The toe may seem like a relatively small portion of the body, but losing a toe can be a traumatic experience for the victims who suffer from a lost toe. The repercussions of these injuries can last a lifetime. If you or a loved one has suffered from a toe amputation as a result of the misconduct or intentional harm of another you may be entitled to file a toe amputation lawsuit. At one of the top Los Angeles legal groups, Normandie Law Firm, our expert team of attorneys with experience in toe amputation cases have a long-running history of success with personal injury claims. Contact our top-rated law offices today, and we can discuss the incident, the damages, the aftermath and the best path towards claiming the compensation that you deserve. A skilled attorney with expertise in toe amputation injury lawsuits will be able to take your call.
Toe Amputations
Traditional Toe amputations are a relatively common procedure that is performed by a wide variety of healthcare professionals. In most cases, toe amputations are performed on patients who have a diabetic foot. Toe amputations are also performed to treat infections like gangrene or to remove dead or damaged tissue. Toe amputations are typically performed by general, vascular, and orthopedic surgeons, especially those that specialize in foot and ankle surgery. While toe amputation can be intentional and conducted by a professional, amputations can also occur due to malpractice, misconduct, or intent to cause harm. Some of these causes are as follows:
- Severe auto accidents
- Crushing injuries at a place of business
- Malfunctioning power equipment
- Poorly cleaned indoor environments
- Medication side effects
- Escalators
While these are just some of causes of toe amputations, accidental toe amputations can happen at anytime anywhere. If a toe amputation is caused by the misconduct or poor intent of another then that third-party can be held liable for the damages incurred. Listed below are some of the damages that you may find compensable when filing a lawsuit with our law firm:
- Loss of wage
- Loss of potential for future income
- Past & Future medical expenses
- Pain and suffering
- Emotional trauma such as anxiety, depression PTSD
- Punitive damages
The key to any toe amputation, or personal injury lawsuit, is determining who is liable for the damages. Determining liability in a toe amputation case can be difficult if you don’t know what you’re looking for. Who is liable or responsible for an incident can change the whole nature of the case, and can play a major role in the potential value of the settlement. An attorney who has experience in toe amputation cases can help you determine liability.
Toe Amputation from Defective Products
If you suffered a toe amputation from a defective product like a steel toe boot, you might be able to sue the company that caused the defect. Companies are all held under Product Liability Laws. These laws make it so that defective products do not end up in the hands of consumers. Product Liability Laws also make it easier for consumers to file lawsuits against production companies. Determining liability in a defective product lawsuit can be particularly tricky as a variety of companies are often involved in the product’s journey from design floor to retail shelf. Listed below are some of the areas wherein a defect in a product is likely to occur and who would be deemed liable in these cases:
- Design Defects: These defects often make the product inherently dangerous as they occur before the product is even brought to the assembly line. In these cases, the company that designed the product would be held liable for the damages. Design defects can also lead to a widespread recall of the product
- Manufacturing Defects: This form of defect occurs during the assembly of the product. These defects can be sparse amongst a production line, or widespread depending on the defect itself. In this case, whichever company was responsible for assembling the product could be held liable for damages.
- Marketing Defects: marketing defects occur when there is a dangerous error in the product’s marketing. These errors can include things like inadequate safety warnings, insufficient instructions, and improper labeling. In this case, the company that organized the marketing of the product.
If you were injured due to the malfunction of a product, contact one of our qualified attorneys who have experience handling toe amputation claims.
Toe Amputations at the Workplace
Any injury at the workplace, toe injury included, in most cases would be covered by the workers’ compensation benefits offered by the employer. These benefits will often cover medical costs and a portion of the wages lost from the injury. Legal action can only be pursued against an employer when one of the two following incidents occur:
- The intent of harm: If the employer intended to cause harm, or threatened to do so then they could be found liable for the damages incurred through a toe amputation lawsuit.
- Lack of Suitable Benefits: If the employer lacks the appropriate workers’ compensation benefits for their employees then legal action can be taken against them.
An experienced attorney will be able to help you sort out your worker’s compensation claim.
Toe Amputations at Construction Site
If your toe injury occurred while working at a construction site, you are eligible for benefits collected from workers’ compensation insurance. However, unlike most workers, construction site workers have an option to file a claim for compensation as well as collect workers’ compensation benefits. A construction worker can file a lawsuit against the general contractor, the sub-contractor, the manufacturer of construction equipment, or any other liable third party. Below is a list of questions one of our experienced lawyers may ask about your construction site injury:
- Who was responsible for safety procedures at the construction site?
- Were any industry standards, like OSHA standards, violated at the site?
- What was the nature of your injury? Was the injury sudden, or did it develop over time?
- Was the injury reported to your employer?
- Did the employer provide safety equipment to help prevent injury?
- Did the employer provide safety training for their workers?
- Have any other workers at the same construction site been injured similarly?
Toe Amputations from Medical Malpractice
Toe amputations are a commonly performed surgical procedure, they can be performed wrongly or can occur as a result of a misdiagnosis of treatment or medicine. Surgeons, nurses, doctors, and all other healthcare providers are expected to provide their patients with a standard of care that any other reasonable physician with similar expertise would provide in similar circumstances. If a medical professional fails to live up to this level of care, such as wrongly amputating a toe or administering medicine that leads to the amputation of a toe, that professional can be sued for medical negligence. Every successful medical negligence case requires a set of elements are proven. Those elements are listed below:
- Duty: The plaintiff (patient) must be able to show that the defendant (physician) owed a legal duty to them.
- Breach of Duty: The plaintiff must be able to show that the defendant breached this legal duty through specific actions or a lack of action.
- Causation: The plaintiff must be able to show that the defendant’s actions or lack thereof, caused the damages that the plaintiff is seeking compensation for.
- Damages: The plaintiff must be able to show that they have been harmed in some way. This element of medical negligence is usually proven through a presentation of medical bills or evidence of a loss of wages.
About Normandie Law Firm
The damages endured from a toe amputation injury as a result of negligence or misconduct should not be fought for alone. At Normandie Law Firm, our toe amputation attorneys are committed to ensuring you receive all the resources possible to pursue and win your case.
FREE CONSULTATION: As a further commitment to you and your case, all of our clients receive the benefits of a zero fee guarantee policy. Under this policy, you do not have to pay for our services until we follow through and win your case. In the unlikely event that we do not win your case, you don’t pay us anything. If you already have an attorney, don’t worry, contact our law offices today and our associates will provide you with their legal opinion free of charge. An accomplished lawyer experienced in toe amputation cases will be able to give you more information.
More Information
Los Angeles Leg Amputation Attorney
What Is the Average Case Value of a Finger Amputation Lawsuit?A
