If you were in an accident and suffered an amputation injury through no fault of your own, you might be entitled to financial compensation. You could hold the at-fault party liable for the traumatic physical harm you endured. The Houston personal injury lawyers of Kherkher Garcia, LLP have over 30 years of experience handling cases like yours. We can provide the services you need to help you with an insurance claim or lawsuit and seek the compensation you deserve. You shouldn’t be responsible for the cost of your medical care, prescriptions, and other expenses resulting from the accident when it wasn’t your fault.
An amputation injury can be a traumatic experience. Losing a body part can inhibit your physical function and cause significant psychological damage. You might not be able to go back to work, take care of your family, or perform routine tasks. If you require ongoing care, it can become expensive and lead to debt. The negligent party that caused the accident should pay for the losses you suffered. You shouldn’t be forced to pay for anything out of pocket.
Accident victims are afforded certain rights if another person or entity was at fault for their injury. Kherkher Garcia, LLP could help you hold them accountable for what they’ve done so you can afford your treatment and get your life back on track. You will not be alone during this devastating period in your life. Our Houston amputation injury attorneys will remain by your side until the end.
Call us at (713) 333-1030 today for a free consultation and learn more about our legal services and the options you have for seeking compensation. We can provide the advice you need to make an informed decision about how to handle this ordeal. Do not hesitate to reach out to us after an accident. The sooner you seek legal representation, the sooner your lawyer can initiate a case and begin investigating.
- Why You Should Hire a Houston Amputation Injury Lawyer
- What Is an Amputation Injury?
- Common Causes of Amputation Injuries
- Compensation You Might Be Entitled to After an Accident
- Steps You Should Take if You Suffer an Amputation Injury
- How Kherkher Garcia, LLP Will Handle the Investigation
- The Texas Statute of Limitations
- How Modified Comparative Negligence Might Affect the Outcome of Your Case
- Amputation Injury Frequently Asked Questions
- Let Kherkher Garcia, LLP Help You Fight for Justice
Why You Should Hire a Houston Amputation Injury Lawyer
Sometimes accident victims decide it’s better not to hire an attorney. Amputation injuries can result in expensive medical bills and additional expenses that affect a person’s finances. If you worry about the cost of legal representation, you might believe you can’t afford a lawyer when you’re already paying for your medical care. This is especially daunting if you can’t work anymore and no longer earn an income.
At Kherkher Garcia, LLP, our Houston amputation injury lawyers believe everyone deserves quality legal services. You should not have to pay upfront fees or costs to pursue the compensation you need for your recovery. We work on a contingency fee basis, so you won’t owe us anything while we’re working on your case. We don’t collect any of our legal fees unless we secure compensation from the at-fault party for you. If we lose your case, you will never have to pay us.
Personal injury cases require a thorough knowledge of state laws, deadlines, legal documents, and procedures. Only a skilled and experienced legal team can build a solid case that achieves your goals. When you hire us, we will keep your interests in mind and find a way to meet your needs. You won’t have to face the insurance company alone. You will have us in your corner advocating for your rights.
Our Houston amputation injury attorneys are available 24/7 to speak with you when you need us most. You can reach us any time, day or night, to address your concerns or get an update on your case status. We know how important customer service is when you’re dealing with any legal matter. You can depend on us to be there for you every step of the way to provide the guidance and support you need.
What Is an Amputation Injury?
An amputation requires the surgical removal of a person’s body part, such as a leg, toe, finger, hand, foot, or arm. The most common amputation surgery is of the leg below or above the knee. However, any type of amputation could result from a catastrophic injury.
There are two main types of amputation injuries:
- Surgical amputations – Amputating a limb or extremity becomes necessary if there’s a loss of blood supply to that area. Tissue begins to die, and amputation might be the only option to resolve this issue.
- Traumatic amputation – A serious accident, such as a car wreck or oil rig explosion, can cause someone to lose a limb at the scene. Sometimes, the surgeon can reattach it without severe complications. However, if there’s too much damage, they won’t be able to do anything to treat the injury.
