What Is The Average Settlement For Amputation?
Amputation is the removal of a limb. It can be a life-changing experience affecting a person’s ability to work, move, be independent, or socialize. Amputations arise because of various reasons. For instance, a doctor may perform amputation to treat a disease like cancer. Amputations also result from traumatic/catastrophic injuries. Estimates suggest that traumatic injuries account for approximately 45 percent of all amputations. Traumatic injuries are quite common in motor vehicle accidents. During a motor vehicle accident, a victim’s body part can be cut off, torn away, or severely damaged to the extent that it can’t be saved. Other incidents that can result in traumatic amputations include slip and fall accidents and medical malpractice.
In Florida, if another person’s negligence causes a person to lose their limb, the victim has the right to seek compensation. If you lost a limb because of another person’s negligence and are considering filing a compensation claim, you might be wondering, “What is the average settlement for amputation?” So, what is it? It’s impossible to state the average settlement for amputation cases since no two cases are the same. The value of a personal injury case involving amputation depends on the factors surrounding the case. A qualified personal injury attorney can assess the specifics of your case and estimate the value of your case.
Factors That Affect the Value of an Amputation Compensation Claim
The following are some factors that affect the value of an amputation compensation claim.
Type and Extent of Injuries
Any amputation is a catastrophic injury, and Florida courts understand the pain that comes with losing a limb. Nevertheless, some amputation injuries are more debilitating than others. For example, an amputated thumb may be considered more debilitating than an amputated pinky finger because of how important thumbs are for daily tasks. The more debilitating the amputation injury, the more compensation you can expect to recover. Also, if you sustained other injuries that required treatment, you can expect your amputation claim’s value to increase.
Degree of Fault
In Florida, personal injury cases are governed by the comparative negligence rule. As such, if it is determined that you are partially to blame for the accident or incident that resulted in you losing a limb, the damages you recover will be reduced by your percentage of fault. For instance, if you lost a limb due to a car accident and were awarded $800,000, but you were 25% to blame for your accident, your damages would be reduced by $200,000.
Impact on Your Life
The greater the impact the amputation has on your life, the more you can expect to recover in your compensation claim.
Policy Limits
Finally, how much the at-fault party has in insurance coverage can affect the value of your amputation compensation claim. Unfortunately, if the negligent party’s available policy limit is less than the value of your amputation compensation claim, you might not be able to recover the full value of your claim.
Contact Us for Legal Help
If you were involved in an accident or incident because of another party’s negligence and suffered an amputation, our Fort Lauderdale personal injury attorneys at The Pendas Law Firm are here for you. We can help you recover the compensation you deserve. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Miami, Ocala, Orlando, Bradenton, Daytona Beach, Fort Myers, Jacksonville, Naples, Tampa, Melbourne, and West Palm Beach areas.
Source:
hopkinsmedicine.org/health/treatment-tests-and-therapies/amputation#:~:text=Traumatic%20injury%20accounts%20for%20about%2045%25%20of%20all%20amputations