- How do I know if a motorcycle helmet is acceptable under my state’s helmet law?
- In a case with multiple heirs, how are damages divided?
- Will My Health Insurance Coverage or Paid Sick Leave from Work Limit My Recovery For My Motorcycle accident?
- Is There Anyone Other Than the Drivers and Passengers Involved in a Motor Vehicle Collision That I Could Sue for My Damages?
- Will My Attorney Need To Retain Experts To Prove Liability And Damages Even Though My Injury Is So Obvious?
- Who can sue for an amputation injury?
Is it important to quickly investigate an accident, which results in an amputation?
- March 29, 2017
After a serious accident that results in an amputation, if it is absolutely essential that you quickly investigate the accident with the help of an experienced personal injury attorney. This is because evidence from your accident will likely disappear quickly. The sooner you can assemble a thorough case in your favor, the better your claim outcome will be and the faster you can receive the damages that you deserve.
Assembling evidence from the accident
There are several areas that will need to be investigated after an accident occurs. A personal injury lawyer can help you do this. You will want to get eyewitness accounts from the date of the accident, photos from the accident scene and the vehicles involved, photos of your injuries, a copy of the police report and any medical reports made that day and any other information that you can gather. It’s important to get this information quickly because you’d be surprised how quickly it can disappear. Cars get fixed, accident scenes get cleaned up and witnesses may be difficult to find.
Speaking with medical experts
In addition to investigating the actual accident quickly and thoroughly, your legal counsel will also want to speak with medical experts on your behalf. Retaining medical experts for your case can help prove that your injuries were painful and severe. Medical experts can sometimes speak to the way in which you got your injuries as well. This may be pertinent to the investigation of your accident, and it may be able to help prove who was at fault.
What if you were partially at fault?
Many individuals who have recently been in a serious accident that resulted in an amputation will never seek the help of a personal injury lawyer to see whether or not they can bring their case to court because they fear that their partial fault in the accident negates their entitlement to damages. But it is important to remember that in the state of California, you can still seek damages for an accident even if you are partially at fault. And if it is an accident that resulted in an amputation, you should definitely seek legal counsel to get these legal proceedings in order and file a case because an amputation is a serious injury that will radically change your life forever. Amputations are painful, emotionally difficult experiences, and they are also expensive both now and long-term.
What’s important in a case like this is thoroughly investigating the accident with the help of an experienced personal injury attorney so that you can prove partial fault in the other party involved. If you can do this, the judge or jury who evaluates your case may still find that you were, for example, 20 percent at fault for your case, and that’s okay.
That’s because in California, this would still mean that you are entitled to damages for the pain and suffering, expenses and loss of wages that you incurred because of your injuries and amputation. The claim awarded to you will simply be reduced by the percentage that you were at fault in the accident. For example, if you filed a claim for $100,000, but your judge or jury found that you were 20 percent responsible for the accident, you would receive $80,000 of your claim or $100,000 minus 20 percent.
Seeking the damages you are entitled to
If you have recently been in an accident that resulted in your need for an amputation, it is definitely important to quickly investigate exactly what happened and to figure out who was at fault and how much each party was at fault. You can only do this thoroughly with the help of a personal injury attorney who has worked in personal injury law and has experience in this area.
As soon as you can after your accident and once your initial medical needs have been met, retain legal counsel with a personal injury attorney so that they can help you investigate your accident quickly. The sooner you do this, the better because the evidence you require to prove your case can disappear over night. Talk with an attorney as soon as possible to get the compensation that you deserve.