Who can sue for an amputation injury?
- March 29, 2017
Anyone can sue for an amputation injury if the accident that resulted in the injury was caused by someone else. If you have recently been involved in a bicycle, pedestrian or vehicle accident, it is important that you figure out who was at fault and seek damages if you are eligible.
Retaining legal counsel
In order to know exactly how to bring your case and file your claim, you need to get help from a professional personal injury lawyer. Making sure that you meet the statutes of limitations surrounding personal injury cases is essential, and investigating the accident will be another crucial part of working with a lawyer to bring your case.
Investigating the accident is mostly about gathering photographs, eyewitness accounts, medical records and police records from the date of the accident. When you have recently undergone an amputation for your injuries, doing all of this investigative work yourself is nearly impossible. Furthermore, evidence like car damage and eyewitness accounts from bystanders can disappear quickly. This is just another reason to retain legal counsel as soon as possible after establishing your health and safety.
Many people who have been injured in an accident and needed an amputation are unsure who to seek damages from. The answer to this is whoever was responsible for the accident. In most pedestrian, bicycle and vehicle accidents, the party at fault is the driver of the other vehicle. Passengers in the other vehicle may be responsible in whole or part for your injuries, pain and suffering and amputation as well.
In some cases, if you were injured in an accident as the passenger in a vehicle or motorcycle, you may be able to sue the driver of your vehicle or motorcycle for reckless or careless driving as well. Part of the investigation process will be figuring out who was actually at fault in your accident. Finding this out is easy in some cases, but in others, it’s more difficult, and that’s why seeking help from a professional personal injury lawyer is so important.
Another thing to keep in mind when suing for damages if that you can still sue even if you are partly responsible. Many people don’t know this. Individuals may get into an accident that requires them to go through serious surgery, such as in an amputation, but because they think that they are partly responsible for the accident, they never seek the damages that they deserve.
You must know that even if you are partially at fault for the accident occurring, you can still sue. This is because in the state of California, you can seek damages for the percentage of the accident that you were at fault for. For example, if you make a claim against the driver of another car for $100,000 because they were partially at fault for an accident that caused you to have to have an amputation, your judge or jury may find that you are actually 10 percent at fault for the accident. If this is the case, you would still be able to receive 90 percent of the $100,000 claim that you made for $90,000. You will simply receive your claim minus whatever percentage you were responsible for the accident.
Make a free consultation appointment as soon as possible
Most personal injury lawyers work on a contingency basis, which means that they will help you with your case, and if you win, you will pay their appropriate legal fees. But if you lose your case in the end, you won’t need to pay most of the fees that your lawyer would otherwise charge.
This is a decent situation for anyone who is hoping to seek damages for an unfair accident that caused them to need an amputation. Furthermore, most personal injury lawyers who work on a contingency basis will also see you for a completely free initial consultation so that you don’t have to pay anything to find out whether you have a legitimate case or not. If you have recently been in one of these accidents, contact a personal injury lawyer in your area as soon as possible to seek help for acquiring the damages that you deserve.