The loss of a limb can affect nearly every part of your life, from your mobility and independence to your ability to work. When another person or company caused the injury, our Pasadena, TX amputation lawyer could investigate what happened and determine whether you may pursue compensation.
At Schechter, Shaffer & Harris, our catastrophic injury attorneys know that an amputation claim must account for more than the medical bills right after an accident. We could examine how the injury may affect your earning capacity and your future care so your claim accurately reflects your losses.
Establishing Responsibility
An amputation may happen at the scene of a traumatic accident or become necessary when doctors cannot save a severely damaged limb. These injuries often follow motor vehicle collisions or an accident involving defective machinery on a job site. Our attorney who serves Pasadena, TX could investigate and identify the at-fault parties after you suffered the loss of a limb.
A personal injury claim generally requires evidence that another party owed you a duty of care and breached it in a way that caused the injury. Depending on the facts, a liable party could be a careless driver or an employer that does not carry workers’ compensation insurance.
Identifying every responsible party matters because a serious accident may involve several negligent acts. A commercial-vehicle collision, for instance, could involve a driver who broke safety rules and a company that failed to supervise them. In such a case, we could review video footage and maintenance records to determine how your injury occurred.
What Compensation Is Available?
An insurance company may focus on your initial hospitalization, but an amputation can create costs and limitations that continue for decades. A well-developed claim should cover your current losses and the ongoing medical support your injury necessitates. Our limb-loss injury attorney in Pasadena could build your claim so it reflects your future needs. Depending on the evidence, recoverable damages may include:
- Emergency treatment, surgery, and rehabilitation
- Prosthetic devices, fittings, and ongoing maintenance
- Physical, occupational, and psychological therapy
- Lost wages and reduced future earning capacity
- Home or vehicle modifications and assistive equipment
- Physical pain, mental anguish, and disfigurement
Input from physicians and life-care planners could help us accurately calculate your damages. A prosthesis, for example, may require periodic replacement as your needs or the available technology change, so your claim should account for those recurring costs rather than treating the first device as the whole future expense.
Comparative Fault and Your Recovery
A defendant or insurer may argue that you contributed to the accident to reduce your claim’s value. As the state follows a proportionate-responsibility system, under Texas Civil Practice and Remedies Code § 33.001, you cannot recover compensation if your share of responsibility exceeds 50 percent. If the court determines your actions contributed to the accident by 50 percent or less, it can proportionately reduce your recovery.
Since fault directly affects compensation in Pasadena TX, our attorneys do not rely solely on the accident report or an insurer’s first assessment of an amputation injury. We could gather physical evidence and work with accident reconstruction experts to help show that another party bears far more responsibility than the insurer claims.
Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of your injury to file a personal injury lawsuit. This deadline may be different if your claim involves a governmental entity. Seeking legal counsel promptly helps preserve evidence and identify every potential defendant.
Call Our Pasadena, TX Attorney After an Amputation From an Accident
The impact of an involuntary amputation is not limited to one procedure or a single recovery period. Losing a limb can change how you work and care for yourself for the rest of your life, so your claim should address those lasting effects.
Our Pasadena amputation lawyer at Schechter, Shaffer & Harris could investigate the cause of your injury and pursue compensation from every responsible party. Contact us today to schedule a consultation about your situation.
