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Seeking Damages for Amputation Injuries

Posted By Tom Rhodes Law Firm P.C. | 26-Dec-2017

Some of the most devastating accidents result in the entire loss of a limb for some individuals. What are called surgical never events are mistakes made by surgeons so egregious that, by their very nature, should never occur. Mistakenly amputating a limb, or amputating, the incorrect limb, is considered a surgical never event, meaning the surgeon committed such negligence they could be sued for medical malpractice.

Amputations can be devastating for people who have to experience them, but when the wrong limb is amputated, a person can be left without two limbs by the end of treatment. While one missing limb is hard enough, two missing limbs could prevent people from working a regular job at all. Not only can it stop you from earning a living, but it can be extremely traumatizing.

Because such injuries can affect someone for the rest of their life, cause financial strain on a family, and cause stress by preventing a person from working, Texas allows the victims of amputation or loss of limb to sue for non-economic and economic damages.

Amputations are considered a type of catastrophic injury, which means victims are likely to get higher damages than another type of personal injury case. This compensation is to make up for a lifetime of recovery and rehabilitation.

The state of Texas has a strict statute of limitation for filing claims, so as soon as you know you are injured, seek the advice of an experienced San Antonio catastrophic injury attorney. If the government was somehow responsible for your injury, you have an even shorter timeframe to work with (six months). Texas is also a comparative fault state, meaning your compensation will drop in correlation with how responsible you were. However, if your physician and medical staff were 100% at fault for your injury, you will receive full compensation.

Texas also has a limitation on how much you can recover for non-economic damages, such as pain and suffering. People can only collect up to $250,000 in such cases; however, they can receive more for economic losses, such as medical bills and rehabilitation costs.

If you need help filing a claim, speak to our skilled attorneys. They are dedicated to helping people seek compensation for injuries.

Call us at (210) 265-6543 today!

Categories: Catastrophic Injuries

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