Who can be held responsible for an amputation injury?
- March 29, 2017
When an accident occurs, the first order of business is to seek medical attention for any parties who are injured. Determining fault in the accident will come later on after the initial emergencies are taken care of. Here, we discuss who can be held responsible in an injury that results in amputation of a limb or limbs.
Who liability falls on
Depending on the type of accident, one party or several parties may be considered liable. For instance, in a motorcycle accident, the other driver may be at fault. The motorcycle rider may share some of that blame, but the motorcycle manufacturer may also be held accountable for the amputation of the injured. If a part of the bike wasn’t put together properly or damaged parts were used, these can contribute to the accident. If it can be proven that without that damaged part, the amputation probably wouldn’t have occurred, there can be a case against the manufacturer.
Property owners can sometimes be held accountable for injuries to others. For example, if this same motorcycle rider is driving across a parking lot and hits a large hole in asphalt, the bike can turn over on him. These things weigh a great deal, and the rider could lose an arm or leg due to this. In this case, the property owner not repairing the lot would have caused that accident, therefore, he can be liable for the amputation of the rider.
An attorney’s role
When someone has an accident of this magnitude, obtaining legal representation can be vital to their case. It is important to prove the negligence of another caused this person to have an amputation. An experienced attorney will know how to handle every aspect of the case to help ensure the rider gets what he deserves.
An attorney will thoroughly investigate the scene of the accident. He will check out the motorcycle to ensure there are no manufacturer’s defects that caused the accident. He will take medical reports, witness statements and police reports all into account. If needed, he will hire experts to recreate the accident to show exactly how the fault came to be.
Future needs for an amputee
The attorney will also not only ensure that the medical report shows what the injured party has gone through due to the accident, but it will show what he will have to go through in the future due to the accident, as well. When a person has an amputation, they have to learn to feed themselves and hold things without an arm. They must learn to walk again if they have lost a leg. Anything they normally did with that limb that was lost they must learn to do again. They also have to learn to use prosthetic arms or legs. This requires ongoing medical care and therapy.
The amputee will more than likely need some type of mental therapy due to the accident. They can become extremely depressed and possibly suicidal if they don’t receive the help. Families must also learn to cope with their family member who was injured. Their entire lives will change, and the time the amputee loses with family is of monetary value. Intimacy with a spouse is forever changed, and playing with children may no longer be a possibility.
Employment status is another factor. An amputee not only loses wages due to the accident and recovery, but he may never be able to work again. Depending on the severity of his injury and recovery time, he may become disabled for good. This will greatly affect the amount of income the family has coming in. A wife who normally stayed home with the children may end up back in the work force and hiring daycare facilities to care for the children.
When you suffer from an amputation from an accident that was caused by someone else, it is important to go about the process of proving liability correctly. You only get one shot at a claim, and you should get all that you deserve for now and for the life that is forever changed. Hiring an experienced attorney will help ensure that this happens.