If you sustained an amputation injury in a motorcycle accident due to someone else’s negligence, contact The Benton Law Firm for a free case review. You might be entitled to compensation for your lost wages, medical care, and other expenses.
An amputation injury is traumatic and creates multiple challenges in daily life. An amputated finger or toe might not be as detrimental to physical functioning. However, losing a leg or arm requires rehab to relearn how to perform basic tasks.
At The Benton Law Firm, our Dallas motorcycle accident lawyers understand how devastating it can be to lose a limb or require surgical amputation after a motorcycle accident. You deserve to hold the negligent party liable and recover the money owed to you. Call us at (214) 777-7777 to learn more about how we can help.
Common Types of Amputation Injuries
According to the Amputee Coalition, two million people in the United States live with limb loss, with 45 percent caused by trauma. Around 185,000 amputations occur every year.
An amputation is the removal or loss of a body part. Two types of amputations can occur:
- Surgical amputation – A surgical amputation requires a doctor to remove part or all of a limb or extremity. Significant blood loss often requires amputation to save surrounding tissue and prevent further medical issues. If an infection or sepsis develops, amputation might be necessary to save the rest of the arm or leg.
- Traumatic amputation – A traumatic amputation involves the loss of a limb or extremity in a catastrophic accident, such as a motorcycle crash. Sometimes, surgeons can repair nerves and tissue and restore blood flow to the damaged area. If saving or reattaching the affected body part isn’t possible, doctors must remove it during surgery. The surgical approach after a motorcycle accident depends on the affected body part and the extent of tissue and bone damage.
Multiple types of amputation to the upper and lower extremities include:
- Elbow disarticulation – Removal of the lower arm at the elbow after it separates from the upper arm
- Partial hand amputation – Removing part of the hand
- Partial foot amputation – Removing part of the foot
- Above the elbow amputation – Cutting across the humerus to remove the lower arm, elbow, and part of the upper arm
- Wrist disarticulation – Removal of the hand at the wrist after it separates from the lower arm
- Above-the-knee amputation – Cutting across the femur to remove the lower leg, knee, and part of the upper leg
- Forequarter amputation – Removing the arm and part of the shoulder, such as the scapula and clavicle
- Shoulder disarticulation – Removal of the entire arm at the shoulder
- Pelvic amputation – Removing part of the pelvis and the entire leg
- Below the knee amputation – Removing the foot and part of the lower leg by cutting across the fibula and tibia
- Knee disarticulation – Removal of the lower leg at the knee
- Below the elbow amputation – Removing part of the lower arm by cutting across the ulna and radius
- Hip disarticulation – Removing the entire leg at the hip joint
- Ankle disarticulation – Removing the foot at the ankle
- Double amputation – Removal of both feet, legs, arms, or hands
Compensation for an Amputation Injury
Every motorist who lives in Texas must purchase auto insurance with liability coverage. If someone else caused a motorcycle accident that injured you, you could file a liability claim with the at-fault driver’s insurance company. You also have the option of pursuing compensation in a civil lawsuit.
The money you receive might compensate for your:
- Hospitalization, surgery, rehab, and other medical expenses
- Household assistance, such as childcare or laundry
- Pain and suffering
- Lost wages
- Lost earning capacity
- Mental anguish
- Physical impairment or disfigurement
- Property damage
You can also recover exemplary damages in a lawsuit. You must show clear and convincing evidence of the defendant’s malice, gross negligence, or fraud to be awarded.
Wrongful Death Lawsuit for Amputation in Motorcycle Accident
You might be entitled to compensation if your loved one died from a fatal amputation injury after a motorcycle accident. You can file a wrongful death lawsuit if you are the surviving spouse, child, or parent. The personal representative of the deceased’s estate can pursue legal action if no surviving family members file within three months of the death unless any family requests them not to file suit.
The money awarded in a wrongful death case compensates the surviving family for losses from the death, such as:
- Mental pain and anguish surviving family experienced due to the death
- Lost earning capacity
- Lost inheritance, including what the deceased could have saved and left to family members if they survived
- Loss of comfort, love, society, and companionship
- Lost services, maintenance, counsel, advice, and support the deceased can no longer provide
Statute of Limitations for Motorcycle Accidents
You must comply with state law to file a lawsuit against another person for causing your amputation injury in a motorcycle accident. The statute of limitations in Texas allows a two-year timeframe to file suit. That means you have two years from the crash date to initiate your lawsuit for compensation.
You could lose your right to hold the negligent party liable once two years pass. However, one exception can give you more time to pursue your case. If you are under a legal disability, meaning you are under 18 or of unsound mind, the two-year timeframe doesn’t start on the accident date. Instead, it begins when you gain mental competency or turn 18.
The statute of limitations for wrongful death also allows a two-year timeframe. A surviving family member or personal representative of the estate must file suit within two years of the deceased’s death.
Contact a Dedicated Dallas Amputation Injury Lawyer Today
A motorcycle accident can cause debilitating injuries. The damage from a severed limb might be too severe to repair. After a surgical amputation, adjusting to life without an arm, foot, or multiple limbs is physically and emotionally draining. The negligent driver or another at-fault party should be liable for the cost of treatment and other expenses.
The Benton Law Firm will protect your rights and aggressively pursue maximum compensation. Our legal team will fight by your side until the end. Call us at (214) 777-7777 for a free consultation if someone’s negligence caused your amputation injury in a motorcycle accident.