Amputations
Amputations are among the most devastating outcomes that an accident 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.
Filing a Case After an Amputation
In Missouri, a victim has five years from the date of their accident 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 you may need assistance from a trusted personal injury lawyer.
Once you have filed your action, you will need to gather evidence that proves 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 similar circumstances. This standard incorporates various factors, depending on the context of the injury. We can advise accident victims on the specific standard that may apply to their situation.
In a car accident case, for example, a motorist’s duty encompasses any applicable traffic rules and regulations, such as speeding, yielding the right of way, and avoiding intoxicating substances. However, in a slip and fall case, a landowner has specific obligations to ensure that the property is free from unreasonable dangers.
The next element, breach, requires a plaintiff to show that the defendant did not fulfill that duty of care. This includes violating any laws, acting unreasonably, or engaging in reckless behavior that disregards 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. 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 categories of damages. The plaintiff may also seek compensation for pain and suffering and loss of earning capacity, while their spouse can file a loss of consortium claim, which seeks compensation for the loss of the victim’s companionship, love, and society.
Contact a Diligent Personal Injury Lawyer in Missouri
Trying to understand your legal rights after an amputation can be difficult and confusing, but the compassionate lawyers at the Law Office of Matt Uhrig can help you navigate the legal system. Our team proudly serves people throughout Missouri, including in Jefferson City, Ashland, and Columbia. If you believe that you could benefit from our legal services, feel free to schedule a complimentary consultation. We want to be on your team.