If you suffer a life-threatening injury where sepsis or an infection develops, amputation might be the best way to prevent it from spreading to other parts of the body. Partial amputation, such as removing part of the arm below the elbow, could save the rest of the arm if there’s a growing infection.
The type of amputation you will need depends on the severity of the injury and the affected body part. The different types of lower-limb amputations are:
- Transfemoral – Removing the leg above the knee
- Partial foot – Removing one or multiple toes
- Ankle disarticulation – Removing the foot at the ankle
- Hip disarticulation – Removal of the leg below the hip joint
- Below-the-knee – Removing part of the leg below the knee
- Hemipelvectomy – Removal of the whole leg, including some of the pelvis
Upper limb amputations include:
- Wrist disarticulation – Removing the hand and wrist
- Partial hand – Removal of the fingertips or parts of the fingers or thumbs
- Elbow disarticulation – Removing the forearm at the elbow
- Metacarpal – Removing the whole hand below the wrist
- Shoulder disarticulation – Removal of the arm, collar bone, and shoulder blade
- Transradial – Removal of the arm under the elbow joint
- Above the elbow – Removing the arm above the elbow
It doesn’t matter what type of amputation injury you sustained. If someone else caused it, Kherkher Garcia, LLP might be able to help you hold them liable. Do not hesitate to contact us for a free consultation. Let us begin working on your case so you can recover and move forward with your life.
Common Causes of Amputation Injuries
Multiple scenarios can lead to an amputation injury. Unfortunately, there’s no way to prevent a serious accident from happening. Loss of limbs often occurs during car accidents or in job industries involving heavy machinery and other hazards. However, they can happen in a broad range of situations. The most common reasons for amputation injuries are:
Accidents involving cars, pedestrians, bicyclists, and motorcyclists typically result from human error. Drivers must remain focused on the road and everyone around them to avoid a collision. The most common causes of car crashes are:
- Disobeying traffic signs and signals
- Failing to yield the right of way
- Driver distractions, such as cell phone use
- Unsafe lane changes
Commercial truck drivers are responsible for operating an 80,000-pound vehicle along various roadways and around small cars. An inexperienced or dangerous trucker puts everyone’s life and safety at risk. Unfortunately, trucking companies can also be negligent in causing accidents. The most common causes of truck accidents include:
- Driving beyond the maximum allowed number of hours
- Companies negligently hiring inexperienced or unqualified drivers
- Driving under the influence of drugs or alcohol
- Failing to maintain the truck adequately
- Failing to check blind spots before merging or turning
- Improperly loading cargo onto the trailer
Construction workers face dangers at their jobs every day. They encounter hazardous substances, electrical wires, sharp tools, and heavy machinery. Operating a forklift or working on scaffolding could lead to a life-threatening injury or death if someone’s negligent actions cause unsafe working conditions. The most common causes of amputation injuries at work are:
- Lack of guardrails on a raised platform
- Defective pipeline causing an explosion
- Malfunctioning piece of equipment
- Faulty wiring resulting in severe electrocution injuries
- Collapsed staircase due to violation of building codes
Manufacturers must assemble products to meet specific safety and quality standards. They must also test them for dangers that could cause the user harm. Failing to manufacture or market safe products for public use can lead to significant injuries or deadly diseases. The most common defective products that can result in amputations are:
- Defective parts in a motor vehicle
- Incorrectly assembled children’s products
- Unstable furniture
- Malfunctioning electrical components in household appliances
- Faulty recreational equipment
- Tools and machinery that lack safety devices
Some pharmaceutical drugs can contain inherent problems that cause injuries and illnesses to people who take them regularly over a long period. Some medications become contaminated with carcinogens or dangerous chemicals that can spread throughout the body and lead to diseases or life-threatening infections. The most common drugs that increase the risk of amputation in patients are used to treat diabetes. According to the EMA (European Medicines Agency), they include:
- Xigduo XR
Anyone could get hurt on someone else’s property. Whether you’re in a residential community or on commercial property, you could get hurt and suffer an amputation injury. The most common causes of premises liability accidents are:
- Malfunctioning escalators or elevators
- Swimming pool accidents
- Collapsed balconies
- Poor lighting
- Defective staircases
- Inadequate maintenance and repairs
If your amputation injury resulted from any of these or another type of accident, you’ll need a dedicated Houston amputation injury lawyer to assist you with your case. Kherkher Garcia, LLP can file an insurance claim or lawsuit on your behalf and seek the maximum available compensation to cover your rehabilitation costs, doctor bills, and other expenses. Contact us at (713) 333-1030 or online for a free consultation.
