What You Need to Know About Amputation Accident Personal Injury Claims

Did you know you can also file a civil lawsuit besides the worker’s compensation claim you get after an amputation accident? If the accident was a result of exposure to toxic substances, an assault, or due to using a defective product, you can! In such cases, you qualify for an additional payout that you can pursue by filing a civil lawsuit. Keep reading to learn more about civil lawsuits regarding amputation accidents.

Amputations resulting from workplace accident injuries are subject to workers’ compensation claims, product liability claims, and personal injury claims. Usually, people seek workers’ compensation claims from their employers. Workers also seek manufacturer product liability claims for injuries caused by malfunctioning or defective tools and machinery. However, people rarely claim personal injury claims.

What Is a Personal Injury Claim?

A personal injury claim is financial compensation for an injury caused by an individual’s or third party’s actions that led to injuries. These claims are usually only awarded after filing a civil lawsuit and winning in court. However, personal injury claims do not only apply to workplace injury amputations.

You can, however, claim them in case of medical malpractice. One can seek personal injury claims during the misdiagnosis or mistreatment of a severe illness that led to the amputation of limbs or other body parts. In this case, the main culprits tend to be cancer or diabetes.

Amputees can also seek personal injury claims in case of an automotive or pedestrian accident that led to amputation. If you are in a car accident and the guilty party caused you to end up crushed by the vehicle, thus losing your limbs, they are liable to pay compensation. Also, if you are a pedestrian and a motor vehicle drags you or runs over you, the personal injury claim covers the loss of limb and other body parts caused by this accident. Here, the vehicle driver that injured you is liable to pay compensation.

What Constitutes Fair Compensation?

Amputations impair one’s life permanently by reducing one’s earning capability, ability to do fun-filled activities, and daily activities such as driving, cycling, running, and many more. Amputations essentially ruin one’s quality of life. They can even lead to a complete loss of income. Additionally, one has to incur medical expenses to cater for counseling, medication, therapy, prosthetics, and surgery.

The compensation awarded is to cover the hardships that come from losing a limb. The judge will assess the claim and award or adjust it based on the case. More often than not, the plaintiff receives a fair compensation.

Can You Make a Personal Injury Claim Against an Employer?

Yes. According to OSHA, workers have the right to work in a safe environment without health and physical risks. Employees can report their employer to OSHA to request inspections if they fail to do that.

These safety guidelines showcase the importance of safety standards employers must abide by to protect employees. Hence, when your employer does not provide a hazard-free working environment or does not provide the necessary safety wear needed for the job, they are directly liable for any accidents that may occur.

Work With the Best Amputation Lawyers in New York

Looking for a law firm with years of experience fighting for injured workers’ rights is paramount under these circumstances. When you find yourself trapped in the legal complexities of an amputation event, you must partner yourself with the best in the field. Here is where The Perecman Firm P.L.L.C. at https://www.perecman.com/work-injury-lawyer/amputations/ steps in.

They are experts at handling all legal processes related to amputation accident claims. In addition, they offer free legal consultations for case reviews, and upon onboarding, they do not charge any legal fees unless you win the case. So, when seeking law expertise, select those with an unmatched track record and accreditations that speak volumes of their work.