In recent years, Colorado has seen a troubling rise in the number of amputation cases. This increase is primarily due to the prevalence of accidents involving falls, vehicle collisions, and heavy machinery.
The consequences of an amputation extend far beyond the initial physical injury. Victims often face significant emotional distress, ongoing physical challenges, and lasting financial burdens.
At Levine Law, our Denver amputation accident lawyer is deeply committed to assisting those who have suffered an amputation, ensuring they receive the support and compensation they deserve during such a difficult time.
Understanding Amputation Injuries
Amputation is classified as a catastrophic injury, meaning it has severe and long-lasting effects on a person’s life. Amputations are often necessary due to serious injuries, infections, unbearable pain, or the progression of certain diseases.
In Denver, common causes of amputation include workplace incidents, automobile collisions, and even natural disasters. The road to recovery is long and arduous, often requiring extensive physical therapy, emotional support, and significant adaptations to one’s daily life.
For many, prosthetics become a necessary part of their rehabilitation, helping them regain mobility and independence.
Surgical Amputations
There are various reasons why someone may require a surgical amputation.
Medical Causes
Several medical conditions can lead to the need for surgical amputation. Peripheral artery disease (PAD) can cause critical limb ischemia, where blood flow is so restricted that amputation becomes necessary.
Diabetes is another significant factor, as complications can lead to severe infections requiring amputation to prevent the spread of the disease. In some cases, infections can escalate to malignant tumors or gangrene, making amputation the only viable option.
Traumatic Causes
Traumatic events are another major cause of amputations. Vehicle accidents, industrial accidents, and severe crush injuries often result in injuries so severe that amputation is required to save the victim’s life.
Denver’s roadways have seen many accidents leading to such drastic measures. In these cases, amputation is often necessary to prevent further complications or to save the individual’s life.
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The Different Types of Amputations
An individual can be affected by many types of amputations. These include:
Upper Extremity Amputations
Amputations of the upper extremities can range from finger amputations to more severe cases like forequarter amputations, where the entire arm, including the shoulder, is removed. Other types include:
- Shoulder Disarticulation: Amputation of the entire arm at the shoulder joint, removing the arm from the socket.
- Transhumeral (Above the Elbow): Amputation that occurs above the elbow joint, involving the removal of the arm between the shoulder and elbow.
- Elbow Disarticulation: Amputation at the elbow joint, removing the forearm while preserving the upper arm.
- Transradial (Below the Elbow): Amputation below the elbow, removing the forearm but leaving the upper arm intact.
- Wrist Disarticulation: Amputation through the wrist joint, separating the hand from the forearm.
- Finger Amputation: Removal of one or more fingers, partially or completely, from the hand.
Each type of amputation comes with its own challenges, particularly in mobility and the ability to perform daily tasks.
Lower Extremity Amputations
Lower extremity amputations are often even more life-altering. These can include hemipelvectomy (removal of part of the pelvis), hip disarticulation, transfemoral (above the knee), knee disarticulation, transtibial (below the knee), ankle disarticulation, and partial foot amputation. The implications of these amputations are vast, often requiring the use of prosthetics and extensive rehabilitation to regain mobility and independence.
The Trauma of Amputations
Globally, traumatic amputations are most commonly caused by vehicle accidents, workplace incidents, and natural disasters. In Denver, car, motorcycle, bicycle, and pedestrian accidents frequently result in the loss of limbs.
Workplace accidents in construction, manufacturing, and agriculture industries also contribute significantly to amputation numbers. Natural disasters, though less common, can also cause severe injuries leading to amputation.
Legal Options for Amputation Injury Compensation
Several options exist to help those affected by amputations get justice. These include:
Personal Injury Claim
Victims of amputation injuries have several legal avenues available to seek compensation. A personal injury claim can help recover compensation for your expenses, losses, and the pain and suffering from the injury.
This is where the help of a Denver amputation accident lawyer becomes invaluable, guiding victims through the legal process and helping them secure the compensation they deserve.
Product Liability Case
In some cases, amputations result from defective products. Victims may be able to file a product liability case against the manufacturer or distributor of the product that caused the injury. This can include faulty machinery, defective vehicles, or other improperly designed or manufactured products.
Workers’ Compensation
A study conducted over six years showed that more than 18,500 people suffered amputation injuries on the job across the United States. For those who have suffered an amputation due to an on-the-job accident, workers’ compensation may be available.
This can provide benefits to cover medical expenses, lost wages, and rehabilitation costs. However, navigating the workers’ compensation system can be complex, and having an amputation injury attorney in Denver by your side can make a significant difference in the outcome of your claim.
Building a Strong Case
Proving negligence is a critical component of any amputation injury case. To build a strong case, it is necessary to demonstrate that the responsible party had a duty of care, breached that duty, and caused the injury, resulting in damages.
