Monetary Recovery Steps After a Limb Loss Accident in Texas

Losing a limb in an accident isn’t just serious, it is completely life-altering. Despite the challenges you will face, our attorneys can help you recover compensation through a lawsuit.

Recovering money for your damages after an amputation accident can be a lengthy process. Not only are you likely still actively in treatment but it takes time to document all the affects your injuries have had on your life. Fortunately, our team can handle every aspect of your case. We will collect evidence showing the defendant’s fault and arrange for experts to testify as to the extent of your injuries. We will also identify every person that played a role in your injuries. Our goal is to make sure that you receive compensation that fully covers you current and future losses.

Call The Queenan Law Firm, P.C. today at (817) 476-1797 for a free case review with our Dallas personal injury lawyers.

What Are the Steps to Recover Compensation After Losing a Limb in a Texas Accident?

Few accidents are as devastating as those resulting in the loss of a limb. If someone else’s negligence took a limb from you, our Texas limb loss accident attorneys can help get the compensation you will need to recover and adjust. Most limb loss cases are the result of another person’s carelessness or recklessness. However, recovering compensation from the defendant can be challenging because of the extensive nature of the damages. Working with our team is the best way to work through each step.

Evaluating Your Case

We will start by assessing the merits of your claim. Considering how limb loss accidents happen, there is usually someone to sue. Once we have identified the defendant, we can prepare the complaint using the evidence we have collected so far and file it with the appropriate Texas court. This will take us to the “discovery” phase, where we can collect crucial evidence to use in your claim negotiations.

Throughout the process, we will make sure you understand how your claim is progressing and what information we need to prove your damages. Our attorneys know what evidence is needed to show the financial losses your limb loss injury has caused, as well as the harder-to-quantify psychological damages.

In many cases, we can negotiate a settlement that gets you money faster and saves you in legal costs. However, we are ready to present your case to a jury if that is what it takes to get the compensation you deserve.

Determining Who to Sue

While there are several ways to suffer an amputation injury, some causes are more common than others. How your limb loss injuries occurred will tell us a great deal about who to name in your lawsuit. In some cases, liability is not hard to determine, like in a car accident involving only two drivers or a workplace accident caused by a negligent coworker.

In other cases, it can be incredibly challenging to determine all the defendants. For instance, if you lost a limb on the job in a crushing accident, the fault could lie with the manufacturer of the product, the employer, or both. Even home products can cause catastrophic injuries if they do not have adequate warning labels attached. If the injuries happened on a construction site, we might need to sue the property owner or general contractor.

Other amputations are caused by surgical error rather than a traumatic accident. If your surgeon made an unforgivable mistake and amputated the wrong limb, we can file a claim for medical malpractice.

Gathering Evidence

The next important part of your limb loss claim is obtaining the right evidence. You will not only need evidence proving how the defendant caused your injuries, but you will also need to prove the extent of your injuries and their effects on your life.

In many cases, we use police and workplace reports to gather additional evidence, such as identifying witnesses. We can also use any photos or videos you took of physical evidence from the scene of your accident.

We will also get evidence from the defendant during discovery. Defendants in a lawsuit have a duty to turn over documents or other evidence relevant to deciding the case to our attorneys. This means if the defendant is your employer or a corporation, they will need to turn over evidence that relates to how your accident occurred and how their negligence caused it.

The defendant and important witnesses will also usually need to testify under oath during depositions. However, you typically have to, as well. Our lawyers can prepare for the questions you will be asked and will be there when the deposition happens.

Lastly, most limb loss cases require expert testimony to help the court understand complex issues. We might need to call on an engineering expert to explain the mechanism that injured you. In most cases, we will need a medical expert to explain your amputation injuries and how they will impact your life. Our team will make the arrangements so their opinion can be used in your claim.

Assessing Your Damages

While no amount of money can replace a limb, you can get coverage for your long-term needs and a measure of justice by filing a lawsuit. Our lawyers have the experience and skills to assess the numerous damages you will likely be able to claim in your case.

First, we will calculate your economic damages. This includes current medical costs, such as hospital costs, surgeries, prosthetics costs, medications, and many other expenses necessary to your recovery. We will add these costs to whatever income you have lost since you have been out of work, including calculating your reduced ability to work in the future.

Our attorneys will also assess your projected future medical needs so the estimate is included in your compensation. After losing a limb, you will likely be facing years of physical therapy and potentially more surgeries. You will also need replacement prosthetics from time to time, as well as modifications to your home and vehicle. Our team will make sure these costs are reflected in your claim.

Your claim should also cover your non-economic damages or “pain and suffering.” This is the compensation you receive for the emotional and psychological harm your injuries have caused. In a Texas amputation case, these damages can be substantial. We will fight for compensation that recognizes your loss of independence, loss in the enjoyment of life, and any humiliation the scarring and disfigurement have caused. We will help you document these losses and prove them in court.

Considering the gravity of a limb loss accident, we can usually claim punitive damages. These damages are rare and only awarded where the defendant committed intentional harm or gross negligence. However, our attorneys often find evidence of reckless behavior in these types of cases and can help you claim these damages.

Our Texas Limb Loss Accident Lawyers Can Help Get Justice for Your Amputation

For a free case evaluation with our Amarillo, TX personal injury attorneys, contact The Queenan Law Firm, P.C. at (817) 476-1797.