Finger Amputation Lawsuits
While the finger may appear to be a small portion of the body, losing one of your digits can often time be a traumatic experience that can cause damage that can last a lifetime. If you or a loved one has suffered from the damages of the amputation of a finger, you may be entitled to significant monetary compensation. At the top-rated Normandie Law firm, our accomplished team of finger amputation lawyers can assist you in filing a claim for compensation. If you have any questions after reading this article, please feel free to contact our top law firm for a free consultation with an experienced attorney.
Finger Amputations
Finger amputations, from a medical point of view, are relatively common and are performed by a wider variety of healthcare professionals. Finger amputation procedures are performed on patients who may have suffered from an infection, diabetes, or to prevent the spread of a disease. Depending on the severity of the amputation, children can re-grow parts of an amputated finger but is only possible if there is a bit of nail left over and if the wound isn’t sealed. Finger amputations aren’t always performed intentionally, however. In some cases, a finger is amputated due to medical malpractice or the misconduct and negligence of another. Some of the common causes of accidental finger amputation are listed below:
- Car Accidents
- Accidents at the workplace
- Burn Injuries
- Serious infection
- Frostbite
These are just some of the causes of a finger amputation, but accidental finger amputation can occur anytime and anywhere. Depending on how the amputation occurs a lawsuit can be filed against the party responsible for the damages. When pursuing legal action against an at-fault party, it is highly recommended that you seek adequate legal advice to help with navigating the complex details surrounding your lawsuit. The circumstances of an amputation can make the difference between suing a business owner for damages and suing a physician for a wrongful amputation procedure. An expert attorney who has experience in finger amputation cases can help you differentiate the claims.
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Finger Amputation from Defective Products
A defective product can lead to a finger amputation, and when this is the case, the company that manufactured or produced said product can be held liable for the damages. All companies are held under product liability laws. Product liability laws hope to ensure that defective products do not end up in the hands of consumers. These laws also make the process of filing a lawsuit relatively easier. Determining the liability in a defective product lawsuit is key to earning a successful claim for compensation. This process can often be a little tricky, however, as there can be multiple parties responsible for the production of any one consumer good. Depending on where the defect occurred, the company overseeing that stage of production can be held liable for the damages. 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 instances:
- Design Defects: Design defects often make the product inherently dangerous as they occur before the product is assembled. In these instances, the company that designed the product would be found liable for the damages. An incredibly severe design defect can result in the widespread recall of said product.
- Manufacturing Defects: Manufacturing defects occur during the assembly of the product. Manufacturing defects can be spread across an entire production line, or occur in only a handful of products. Whichever the case, the company responsible for the product’s assembly could be deemed liable for damages
- Marketing Defects: Marketing defects occur when there is a dangerous error regarding the marketing of the product. These type of errors include things like inadequate safety warnings, insufficient instruction, and improper labeling. If the injury is caused by a marketing defect, the company that organized the marketing could be deemed liable for damages.
If a defective product resulted in your finger amputation, call one of our experienced lawyers today.
Finger Amputation at a Construction Site
Finger amputations can occur quite frequently while working on a construction site. However, unlike any other employees, construction site workers, are eligible to collect benefits from workers’ compensation insurance as well as claim compensation from a finger amputation personal injury lawsuit. Construction site workers can file a finger amputation lawsuit against the general contractor, the sub-contractor, the manufacturer of construction equipment, or any other liable third party for damages. Bulleted below are some questions attorneys with experience in finger amputation cases frequently ask about construction site injury cases:
- 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?
Finger Amputations at the Workplace
Injuries at the workplace in most cases are covered by an employer’s workers’ compensation insurance. These injuries can range from bumps and bruises to finger amputations to severe chronic injuries. The benefits offered by workers’ compensation will typically cover any medical expenses and a portion of the wages that were lost as a result of the injury. A lawsuit can only be filed against an employer if one or both of the two following incidents occur:
- The Intent to harm: If the employer intended to cause you harm, or threatened to do so then they could be deemed liable for the damages incurred.
- Lack of Suitable Benefits: If the employer lacks the worker’s compensation insurance needed for their employees then legal action can be taken against them.
