Hand Amputation Injury Lawsuit
Roughly 2 million people in the U.S. live with the loss of a limb, and nearly 25% of those who have suffered from amputation have done so as a result of a traumatic accident. The loss of a hand can be a devastating experience that can bring on injuries that can last a lifetime. Amputation of the hand can lead to a severe loss of everyday capabilities, and while modern prosthetics can assist in treating those with a lost hand, these alternatives can be incredibly expensive and difficult to find alone. If you or a loved one has suffered from the damages of a hand amputation as a result of the intentional harm or misconduct of another, you may be entitled to collect significant monetary compensation. At the top-rated Normandie Law Firm in Los Angeles, our qualified team of top hand amputation attorneys can assist you in filing a lawsuit for the damages you have endured. If you have any questions after reading this article, please feel free to contact our law firm for a free consultation. An attorney who has experience in hand amputation cases will give you all the information you need.
Hand Amputations
Amputations of limbs and other parts of the body are typically common in the medical world. It is a procedure used to treat things like infections, diabetes, or cancer, and is widely used by a variety of healthcare professionals. However, there are many instances when hand amputations are unintentional and are instead caused by severe injury, malpractice, or the intent to cause harm. Some of the leading causes of hand amputation are as follows:
- Car Accidents
- Workplace Accidents
- Agricultural Accidents
- Firearm/Explosives/fireworks accidents
- Electrocution accidents
- Ring Traction Accidents
- Building and Car Door Accidents
These are just some of the incidents that can cause a hand amputation; in reality, hand amputation can happen anywhere at anytime. However, if the injury is caused by the fault of another, you could sue that party for the damages inflicted.
The key to any hand amputation personal injury lawsuit is determining who is liable for the damages. Determining liability in a hand amputation case can be difficult if you don’t know what to look 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. For this reason, it is highly recommended that you seek the assistance of an expert attorney who has experience handling hand amputation claims before proceeding with legal action.
Hand Amputation At The Workplace
Hand amputations and any injury at the workplace will almost always be covered by workers’ compensation benefits offered by the employer. These benefits often cover all the medical expenses as well as a portion of the wages lost from the injury. However, legal action can be pursued if one or both of the following elements occur within the case:
- The Intent of Harm: If the employer intended to cause the harm, injuries, or damage, or threatened to do so, then they could be held liable through a hand amputation lawsuit
- Lack of Suitable Benefits: If the employer lacks the appropriate workers’ compensation benefits for their employees then legal action can be taken out against them.
With the assistance of a skilled worker’s compensation lawyer experienced in hand amputation cases, you could receive a sizeable settlement and ample disability pay.
Hand Amputation at Construction Site
If a hand amputation occurs while working at a construction site, the worker is eligible for all the benefits collected from workers’ compensation insurance as well as any monetary support afforded to them by a hand amputation lawsuit. Unlike common employees, construction site workers have the option to file a claim for compensation against the general contractor, the subcontractor, the manufacturer of construction equipment, or any other liable third party. Below is a series of questions an attorney may ask about the 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?
Hand Amputation From Medical Malpractice
All medical professionals are expected to provide a standard of care for their patients. This standard of care is based on the level of care that any other reasonable physician with a similar expertise would provide given the similar circumstances. If a medical professional fails to uphold this level of care, they could have a medical malpractice lawsuit filed against them. The key to any successful medical malpractice lawsuit is to prove that the doctor, nurse, surgeon, or other healthcare provider acted negligently. Below are some of the key elements required in proving the negligence of a medical professional:
- Duty: The patient must be able to show that the physician owed some legal duty to them
- Breach of Duty: The patient must show that the physician breached the legal duty through specific actions or a lack of action
- Causation: The patient must show that the physician’s actions or lack thereof, caused the damages that the patient is seeking compensation for
- Damages: The patient must be able to show that they were harmed in some way. This can be proven through the presentation of medical bills or evidence of a loss of wages.
If you or a loved one has lost a limb due to a doctor’s negligent actions, you should enlist the help of an attorney with expertise in hand amputation injury lawsuits. You can receive ample compensation for a medical malpractice claim.
Hand Amputation from Defective Products
Hand amputations from defective products can also be met with legal action. All companies are expected to perform under Product Liability Laws. These laws make it so that defective products do not end up in the hands of an uninformed consumer. Product liability laws also make it easier for consumers to file lawsuits against production and manufacturing companies. To determine liability within a defective product personal injury lawsuit, it is recommended that you identify where the defect arose within the production chain. The company responsible for the specific defect(s) can be deemed liable for the ensuing damages. Bulleted below are the three stages in a product line where a defect can occur.
- Design Defects: design defects occur during the initial creation of a product. These defects make a product inherently dangerous as they occur before the product is even sent to the assembly line. In some cases, a design defect can lead to a full-scale recall of the product.
- Manufacturing Defects: manufacturing defects occur during the assembly of a product. These defects can be spread thin amongst a product line or can occur quite commonly resulting in a widespread recall. In this case, whichever company was responsible for assembling the product can be deemed accountable for the damages
- Marketing Defects: Marketing defects occur when there is a dangerous error in the product’s marketing. These defects can include things like inadequate safety warnings, insufficient instructions, and improper labeling. In these instances, the company which organized the marketing of the product would be held liable for damages.
One of our accomplished attorneys with experience in product liability cases related to hand amputations can help you file a lawsuit against the responsible party.
How Normandie Law Firm Can Help – Free Consultation and Zero Fee Guarantee
The damages endured from a hand amputation injury as a result of negligence or misconduct should not be fought for alone. At Normandie Law Firm, our experienced layers are committed to ensuring you receive all the resources possible to pursue and win your case. 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. Call us today to speak to an experienced attorney regarding your hand amputation case.