When another person's recklessness causes such a devastating injury, you may wonder if legal action can help you rebuild your life. In most cases, yes.
At Dortch Lindstrom Livingston Law Group, we understand the profound impact of amputation injuries. Our Texas personal injury attorneys help injured individuals pursue amputation lawsuits to secure the compensation they need to move forward after such a life-altering experience. If you or a loved one suffered because of another party’s negligence, here are the facts you need to know to start this action.
Common Accidents Leading to Amputation
Several types of accidents can result in limb loss:
- Motor vehicle crashes with cars, trucks, large commercial vehicles, or motorcycles.
- Workplace accidents involving heavy machinery or equipment.
- Defective product incidents where malfunctioning tools or devices cause injury.
- Medical malpractice during surgery or treatment.
- Premises liability cases involving dangerous property conditions.
Each situation requires careful examination to determine if negligence occurred and who bears responsibility for your injuries. Our team has considerable experience in all these areas, so you can trust we’ll be with you through every aspect of your case.
What Must Be Proven in Your Case
For a successful amputation lawsuit, four key elements must be established:
- Duty of care. The defendant owed you a legal obligation to act responsibly.
- Breach of duty. They failed to meet this standard of care.
- Causation. Their actions directly caused your amputation.
- Damages. You suffered actual losses from the injury.
For example, if a drunk driver caused a car crash that led to your amputation, they breached their duty to drive safely, directly causing your injury and resulting damages. Our goal as your catastrophic injury lawyer is to investigate the incident thoroughly and provide critical proof supporting your amputation lawsuit.
What Types of Compensation Are Available in Amputation Lawsuits?
Texas personal injury laws enable victims to recover compensation for physical, emotional, and financial harm caused by another’s wrongful conduct, subject to comparative fault rules. In some cases, damages are capped, especially for non-economic or punitive awards, but here’s a general scope of what we’ll seek in your loss of limb injury claim.
Economic Damages
These cover financial losses such as:
- Medical expenses including surgery, prosthetics, and rehabilitation.
- Lost wages from time away from work.
- Reduced earning capacity if you cannot return to your previous job.
- Future medical costs for ongoing treatment and prosthetic replacements.
- Home and vehicle modifications to accommodate your disability.
Non-Economic Damages
These address the intangible impacts including, but not limited to:
- Pain and suffering from the injury and treatment.
- Emotional distress such as depression and anxiety.
- Loss of enjoyment of life when activities become impossible.
- Disfigurement from the visible effects of amputation.
The severity of your amputation and its impact on your daily life significantly influence the potential value of your claim.
Time Limits for Filing Your Lawsuit for Negligence
Texas law imposes strict deadlines for personal injury cases. Under Texas Civil Practice & Remedies Code § 16.003(a), you generally have two years from the date of your accident to file a loss of limb injury claim. Missing this deadline typically bars you from recovering compensation.
However, certain circumstances may extend this period:
- Discovery rule. In some cases, the clock starts when you discover the injury.
- Defendant's absence. If the responsible party leaves Texas, the statute may be tolled.
- Mental incapacity. Severe injuries affecting your mental state may pause the deadline.
When you trust Dortch Lindstrom Livingston Law Group with your case, we’ll act quickly to protect your rights and preserve crucial evidence for your case.
How Our Texas Personal Injury Attorneys Help You Move Forward After Amputation
While no amount of money can restore your limb, proper compensation provides the resources you need to adapt and thrive. Modern prosthetics, rehabilitation programs, and adaptive technologies offer hope for maintaining independence and quality of life. Amputation cases involve substantial damages and determined insurance companies. Having experienced legal representation like ours levels the playing field.
As former insurance company defense attorneys, we know exactly how to structure your amputation lawsuit to:
- Investigate your accident to identify all responsible parties.
- Gather evidence, including medical records, expert testimony, and accident reconstruction.
- Calculate damages in full to ensure you seek appropriate compensation.
- Negotiate with insurers who often try to minimize payouts.
- Prepare for trial if settlement negotiations fail.
Insurers know that you’re facing enormous expenses and may offer inadequate settlements, hoping you'll accept quickly. However, we anticipate this tactic and provide the critical facts that prove you have the right to hold the responsible party accountable and secure your future.