Compensation You Might Be Entitled to After an Accident
Amputation injuries typically lead to various expenses. Many people need surgery, physical therapy, assistive medical devices, and a home health nurse. The costs you incur can reach hundreds of thousands of dollars. It’s a significant financial burden to deal with and can lead to crushing debt if you can’t afford these bills.
When you pursue a case against the at-fault party, you can seek compensation for the losses you suffered, such as:
- Loss of household services
- Past and future medical bills
- Mental anguish
- Physical impairment or disfigurement
- Property damage
- Pain and suffering
- Lost wages
- Loss of future earnings
Since economic losses, such as lost wages, come with documentation showing the amount of money that has been lost, they’re easy to calculate. However, intangibles, such as pain and suffering, can be challenging to monetize. The value of your case will determine the amount of money you’re owed to cover these losses.
At Kherkher Garcia, LLP, we understand the importance of recovering the highest possible compensation, so you’re not left with out-of-pocket expenses. When we’re determining the monetary award you deserve, we might consider some of these contributing factors:
- Mental or psychological trauma experienced from the accident
- The total cost of medical treatment
- Availability of evidence proving negligence
- Type and severity of the injury
- Length of the recovery period
- Amount of available insurance coverage from the at-fault party
- The estimated cost of any necessary medical care or assistance in the future
- Time missed from work due to the injury
- Effect of the accident on quality of life
Our Houston amputation injury lawyers will be aggressive during negotiations with the insurance company. Our goal is to secure the largest settlement possible to compensate for your past and future losses. If the insurance company refuses to settle or denies your claim, we can file a lawsuit. We’re not afraid to stand up to intimidating insurance companies or defense attorneys. We will always fight hard for the justice that you deserve.
Steps You Should Take if You Suffer an Amputation Injury
No one ever leaves their home thinking they’ll end up in the hospital. It’s hard to imagine how you would handle an amputation injury. Accidents can upend a person’s entire life. In the immediate aftermath, you might be in shock and feel confused or disoriented. It can seem impossible to make the right decision when you’re in pain and suffering from a debilitating injury.
At Kherkher Garcia, LLP, we have over 100 years of combined experience handling personal injury cases. We know the effects an amputation can have on a person’s health and quality of life. It’s critical that you follow the rights steps to protect your rights so you have the opportunity to seek the compensation you need and deserve.
The first thing you should do is go to the emergency room. You can’t drive yourself, so you should call 911 so an ambulance can transport you to the hospital. Whether you lost a limb at the accident scene or require an amputation at the hospital, you will need surgery. You’ll need to go through rehabilitation and physical therapy to adjust to your new normal. When you lose a limb or extremity, learning how to physically function can be difficult. You have to get used to performing routine tasks differently.
It’s also crucial that you hire a Houston amputation injury attorney. You’re more likely to receive higher compensation with the help of a lawyer than if you try to handle your case yourself. When you’re dealing with an insurance claim or lawsuit, you could encounter obstacles you don’t know how to overcome. Additionally, you might not understand the state laws or legal process and make a mistake that leads to a dismissed case.
Maintaining records is another vital part of an amputation injury case. You should keep copies of every document you receive. Kherkher Garcia, LLP can obtain the evidence we need to prove what happened to you, but it could be helpful if you forward anything you have to us. There might be a record of an appointment you forgot that you attended. If we have a copy of that doctor’s bill, we can request records for that treatment date.
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How Kherkher Garcia, LLP Will Handle the Investigation
Avoiding an accident is nearly impossible. They’re part of life. Sometimes, an accident is just an accident. It’s no one’s fault. However, there are times when someone’s negligent or careless actions lead to an entirely preventable situation that causes severe injuries.