Evidence is essential in this process, including obtaining police reports, medical records, and expert opinions. A catastrophic injury lawyer in Denver, CO, can help victims navigate this complex legal landscape, ensuring that all necessary evidence is collected and presented effectively.
When Should You File Your Colorado Amputation Injury Lawsuits?
Timing is crucial when filing an amputation injury lawsuit in Colorado. The state has a statute of limitations for personal injury cases, meaning victims have a limited window of time to file their claims.
Failing to file within this time frame can result in losing the right to pursue compensation. It is vital to consult with a Colorado injury attorney as soon as possible to ensure all necessary legal actions are taken within the appropriate time limits.
Handling a Claim For Work-Related Amputation
Dealing with the workers’ compensation system can be challenging, especially when trying to adjust to a life-altering injury like an amputation. Our workers’ compensation lawyer is dedicated to helping clients obtain the medical treatment they need, even when disputes arise over the choice of provider or the type of treatment required.
Understanding the benefits available under Colorado workers’ compensation laws is essential for ensuring that victims receive the full extent of their entitled benefits.
What to Do If Your Claim for Amputation Injury Gets Rejected
There are cases where insurance companies deny valid claims for amputation injuries. When this happens, reviewing the denial letter carefully is important to understand the reasons behind the decision.
Enlisting the help of an amputation injury attorney in Denver can make a significant difference in these situations. An experienced attorney can assist with filing an appeal or, if necessary, pursuing a lawsuit to obtain the compensation you deserve.
Pursuing Both Combining Workers’ Compensation and Personal Injury Lawsuits
In some cases, victims of amputation injuries may be eligible to pursue both workers’ compensation and personal injury claims. This dual recovery approach ensures that all aspects of the injury are fully compensated.
Determining the viability of a personal injury claim alongside a workers’ compensation claim requires careful legal analysis, something a catastrophic injury lawyer in Denver, CO, is well-equipped to handle.
Recoverable Damages in a Personal Injury Lawsuit
- Medical expenses
- Rehabilitation costs
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Prosthetic device costs
- Home modification expenses
- Loss of enjoyment of life
- Disfigurement
- Loss of consortium
- Ongoing medical care and future medical expenses
- Physical therapy costs
- Psychological counseling expenses
A Denver amputation accident lawyer can help calculate these damages and present a compelling case for maximum compensation.
FAQs
Some of the most common questions asked by victims with amputation injuries include:
Is It Possible to Settle My Amputation Case Without Going to Court?
Yes, many amputation injury cases are resolved through settlements without going to court. Settling out of court can save time and reduce stress, but it is important to have a lawyer review any settlement offers to ensure they are fair and comprehensive.
How Long Does It Take to Resolve a Case Involving Amputation?
The timeline for resolving an amputation case can vary depending on the case’s complexity, the availability of evidence, and the willingness of the parties to settle. An experienced attorney can provide a more accurate estimate based on the specifics of your case.
What Happens if the Party Responsible Doesn’t Carry Insurance?
If the party responsible for the amputation injury does not have insurance, there are still options available for compensation. Uninsured/underinsured motorist (UM/UIM) coverage, MedPay, health insurance, personal assets, and workers’ compensation are all potential sources of recovery.
A Colorado injury attorney can help navigate these complex options, ensuring victims receive the compensation they deserve even when the at-fault party lacks sufficient insurance coverage.
Why Hire an Amputation Injury Attorney in Denver?
Hiring a Colorado injury attorney is critical when pursuing an amputation injury claim. An experienced attorney can assist with evidence collection, damage calculation, and legal representation, all essential for securing the best possible outcome.
Whether negotiating a settlement or representing clients in court, a Denver amputation accident lawyer will be a dedicated advocate, fighting for the compensation you deserve.
Will Any Fees Be Charged Before the Resolution of My Amputation Case?
Most personal injury attorneys, including those at Levine Law, work on a contingency basis, meaning you will not be charged any fees unless your case is resolved.
Can Expert Testimony Enhance the Strength of My Amputation Case?
Expert testimony can be crucial in building a strong amputation injury case. Experts can provide valuable insights into the causes of the injury, the long-term impact on the victim’s life, and the appropriate level of compensation.
Can I Assign Liability to Multiple Parties for My Amputation?
Multiple parties may sometimes be held responsible for an amputation injury. This could include an employer, a manufacturer of defective equipment, or a negligent driver. Identifying all liable parties is essential for ensuring full compensation.
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Contact Our Denver Amputation Accident Lawyer
If you or a loved one has suffered an amputation injury, it is crucial to have an experienced legal team on your side. At Levine Law, our Denver amputation accident lawyer is dedicated to fighting for the rights of amputation victims and ensuring they receive the compensation they deserve.
Contact us today for a free consultation, and let us help you on your path to recovery.
