Losing a limb is one of the most devastating injuries that a person can suffer. The amputation may result from a traumatic event such as a car accident, or it may be a surgical amputation which is necessary in order to prevent further harm to a victim. The loss of a limb forces a person to change nearly every aspect of their life, including performing some of their most basic daily activities such as getting dressed, eating or walking.
If you lost a limb due to another person’s negligence, you may be eligible to pursue compensation for that loss. However, filing a personal injury claim and navigating the civil justice system in Virginia can be highly complex. For this reason, you should seek help from an experienced and knowledgeable catastrophic injury lawyer who will know how to fight for you and pursue all compensation that you are due.
At Lichtenstein Law Group PLC, we are ready to go to work for you. Our attorneys can bring nearly 100 years of combined litigation experience to your case. We prepare cases for trial, and we negotiate from a position of strength. To learn more about how we can help you, call or reach us online today and receive a free consultation through our office in Roanoke or Charlottesville.
Certain conditions and diseases can cause a loss of limb. Accidents can also result in these catastrophic injuries. A few of the most common accidents that result in lost limbs in Virginia include:
Even when accidents do not directly result in amputation, they can still result in a loss of function in a limb. For example, if a construction worker falls from a great height, the worker may suffer spinal cord damage that results in an inability to use their legs in the same manner they once did.
Proving fault in an amputation injury case is not much different than in any other type of injury case. You must investigate the accident which caused the injury and collect relevant evidence. This evidence can include physical objects, photos, camera footage, documents or witness statements. At Lichtenstein Law Group PLC, we depose witnesses and, often, we use subpoenas in order to obtain the documents and records which we need to find out why an amputation occurred and who should be held responsible for it.
Additionally, over our decades of practice, we have assembled a network of some of the most respected expert witnesses from Virginia and across the country. Their expert testimony can make a major difference in the development and outcome of a case.
For example, if a truck driver was accused of causing a crash that resulted in an amputation injury, our law firm may subpoena the driver’s cell phone records in order to establish whether the driver was texting and driving at the time of the crash. In Virginia, texting and driving is against the law. So, this evidence could prove that the driver broke the law and, in turn, caused an amputation injury due to his or her negligence.
After a loss of limb, accident victims can pursue both economic and non-economic damages. Economic damages have an actual dollar value. In this sense, they can be relatively straightforward to calculate.
Economic damages can include past and future medical expenses such as the costs of surgery, rehabilitation and assistive devices such as a wheelchair. These damages can also include lost income and loss of earning capacity. Damages for loss of earning capacity compensate accident victims for income they lose because they can no longer do the same type of work as they did before the accident. Many amputees can no longer work at all.
Non-economic damages include pain and suffering, emotional distress and a loss of enjoyment of life. These damages can be challenging to provide. At Lichtenstein Law Group PLC, we look at the full picture and establish non-economic damages by focusing on how the loss of a limb has changed nearly every aspect of a person’s life.
Many states allow accident victims to claim a portion of compensation even when they contributed to the accident. In these situations, each party is assigned a portion of blame. As long as the accident victim was less than 49 or 51 percent at fault, depending on the state, the victim may still be eligible to recover compensation.
Unfortunately, this is not how the system works in Virginia. Instead, our state follows the contributory negligence doctrine. Under this legal doctrine, when an accident victim is found to be even just one percent at fault for an accident, the victim may be unable to recover any compensation.
Insurance companies often try to use contributory negligence as a reason to deny victims’ bodily injury claims. At Lichtenstein Law Group PLC, we refuse to allow insurers to shift undue blame for an accident to our clients. We meticulously investigate and prepare cases precisely for this reason. You can be assured that we will be prepared to refute the insurance company’s arguments that you were responsible for your amputation injury, and we will aggressively fight back for you.
If you have suffered an amputation injury as a result of someone else’s negligence, our Virginia personal injury lawyers at Lichtenstein Law Group PLC, are ready to go to work for you. Aggressive preparation for trial is the hallmark of success in trial and negotiation. Our team of trial attorneys is recognized for that preparation, and we are ready to put in the hard work and long hours necessary for success on your behalf. Contact us today for a free consultation about your case.