For more information, call a skilled lawyer with experience handling workplace finger amputation claims.
Finger Amputation from Medical Malpractice
A finger amputation is a fairly common surgical procedure that is used by physicians to treat things like severe infection, disease, and cancer. However, if a finger amputation procedure is performed negligently or a finger is amputated due to a physician’s malpractice a lawsuit can be filed. All surgeons, nurses, doctors and other healthcare professionals are expected to provide their patients with a standard of care that any other reasonable physician with a similar expertise would provide under similar circumstances. If this level of care is not upheld, such as wrongfully amputating a finger, or administering medicine that leads to amputation, that professional can be sued for medical negligence. A successful medical negligence lawsuit is based on the following key elements:
- Duty: The plaintiff (patient) must show that the defendant (physician) owed a legal duty to them.
- Breach of Duty: The plaintiff must show that the defendant breached this legal duty through specific actions or a lack of action
- Causation: The plaintiff must show that the defendant’s actions or lack thereof, caused the damages that the plaintiff is seeking compensation for
- Damages: The plaintiff must show that they have suffered harm in some way. This element of negligence is often proven through a presentation of medical bills or evidence of a loss of wages.
You can prove all of these elements with the help of a qualified lawyer experienced in finger amputation cases.
How Long Do I have to Sue for My Finger Amputation?
This is a very important question, as all claims are subject to a statute of limitations (a deadline to sue). Typically, failing to file claims on time could result in losing the right to sue altogether. Therefore, it is important for those who suffered finger amputations file their claims within the appropriate timeframe.
So, how long do you have to file your claim? This will be based on the type of claim that you are pursuing.
In general, personal injury claims (including car accidents, slip and fall accidents, trip and fall accidents, falling object incidents, defective product claims, etc.) are subject to a two-year statute of limitations, which gives claimants two years to file their claims.
On the contrary, medical malpractice claims are subject to a three-year statute of limitations, which gives claimants three years to file their claims.
If the incident occurred at work, the injured employee will need to file their workers’ compensation claim within one year of the injury. However, if the claim is unfairly denied, they must take prompt action to file an appeal – usually within one year. If the workplace injury is determined to have occurred because of the employer’s negligence, then the injured employee will be able to pursue a personal injury claim against their employer (within a two-year period).
Of course, it is also important to note that certain exceptions to the statute of limitations may apply, meaning that the deadline to sue may be paused for some time.
It is important to highlight that those who fail to file their claims on time can lose their right to sue entirely. Do not risk losing your right to sue because of a missed deadline.
To ensure that you have a thorough understanding of the time that you have to file your finger amputation claim, contact us today.
How Normandie Law Firm Can Help
If you or a loved one has suffered from the damages of a wrongful or accidental finger amputation you may be eligible to collect some, if not all, of the following forms of compensation:
- A loss of wages
- A loss of potential future income
- Any medical expenses
- Emotional trauma (PTSD, mental anguish, anxiety, etc…)
- Punitive Damages
Our finger amputation accident lawyers are more than ready to fight for your right to recover the highest payout available for your claim. Whether our experts have to negotiate a settlement or take your claim to trial to reach a verdict, you can trust that our team is ready to go above it all to secure the maximum payout available for your claim.
Ultimately, the value of these claims will be based on the facts surrounding the incident and the claim, including the total costs associated with medical care, the victim’s wage history and the time they were unable to work due to the injury, the psychological injuries resulting from the injury, and more.
If you have any questions about the specific type of compensation that you could receive or the possible value of your claim, contact us today.
Free Consultations
Our team here at the Normandie Law Firm has decades of experience and is ready to provide you with the guidance that you need to fight for your rights and get justice after an incident. If you file a claim with our law firm, our compassionate finger amputation attorneys can assist you in building your case, and file a claim for complete compensation of your damages. Our attorneys practice in all of California, including Los Angeles, San Diego, Orange County, Riverside, Bakersfield, San Francisco, Fresno, and Sacramento. Our law firm provides free consultations to all victims of accidents. Even if you have an attorney already, you can still contact us for a second opinion on your case. An attorney with expertise in finger amputation injury lawsuits will be able to talk with you.
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