Important Points About The Laws Regarding Amputation Injuries

In the United States every year, there's an abundance of people who suffer with amputation injuries. Much like burn injuries, amputation injuries can easily be devastating for the victim and their family. This type of tragic injury can easily change someone’s life in a multitude of ways. Thus, those who are injured have the right to seek compensation when they're a victim of an amputation injury.

Types of Amputations:

There are two main types of amputations (upper and lower). The amputations which fit in the upper variety include amputation of arms, elbow, wrist, hand, finger or shoulder. Lower amputations include amputation of legs, ankles, feet, toes or hip.

Accidents Commonly Involving Amputations:

While there's an abundance of different accidents which might result in a victim requiring amputation or experiencing tragic amputation, the most common amputations are due to medical necessity, accidents, crime related events, defective product injury, work related injuries or car accidents.

Legal Liabilities Connected With Amputations

Liability of Premises – Premises liability includes a limb loss due to property danger. If someone loses their limb due to an unsafe area of a property, the owner of the property can be held accountable. This is due to the fact the owner must maintain the safety of the property at all times. Even if the owner issues warnings, they can easily still be held responsible for any injuries which occur.

Liability of Product - In this type of legal case, the loss of a limb is a result of a defective product. These types of lawsuits tend to be directed at the manufacturer of the product or the commercial vendor of the product. They are held under a strict liability case, which depends upon four main points of evidence:

* The case will examine whether the manufacturer upheld their obligation to create a safe product.

* The defects present are “unreasonably dangerous”.

* Defects caused injury.

* The product wasn’t changed from its original manufactured state prior to the injury occurred.

Liability #3: Negligence – While these are less common due to most employees being unable to sue their employer for injury due to the fact they sign a no-fault liability form, negligence liability cases may occur. These are usually created when the situation involves an intentional act of injury or danger initiated by the employer.

While negligence cases are not as common, injured workers may seek Workers Comp which is no-fault. It's used to help with financial burdens which accompany an injury and to give compensation if the injured person suffers with pain and suffering (physical or emotional).

There are four types of compensation a claimant can easily gain for past, present or future issues.

1) Medical care (past, present and future)
2) Rehabilitation Compensation (Vocational)
3) Temporary Disability (past, present and future)
4) Permanent Disability (past, present and future)

If you or a family member has been a victim of an amputation injury, seek a professional’s help immediately. You deserve to be compensated for your injury!