Amputation Injury
Many victims of amputation injury know that there are legal recourses out there, but they're simply not sure where to start. They're afraid that simply speaking to a lawyer is going to cost them money. Often they're not sure who exactly is at fault, as it may have seemed like an accident. Following are some answers to the most frequently asked questions about taking legal recourse when you are the victim of this type of injury.
Who can sue for an amputation injury?
Absolutely anyone who was the victim of an injury that caused an amputation can sue. This includes children and adults a like.
Who can I hold responsible for an amputation injury?
Many people think that unless there was someone there in person who directly caused their injury, they can't sue. This is simply not the case. First of all, it is not only direct action that causes these types of injuries. Often times it is a result of a specific non-action that should have been taken, or negligence. Second of all, manufacturers and corporations can be sued as well. They needn't have purposely created and marketed a product with the intention of hurting you. You simply need to show that they did not create the product with the proper safety protocol in mind.
What if I was partially at fault for my amputation injury?
The answer to this question will depend on the state in which you live. Many states are comparative fault states. That means that you needn't be solely at fault. If the accident was deemed to be ½ your fault and ½ the fault of another individual or a corporation, they are responsible for half of your medical bills and half of the money you're awarded for emotional distress, despite the fact that you were also at fault. If you want more information about the specific laws in your state, contact the Catastrophic Injury Resource center at 1-800-669-7700 or visit them online at http://www.catastrophicinjury.com.
How quickly should I bring my amputation injury case?
Again, this answer varies state by state. However, you'll generally have one year to bring your case. This can be extended under extraordinary circumstances, for example if you were in the hospital for more than a year following your injury. Minors will have until their 18th birthday to bring a case. However, those who are suing a government entity will have only 6 months to file.
It's likely that you'll have many more questions regarding your case. It's important to retain legal counsel as soon as possible to be sure that you are handling everything correctly and getting answers to all of your questions. An amputation injury is a terrible thing to experience, but there are ways to make those responsible be accountable. |