When you hire Kherkher Garcia, LLP, our Houston amputation injury lawyers will immediately investigate the accident. We will need to gather evidence to prove who was at fault and the extent of the injury you sustained. Evidence is critical in personal injury cases. The proper documentation can show a timeline of your treatment, the exact date of the accident, the costs you incurred, and other relevant details.
The evidence we collect will depend on the circumstances of your case. Examples include:
- Physician statements
- Police/incident reports
- Medical records, prescriptions, bills, and other evidence of expenses
- Pictures from the accident scene
- Video surveillance
- Photos of visible injuries
- Statements from eyewitnesses
- Copies of the at-fault party’s insurance policies
- Lost wage reports
- Bank statements, receipts, and other documents showing out of pocket expenses
After completing the investigation into the accident, we can submit all the evidence we found to the insurance company. We’ll negotiate with them for the full and fair settlement you need to cover your losses. Unfortunately, insurance companies are never on the claimant’s side. Their goal is to avoid paying out large settlements to save money. If we can’t secure the settlement we believe you deserve, we will need to move forward with a lawsuit and litigate your case in court.
Cause of Limb Amputation Injury
Rate of Upper Limb Amputation per 100,000
- Upper Limb
Texas Statute of Limitations
You must follow a statute of limitations if you want to sue someone in Texas. This is a strict timeframe for pursuing legal action against another person in civil court. The statute of limitations for personal injury cases is two years. That means you have two years from the date of the amputation injury to file your lawsuit if you want to seek compensation in court. Judges typically dismiss any case filed after the two-year timeframe has passed. That’s why it’s essential that you begin the legal process immediately after the accident.
The only two exceptions to the statute of limitations that could pause the clock and delay the deadline are:
- You are of unsound mind. The clock would stop and not start again until you gain mental competency.
- You were under 18 years old when the accident happened. You would have two years from the date you turn 18 to file your lawsuit.
Extending the statute of limitations can be a complex process. You need to prepare the appropriate legal documents and file them with the court. It would be best to hire a lawyer to assist you with this process to avoid any complications.
How Modified Comparative Negligence Might Affect the Outcome of Your Case
Modified comparative negligence, known as proportionate responsibility in Texas, is a statute that reduces an injured victim’s monetary losses by the percentage of fault they share for an accident. When you file a lawsuit, the jury will review all the facts and assign fault to each party. If they find that your actions partially contributed to the accident, they could diminish your financial award.
For example, if you end up with $300,000 in losses due to your amputation injury but the jury determines you were 20 percent at fault, you could only recover up to $240,000 in compensation. That’s much less than you need to compensate for your total losses. Additionally, this statute prohibits the victim from seeking compensation if they are more than 50 percent to blame for the accident.
Amputation Injury Frequently Asked Questions
Kherkher Garcia, LLP wants to prepare you for the legal battle you face. There might be complications, roadblocks, and delays while you’re attempting to secure an insurance settlement or favorable jury verdict. We have answered some of the most common questions clients ask us following a debilitating accident. Please feel free to contact us if you want to discuss your case or ask a question that isn’t included below.
Let Kherkher Garcia, LLP Help You Fight for Justice
The Houston amputation injury lawyers of Kherkher Garcia, LLP are ready to take on your case and help you pursue legal action against another person for their misconduct. We know how much you’ve had to deal with since the accident. You’re coping with what happened, relearning how to go about your daily routine without one or multiple limbs, and trying to move forward as best you can. Even if you can manage the pain and find a way to function without your limb or with a prosthetic, you might struggle with the emotional impact of the accident for the rest of your life.
At Kherkher Garcia, LLP, our legal team will take the time to get to know you and develop a strategy that can achieve your goals. You will receive the personalized attention you deserve while we’re working on your case. We will treat you as a priority throughout each step of the process from start to finish. You can count on us to be there for you in your time of need, so you don’t have to face the insurance company or defense attorneys alone.
If you suffered an amputation injury in or because of an accident that wasn’t your fault, contact Kherkher Garcia, LLP to discuss your case. One of our Houston amputation injury lawyers will be happy to meet you for a free consultation to advise how we can help. Call us at (713) 333-1030 right now.