companies. On average, it can take several months to a year. Having an experienced personal injury lawyer on your side can help expedite the process and ensure fair compensation.
Can I Still File a Claim for Loss of Limb If the Accident Was Partially My Fault?
Yes, California follows the rule of pure comparative negligence, which means you can still recover compensation even if you were partially responsible for the accident. However, your settlement amount may be reduced based on your percentage of fault.
Will My Settlement for a Loss of Limb Cover All Future Medical Costs?
While your settlement may cover medical expenses related to the accident, including surgeries and prosthetics, it’s important to consider future medical costs and rehabilitation. An experienced lawyer can help ensure your settlement reflects both current and long-term needs.
Trust Wells Call Injury Lawyers—Premier Personal Injury Lawyers in California
The team at Wells Call Injury Lawyers has been serving victims in Solano County, Sacramento, and the Bay Area for decades.
Since 1984, we have recovered over half a billion dollars for our clients. No two cases are exactly alike, and your situation deserves individual attention and a unique strategy to achieve the leg amputation compensation you need.
Call (707) 426-5300 or complete a Free Case Evaluation form
Where to find our Fairfield office