New York Amputation Lawyers
The devastating impact of an amputation can leave you and your loved ones reeling. No one anticipates that they will lose a limb in an accident, particularly if the accident involves someone else’s negligence. Amputation is far more impactful than just surgery and recovery. It represents a lifelong adjustment to the loss of a major body part.
At Block O’Toole & Murphy, our talented roster of lawyers has meaningful experience in helping clients who have suffered an amputation injury because of an accident. As a leading personal injury firm in New York, we fight aggressively to help our clients recover full and fair compensation for the devastating loss of a limb. With us on your side, you can rest assured that an experienced, trusted team of attorneys has your back and will never rest until we have recovered the maximum amount available.
What Causes Traumatic Amputations?
Amputations can result from a number of accidents, all of them vastly different. Typically, the accident either results in the limb being torn from the body or damages the limb so badly that removing it is the only option. Some of the most common causes of amputations include:
- Car accidents
- Motorcycle accidents
- Truck collisions and other commercial vehicle accidents
- Construction accidents
- Machinery accidents
- Scaffolding accidents
- Surgical errors
Some incidents that involve the loss of a limb are impossible to attribute to or blame someone else. However, others involve the negligent actions of another person or party. No one should have to endure an amputation, a life altering injury, because of someone else’s recklessness.
What Are the Damages I Can Seek?
In the legal world, the term “damages” refers to an amount of money owed due to an injury or loss caused by an act of negligence. The damages in amputation cases typically run very high due to the severity of the injury. Some of the most common damages we help our clients recover include:
- Surgical bills
- Hospital bills
- Doctor’s office visits
- Rehabilitative therapy
- Prosthetics and other medical equipment
- Prescription medications
- Lost wages
- Loss of earning potential
- Automotive repairs
- Pain and suffering
- Loss of quality of life, loss of enjoyment of life
- Punitive damages
We understand the toll that an amputation or other serious injury can take on your finances. You may struggle to pay not only your medical costs but also your usual bills and household expenses. The amputation may also have caused you to miss time at your job and may have robbed you of future earning potential.
We seek every bit of compensation available, so you have the money you need to move forward with your life. When you speak with us, we can give you a better understanding of what your case might be worth.
The personal injury lawyers at Block O’Toole & Murphy are known for their landmark results, which include $110 million and $32 million jury verdicts. All told, we recovered well over $1.5 billion for clients. Results in amputation accident lawsuits include a $14 million verdict in a Long Island auto accident case, a $9.95 million settlement for an upstate New York social worker, and a $7.3 million settlement in a Brooklyn construction accident case. To speak with an attorney today, please call 212-736-5300 or fill out our contact form.
The Various Types of Amputations
Every accident is different, as is every amputation. There are several varieties of amputations, from upper-extremity amputations to lower-extremity amputations. Some examples are:
- Partial hand amputation
- Partial foot amputation
- Wrist disarticulation, or amputation at the wrist
- Ankle disarticulation
- Elbow disarticulation
- Knee disarticulation
- Below-the-elbow amputation
- Above-the-elbow amputation
- Below-the-knee amputation
- Above-the-knee amputation
- Shoulder disarticulation
- Hip disarticulation
This staggering list is a testament to the too-common occurrence of amputations. No matter which part of the body was affected by an amputation, the result is pain, trauma, and years of adjusting to a new way of life.
Do I Have a Case?
Not every amputation meets the criteria for a personal injury lawsuit. Some serious injuries, after all, do not involve negligence by another party. You must have several factors present to have a viable case. First, you must be able to prove that another person or party behaved negligently and contributed to or caused your injury. Then, you must prove that as a result of this injury, you have financial damages that require compensation.
It is not always easy to demonstrate this to insurance companies, a jury, or a judge. You need a legal team that has handled many other personal injury cases successfully. At Block O’Toole & Murphy, we can sit down with you or speak with you over the phone to determine whether you have an actionable legal claim. If you do, we know how to put together a strong case on your behalf and present it persuasively, securing the maximum compensation legally available to you.
How We Prepare for Amputation Litigation
Our team never takes the easy way out. We strive to recover every penny available to you, even if it means fighting to the very end in court. With a roster of talented trial lawyers, including many former seasoned prosecutors, our firm is more than equipped to handle even the most complex cases.
At Block O’Toole & Murphy, we understand the complexities of personal injury cases involving amputation. Preparing for trial in a case involving the amputation of a limb requires the skills of a trial lawyer with significant experience. During the trial, it is essential that a jury is presented with evidence to establish how the injury was caused and to explain the complex medical issues that arise when a person suffers a traumatic amputation.
The lawyer that undertakes the important representation of a client with an injury involving an amputation must obtain, thoroughly review and master the extensive medical care and treatment detailed in the medical records of the injured client.
Why We Consult with Experts
Once those medical records are reviewed and digested, the attorney must then consult with various experts in order to establish a strategy of how to educate the jury on the anatomical structures involved, the medical treatment necessitated by the injury and how the injury may affect an individual’s life, including both their physical and emotional needs and the impact the injury will undoubtedly have on their activities of daily living and employment. Experts in various fields are essential in prosecuting an amputation case.
