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Amputation is the surgical removal of a limb due to a medical illness or trauma. Amputation is a last resort for any medical team as the consequences have a permanent effect on a person’s ability to work and quality of life. Furthermore, it can have a psychological effect on a person’s mental health, often resulting in post-traumatic stress disorder (PTSD).
The aftermath of an injury where a limb was amputated requires months of rehabilitation, learning how to use a prosthetic and adjusting to their altered circumstances.
If the injury sustained which led to an amputation happened through no fault of your own it may be possible that you are eligible for a legal remedy. To find out more information or have any queries surrounding a specific topic you can get in touch and have a confidential discussion surrounding your situation with our team of legal professionals.
Traumatic amputation refers to situations where a sudden, violent and unexpected incident causes a person to lose a limb. In these cases, medical treatment is usually very quick to attend the scene of the accident. Thus increasing the person’s chance of recovery and in some cases, the limb may be reattached. In cases where the limb cannot be reattached, the amputee will generally have to undergo surgery. Amputations are common in the following accidents:
Surgical amputation is common practice in cases where the blood supply to the injured limb is lost which leads to a condition called ‘necrosis’ (where the cells in the tissue within the limb dies). Surgical amputation is generally considered a last resort and may be necessary after a traumatic injury where bone and tissue have been badly damaged to the point where reconstruction is not an option. It may be necessary on the day of the accident but in some cases, it may be necessary weeks later if the person does not heal. After necrosis sets in and their condition deteriorates and the limb loses its function.
A car accident of large scale can pin and trap a driver against a vehicle or any other obstruction. This means that the emergency services may have to amputate a limb to release an individual from a trapped area.
Some examples of road traffic accidents resulting in amputation have been:
Amputation injuries in the workplace, most commonly leg and arm amputations injuries in the workplace frequently occur in industrial or construction areas of work, such as building sites, warehouses, farms and those who work with dangerous machinery. The cause of these injuries is usually due to a lack of safety mechanisms being implemented, inadequate training, inadequate or lack of personal protective equipment or negligence of employers/employees. An example of this consists of no safety guards around dangerous machinery, a lack of supervision and adequate training supplied.
Amputation injuries can occur in the workplace because of the following causes:
In such cases, liability may rest on the employer if it is proven that they did not provide a hazard free working environment.
A person can suffer a serious injury to a limb and attempt to make a full recovery from it. However, the limb can experience an infection of a high strength which may result in amputation. The amputation prevents the infection from spreading around the body.
Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a personal injury solicitor to help you with this.
When you decide you want to move forward with your injury claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:
As a solicitor is aware of the injury claim process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
The most important document needed to prove your injuries is your medical report. The reason a solicitor will ask for your doctor’s details or if you have attended the hospital is so they can obtain all the medical reports required to pursue the case for you.
As soon as your solicitor has gathered all the information, your injury claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage, you have a choice to accept the Injuries Board assessment or reject it and move to the next steps.
At this point one of two scenarios will unfold:
a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.
b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.
At Tracey Solicitors, we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email firstname.lastname@example.org to tell us about your case.
We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.
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If you are to proceed with an injury claim you may be entitled to claim compensation for the injury and added expenses you may have incurred. These claims are called damages.
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident.
Special damages are out of pocket expenses incurred as a result of the injury, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the injury (for example, travel to and from the hospital). Learn more about Special Damages.
Material damage refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.Learn more about Time Limits
We draw on more than 30 years of experience in personal injury law to provide you with expert advice and legal services.
We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.
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