The Amputee Coalition reports that approximately 83,000 victims in the U.S. deal with amputation accidents every year. Many of these incidents are preventable with victims suffering incredible physical, emotional, and financial harm.
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Personal Injury Law
Losing a limb is an unimaginable trauma, but whether you were in a motor vehicle collision, a serious work accident, or suffered due to medical malpractice any amputation is life-changing. Fortunately, New York law allows you to seek compensation for your losses. The claims process after an amputation injury can be highly complex, so it’s essential to work with an experienced amputation lawyer from the beginning.
With decades of combined experience and hundreds of millions of dollars recovered, Hecht, Kleeger & Damashek, P.C. are highly skilled New York personal injury lawyers. We are prepared to take on the challenges presented by any catastrophic amputation. Insurance companies and those at-fault will do whatever they can to limit your recovery, so make sure you have a team on your side who can assert your rights, provide you with peace of mind, and maximize your claim.
Discuss your rights and options in a free, no-risk consultation. Call 212-490-5700 or submit a request online.
Two Types of Amputation Injuries
- Traumatic amputations happen when the impact or physical factors involved result in a severed appendage like a limb, toe, or finger; and,
- Surgical amputation is when surgery is necessary to remove a part of the body that was so damaged that it must be removed.
How Loss of Limb injuries Occur
One of the most common scenarios where victims sustain amputations is in car accidents, where the impact can affect virtually any part of the body. Amputation injuries and severed limbs may also result from:
- Truck Collisions: The size differential between a semi and passenger vehicle means occupants could suffer various forms of amputation and other catastrophic injuries in an accident.
- Motorcycle Crashes: The unique design of a motorcycle puts the lower body and extremities at tremendous risk, which is why leg amputation is common in these collisions.
- Pedestrian and Bicycle Accidents: People on foot or a bike don’t have the protection afforded to other vehicle occupants, so severe accidents can easily lead to traumatic amputations.
- Slip and Fall Incidents: When property owners don’t keep the premises safe by conducting inspections and repairing dangerous hazards, guests and visitors can be seriously hurt.
- Medical Malpractice: It’s horrific to think that someone could experience a wrong limb amputation. However, medical errors happen when charts and records are switched or carelessly reviewed.
- Workplace Accidents: On-the-job injuries are frequent in industries where heavy machinery and dangerous work is performed. A construction site accident victim, for example, could easily suffer a partial finger amputation or a near-fatal leg amputation.
Filing an Amputation Claim for Damages
While the specific factors behind amputation injuries will vary, many accidents happen because someone was careless or negligent. Under New York law, such a claim is based upon the legal concept of negligence. To recover compensation for amputation related damages, you must establish:
- The responsible party had a duty to exercise reasonable care to avoid putting others at risk;
- That person or entity breached this duty through an action or failure to act;
- The breach of duty directly caused the accident in which you suffered an amputation; and,
- You suffered losses due to loss of limb or other body part.
Filing an Insurance Claim
Your first step in seeking amputation compensation is usually through filing a claim with an insurance company. Motorists, business owners, truck drivers, property owners, and others carry liability insurance to protect their interests in the event of an accident. When you file a claim, you should keep in mind that insurers are businesses like any other. They seek to maximize profits and minimize losses, so your claim is a threat to those objectives. You may face challenges when attempting to work out a finger, arm, or leg amputation settlement. For this reason, it’s important to retain an amputation lawyer who will put your interests first.
Litigation and Next Steps
If the insurer is unwilling to offer fair, reasonable amputation compensation to resolve your claim, you may need to file a lawsuit. Due to the complicated legal issues, New York statutes, and court procedural rules, you need solid legal counsel to represent you. An amputation attorney will navigate the complex litigation process, from filing the initial documents to aggressively negotiating on your behalf, and a full trial if necessary.
Compensation for Amputation Injury Victims
When you establish the essential elements of a negligence case, you’re entitled to recover compensation for your losses. The point is to reimburse you for various damages and attempt to return your life to what it would be had the accident never occurred. Therefore, you can seek monetary damages to cover:
- Medical Bills
- Lost Wages and Benefits
- Physical Pain and Suffering
- Emotional Distress and Mental Anguish
- Disfigurement
- Disability
- Reduced Quality of Life
- Reduced Earning Capacity
- Loss of Consortium
When you are dealing with an amputation injury that may keep you out of work for a lifetime, forces you to seek new employment, or has left you permanently unable to work, it is imperative to fight for every cent of compensation you are entitled to under the law. You may need this compensation to provide for yourself and your family.
It will obviously be difficult to put a dollar value on the ways your life is affected after a leg amputation, loss of a finger, or severed limb. You may need assistance with your daily routine, personal tasks, and transportation. Aside from earning a living and supporting your family like you used to, you may not be able to engage in the fun activities that brought enjoyment before your amputation injury.
At Hecht, Kleeger & Damashek, P.C., we will thoroughly investigate the accident to gather evidence and identify who is liable for your amputation injury. From there, we will work closely with you, your family members, your physicians, and when necessary, expert professionals, to document and calculate the value of your physical, psychological, and financial injuries.
To learn more about these damages and the potential value of your claim, either through a lawsuit or amputation settlement, schedule an appointment with our amputation lawyers right away.
Speak with a New York Amputation Lawyer
If you suffered any amputation or severed limb injury because someone else was negligent, reach out to Hecht, Kleeger & Damashek, P.C. to set up a free case evaluation. Our attorneys have decades of combined experience fighting for injury victims in New York City and have recovered hundreds of millions of dollars in compensation for people in situations a lot like yours. We’re happy to explain your rights and legal remedies after reviewing the details of your case.
Call us today at 212-490-5700, or contact us online to learn how we can help. There are no up-front fees, and you owe nothing until we win full and fair compensation for you.
CLIENT REVIEWS
05/01/2015
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike, HKD CLIENT
05/01/2015
“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…
5
Steven, HKD CLIENT
06/05/2019
I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…
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Anonymous, HKD CLIENT
07/05/2015
I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike W., HKD CLIENT
07/05/2015
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
5
Steven B., HKD CLIENT
07/05/2015
I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…
5
Wendy B., HKD CLIENT
07/05/2015
I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.
5
Eric G., HKD CLIENT
07/05/2015
After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…
5
Ryan G., HKD CLIENT
07/05/2015
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
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Michael R., HKD CLIENT
07/05/2015
I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.
5
Peter M., HKD CLIENT