A trauma surgeon will be necessary to explain the anatomy of the human body, including the bones, muscles, ligaments and nerves affected, and the emergency procedures that were performed to stabilize the stump of the amputated limb, including any revision surgeries that were required to address neuropathic pain.
A physical medicine and rehabilitation physician will be required to describe the occupational and physical therapy modalities that are implemented to restore motor function, improve sensation deficits and improve or restore function. The physiatrist will also be able to detail the various medicines, medical equipment, residential and automotive alterations, and home care personnel that may be necessary.
Vocational experts will be able to explain vocational retraining that may be implemented in order to restore the injured person’s ability to return to the workforce, whether it be in the same or different field of employment. An expert in the field of economics is vital for the jury to comprehend the implications the injuries may have on the economic loss that is attributable to the injury sustained, including the lifetime cost of future medical care and the loss of income, benefits, and retirement income.
How We Present Evidence to the Jury
The trial lawyer must also carefully plan the manner in which the evidence will be presented to the jury. It will be necessary to develop a visual presentation to complement the testimony presented by witnesses.
This may include photographs of the instrumentality of the injury, medical diagrams of the human anatomy involved, medical illustrations depicting the medical care provided, including surgeries, as well as charts, graphs and other demonstrative evidence pertaining future medical care needs, income loss and loss in benefits and retirement income.
Only with a thorough understanding of the complex medical issues that are unique to amputation cases and a carefully crafted strategy for delivering information to a jury can a lawyer successfully deliver results to clients.
Why Work With Us?
Of the many personal injury law firms in New York, why should clients hire Block O’Toole & Murphy? The answer lies in our extensive list of positive outcomes. These successes speak for themselves. Simply put, we have recovered more than $1.5 billion in compensation for our clients. Our settlements and verdicts have broken records throughout the state.
In addition to our favorable track record, we have an entire team of experienced attorneys working on our side. Some of our team members gained invaluable court experience as prosecutors for various New York district attorneys’ offices. We have earned a reputation from peers, opponents, clients, and court officials for our professionalism and skill.
Act Quickly To Avoid the Statute of Limitations
New York State has a deadline for filing personal injury lawsuits, including those that involve amputation. In New York, you must file your claim within three years of the date of your accident. If you miss this statute of limitations, you lose the right to file a lawsuit to recover compensation for your damages. In some cases, the deadline for filing can even be less than three years.
For example, if you are a worker filing a workers’ compensation claim in New York for costs associated with your amputated limb, you only have 30 days to notify your employer of your injuries and intent to file a claim. Additionally, if you have been injured because of the negligence of New York State or New York City, you only have 90 days to file a claim notifying the government of your intent to sue. Regardless of the details of your case, the bottom line is the sooner you contact us after an accident or an amputation, the faster we can jump into action by helping you with your case.
Amputation Lawyers on Your Side
The personal injury attorneys at Block O’Toole & Murphy fight aggressively for victims who have suffered catastrophic injuries as results of others’ negligence. If you’ve been hurt in an auto accident, a work-related accident, or another accident that caused you to suffer a traumatic amputation, it’s important to understand your legal rights. Our lawyers offer free legal consultations to accident victims in New York and New Jersey and are here to help you determine the next steps. Our team has represented many clients who have sustained amputations after serious accidents. Results in amputation accident lawsuits include:
- $14 million jury verdict for a 23-year-old client who was riding a motorcycle on Long Island when he was hit by a truck making a left turn. As a result of the accident, our client suffered serious injuries requiring multiple surgeries, including a leg amputation. Our client could no longer work, as he could not sit for prolonged periods and could not participate in any work that required physical activity.
- $9.95 million settlement in an upstate New York case for a social worker who was loading groceries into her car when a commercial van careened into the parking lot and struck her. As a result of the crash, she sustained an above-the-knee amputation. She continued to suffer from discomfort and experienced phantom limb pain at night, which required several pain medications.
- $7.3 million settlement for a construction worker who was injured when a beam fell on him at a Brooklyn work site. As a result of the incident, he sustained serious injuries requiring multiple surgeries, including amputation of his right arm. He continues to suffer pain and will require long-term medical care.
- $2.5 million settlement for a client who suffered severe hand injuries requiring the amputation of three of his fingers after a work accident in downtown Manhattan.
- $1.4 million settlement in a Queens case for a carpenter injured in a saw blade incident on the job. He sustained complete amputations of the ring and middle fingers of his left hand.
- $1.35 million settlement in a Manhattan case for a 36-year-old construction laborer who suffered traumatic amputations of three of the fingers on his right hand after a work-related accident at a high-rise building. The doctors were able to reattach two of his fingers but were forced to amputate half of his pinky finger. He continues to experience sensitivity and loss of motion on that hand.
- $1.1 million settlement for a union ironworker who suffered injuries to his right hand after a steel grating fell on him at a Bronx construction site. As a result, he sustained amputations to the tips of his ring finger and middle finger. He was able to return to work in the construction field in a supervisory capacity but not as an ironworker.
To speak with an attorney today, please call 212-736-5300 or fill out our contact form. Our lawyers have served clients in New York City, Long Island, Yonkers, Buffalo, Rochester, Albany, New Rochelle, Syracuse, and throughout the state.