Losing a limb has a profound impact on your life. Even losing a finger or toe can affect your ability to work or do physical activities you once enjoyed. Recovery from an amputation can take months, including physical therapy to learn to use a prosthesis and emotional therapy to help you get used to the change in your body and your abilities.
If someone else’s negligence led to your amputation, you have legal rights. We can help you get justice, demanding the compensation you deserve to cover all your medical and rehabilitative care, diminished earning potential, and pain and suffering.
Contact Langdon & Emison at (816) 800-9871 for a free consultation with an experienced Kansas City personal injury lawyer.
What should I do after experiencing a traumatic amputation?
A traumatic amputation is the loss of a body part due to an injury or accident, usually the fingers, toes, arms, and legs. A traumatic amputation is a significant shock to your physical and emotional health. More than 40% of people who undergo an amputation develop post-traumatic stress disorder (PTSD), so your treatment plan should account for both physical and emotional healing.
Finding a comprehensive treatment team is essential for recovering and moving on from the accident. Your settlement should include covering the cost of:
- Physical medicine and rehabilitation doctor
- Physical therapist
- A prosthetist or orthotic expert
- Occupational therapist
- Rehabilitation psychologist
Recovery from a traumatic amputation differs from recovery from any other injury. You may have to re-learn basic skills to live independently or enjoy activities you once did. Working with an experienced Kansas City amputations lawyer can help you demand a settlement that covers all the costs of this specialist care.
How much does it cost to hire an amputation injury lawyer in Kansas City?
Like many other Kansas City amputation lawyers, the attorneys at Langdon & Emison work on a contingency basis. This means we only assess legal fees on the contingency we win your claim or reach a settlement with the party that caused your accident.
We cover the upfront costs of booking expert witnesses, investigating the cause of the accident, and building a case against the person or entity that caused your amputation.
How much time do I have to file a claim?
The Missouri statute of limitations for filing a personal injury claim is five years from the accident date. Bear in mind that in a traumatic amputation claim, the clock starts on the date the accident happened, not the date you had an amputation.
What kinds of damages can I claim?
Your Kansas City amputation attorney can file a lawsuit to help you recoup all out-of-pocket costs for medical care and physical therapy, your prosthesis and therapy to learn to use it, and any prescription medications you take. These are called economic damages, tangible losses that include lost wages, diminished earning potential, and property damage. If you need therapy to adjust to life with a missing limb, then your economic damages cover the cost of therapy sessions and other mental health care.
You’re also entitled to claim non-economic damages. These represent the effect of amputation on your quality of life and relationships. Non-economic damages include pain and suffering from the initial injury and your amputation, emotional trauma, and a reduced quality of life.
What are some common causes of amputation?
The most common causes of amputation are:
- Diabetes mellitus
- Peripheral vascular disease
- Neuropathy
- Trauma
Traumatic amputations account for about 45% of all amputations. These most often occur after:
- A car accident
- Workplace injury, especially in the construction, demolition, oil and gas extraction, or manufacturing industries
- Crushing injury
- Combat wound
What are some complications of amputation?
The body part may be reattached if the amputation is complete, although each case is different. If an accident victim suffers only a partial amputation, the body part may not be able to be reattached, as there may be too much soft tissue and nerve damage to repair. In that case, amputating the damaged tissue or limb may be medically necessary.
Whether the amputation was immediate, at the scene of the accident, or became medically necessary due to a high risk of infection or too much tissue damage, the complications are often the same:
- Bleeding
- Shock
- Infection
Complications from an amputation can be life-threatening. Consistent medical supervision as you recover from the initial amputation can decrease the chances that you’ll develop an infection. Other physical complications of an amputation include:
- Heart problems, including a heart attack
- Deep vein thrombosis, blood clots in a deep vein
- Phantom limb sensations and phantom pain
- Increased fall risk, especially for those who had a foot or leg amputated
- Uncontrolled or chronic pain
The long-term prognosis for each amputee differs. Early emergency medical care and high-quality critical care management vastly improve the long-term outcome for a victim of a traumatic amputation. Once the initial shock, bleeding, and infection risk have subsided and the patient’s stump has healed, a well-fitted prosthesis and physical therapy are necessary to learn to use it. This can help with recovery and rehabilitation, affording them the best chance of living a fulfilling life.
How do you prove liability?
Proving liability is the legal requirement of winning a personal injury claim. Your Kansas City amputation lawyer must establish that the defendant (the person or entity responsible for the incident that led to your amputation) owed you a duty of care and abandoned it. Your lawyer must also prove that the other party’s negligence caused you damages, like loss of earning potential and quality of life.
Building a case means gathering evidence to show that these elements are met. Your attorney may use:
- Photos of your injury and amputation site
- A video of the accident occurring or the scene afterward
- Eyewitness testimony of the events
- Your medical records illustrating how the injury occurred
- Expert witness testimony, like that of a medical expert, fiscal expert (to justify the settlement amount you demand), or an accident reconstructionist
- Safety records of the establishment where the accident happened (like your workplace or another facility)
We use fine points of Missouri personal injury law to establish the legal basis of your claim. It’s critical to properly value your claim since you may need lifelong care after a traumatic amputation. Replacement prosthetics and an orthotic expert in crafting a personalized one may be necessary, especially if the amputation happened to a youth who is still growing.
You may also need a year or more of occupational and physical therapy and mental health treatment, which your settlement should also cover.
An experienced Kansas City amputation injury lawyer may use experts to estimate the long-term costs you’ll incur as an amputee so they can properly value your claim. The at-fault party in the incident that caused your amputation can be held liable for all your losses, current and future. Our mission is to ensure you get the money to cover them.
Why it’s important to visit the doctor as soon as possible
Immediate medical care may not save your limb. Still, it can save your life and significantly reduce the risk of deadly infection.
Seeing a doctor and following the recommendations of your treating physician can also link your injury and amputation to the accident that caused it. Proving negligence and liability on the defendant’s part often rests on your medical records from immediate treatment after the incident.
Support groups and other resources for amputation patients in Kansas City
Many people who undergo an amputation underestimate the importance of a strong support network. The Langdon & Emison team is your legal advocate and strong courtroom advocacy network. Emotional and post-amputation support resources in the greater Kansas City area can help amputees and their families adjust to their new normal:
- The Amputee Coalition, the nation’s leading nonprofit supporting those living with limb loss
- Limb Loss Education Day, which offers high-quality patient education and recreation at a local level
- Amputee Virtual Support Group, where amputees can find peer support 24 hours a day around the world
- Steps of Hope, a nonprofit public charity dedicated to providing prosthetic care, hope, and comfort to amputees needing financial support
Our Kansas City amputation injury lawyers are ready to help
At Langdon & Emison, Kansas City amputation attorneys take your rights seriously. We want to help you get the compensation you need to relieve the financial burden on you and your family. We also help ensure you get the right medical and rehabilitative care to heal and move forward.
We offer a free initial case review; book yours with one of our lawyers by calling (816) 800-9871.
