Legal Options for Victims of Accidental Amputation
Amputation of a limb or body part is one of the most devastating injuries a person can suffer, and this type of harm usually occurs because of trauma. A top cause is motor vehicle accidents in Alaska, including car, truck, and motorcycle collisions. Victims may also lose limbs or digits through bicycle and pedestrian accidents, as well as slip and falls. It may not surprise you to learn that workplace accidents rank high for amputations, and figures from the US Bureau of Labor Statistics (BLS) are proof. Every year, around 6,200 employees have days away from work due to work-related amputation.
The marvels of modern medicine have enabled many victims of amputation to thrive, but they still suffer physical, financial, and emotional losses. If you were hurt, it is possible to recover compensation through a personal injury lawsuit for these losses. An Anchorage catastrophic injuries lawyer will guide you through the legal process, and remedies may include:
Filing an Insurance Claim
With most accident cases, the at-fault party has liability insurance that pays damages to victims who are injured. Examples are auto, business, property, and homeowners’ insurance policies. If you are injured by amputation, you may file a claim with the responsible party’s insurer. There will be two important issues that you must prove:
- Negligence by the insurance company’s policyholder, i.e., the at-fault party; and,
- The nature and amount of your losses due to amputation, which will be significant.
Many accident cases settle by agreement of the parties, though you may need to go through additional steps if the insurer will not pay a fair amount.
Mediation
In some personal injury cases, the parties participate in mediation. Mediation is an informal session where the parties attempt to reach an agreement on the claim, discussing settlement in a structured format. A trained mediator oversees the meeting, helping to facilitate productive conversations. If mediation is not fruitful in producing an agreement, you can still go to court.
Litigation in Court
If settlement discussions and mediation do not result in an agreement between the parties, the next step is filing a lawsuit for an amputation accident. There are different stages you can expect when trying a case, and your lawyer will handle the critical tasks:
- Draft the complaint, file it in court, and serve the defendant with the lawsuit.
- Participate in pretrial activities in court;
- Filing and defending motions;
- Work through discovery, including taking depositions and presenting you for a deposition; and,
- Represent you at trial to present evidence, witnesses, and legal arguments.
Trust an Anchorage Catastrophic Injuries Attorney for Advice
When you have skilled legal help, you can recover a wide range of damages, including medical costs, lost wages, and pain and suffering. For additional details about your options after an amputation, please contact Power & Power Law at 907-222-9990 or via our website. We can schedule a free consultation at our offices in Anchorage, so an Alaska catastrophic injuries lawyer can review your case.