When it comes to serious injuries resulting from accidents, amputations are among the most devastating outcomes that a victim can face. An amputation is a permanent, life-changing result of another person’s carelessness and may have serious implications for the victim’s ability to continue working in their usual occupation, care for any dependents, and enjoy life to the same extent as before the accident. One of the most critical aspects of a situation involving an amputation is ensuring that your family and you receive the compensation that you deserve. This may require the assistance of a personal injury attorney who can vigorously advocate for you. Columbia amputation lawyer Matt Uhrig knows what it takes to bring a strong claim and is ready to fight for your rights.Seeking Compensation for an Amputation
In Missouri, a victim has five years from the date that their accident occurred to bring a personal injury action against the party that caused their harm. Calculating the exact date of your injury can be more complicated than it seems, and it often requires the assistance of a skilled personal injury lawyer. Once you have filed your action, you will need to gather evidence to assist you with proving the four elements of a negligence claim: duty, breach, causation, and damages. The first element, duty, requires you to show that the defendant owed you a duty of care at the time that the accident took place. In general, we all owe one another a duty to act with reasonable care and skill, similar to how a prudent person would behave when faced with comparable circumstances. This standard incorporates various factors, depending on the context of the injury. An amputation attorney can advise Columbia residents on the specific standard that may apply to their situation.
In a car accident case, for example, a motorist’s duty also encompasses any applicable traffic rules and regulations, such as speeding, yielding the right of way, and avoiding intoxicating substances. In a slip and fall case, by contrast, a landowner has specific obligations when it comes to ensuring that the property is free from unreasonable dangers.
The next element, breach, requires the plaintiff to show that the defendant did not act in accordance with the applicable duty. This includes violating any laws, acting unreasonably, or engaging in reckless behavior in disregard of the safety of others.
The third element, causation, is a critical step in any negligence case. Here, the plaintiff must show that the defendant’s failure to act with due care was the direct cause of the amputation that they sustained. The main concept is that the plaintiff would not have lost their limb if the defendant had acted reasonably, and the accident (although not necessarily the amputation) must have been foreseeable. Finally, the damages phase of the litigation requires the plaintiff to identify the scope and nature of the costs and losses that resulted from the accident. In the case of a severed limb or amputation, medical expenses and estimated future medical care costs are the most commonly requested category of damages. The plaintiff may also seek compensation for pain and suffering and loss of any earning capacity, while their spouse can file a loss of consortium claim seeking compensation for the loss of the victim’s companionship, love, and society.Contact a Diligent Amputation Lawyer in Columbia or Elsewhere in Missouri
If you were involved in an accident that resulted in an amputation or another type of serious injury, you should not hesitate to advance your legal right to compensation. Columbia amputation attorney Matt Uhrig has assisted victims and their families with obtaining justice after being affected by a devastating accident. We can represent you in each phase of the process, including collecting evidence, retaining expert witnesses to help calculate your estimated future medical needs, and negotiating with insurance companies. Call us now at 573-657-2050 or contact us online to set up a free consultation if you need a car accident lawyer or assistance with another type of personal injury case.