An amputation is a catastrophic injury that not only changes a person physically; it can also alter their perception of themselves and cause mental health issues. Knowing where to start navigating the process of physically, mentally, and financially healing from an accident and amputation injury can be challenging. More than ever, they need quality medical care, moral support, and aggressive legal representation.
At Cain Law, we pride ourselves on being compassionate amputation injury law firm, advocating for clients while providing support and assurance. We have over 100 years of combined legal experience that we leverage to strategically pursue maximum compensation for amputation on your behalf.
Contact our Oklahoma City office today and request a free consultation with an experienced amputation injury lawyer. We are ready to fight for you immediately.
Why You Need an Amputation Injury Attorney in Oklahoma City
For over 30 years, Cain Law has safeguarded the rights of injured victims and their families. By preparing every personal injury claim as if it will go directly to trial, we signal to insurance companies that we are committed to negotiating a fair settlement and securing maximum compensation for you.
Our law firm has recovered over $250 million in verdicts and settlements for injured Oklahomans, including a $400,000 case stemming from a misdiagnosis that resulted in a devastating below-the-knee leg amputation.
When you hire us, we can do the following:
- Investigate your case, gather evidence, and interview witnesses
- Calculate your total financial and emotional/pain and suffering losses
- Communicate with all opposing parties and their insurers
- Negotiate with insurers to maximize your compensation
- Represent you at trial if a full and fair settlement cannot be reached
- Provide guidance, healthcare support, and essential resources
- Treat you with integrity, honesty, and consideration throughout the legal process
- Charge you no attorney fees unless we win your case
One of our many satisfied clients says this about us:
“Mr. Cain is a great Oklahoman and takes a personalized approach to each one of his clients’ cases. He is attentive to his clients and goes to battle for wrongly injured Oklahomans. I highly recommend!”
Common Causes of Amputation Injuries
Amputation is a broad term for losing or removing a body part or appendage. Amputations come in two forms: traumatic and surgical.
A traumatic amputation occurs due to tremendous force or a violent accident. During a traumatic amputation, the force of the incident rips or severs an appendage from the rest of the body.
Surgical amputations occur under the care and supervision of a medical provider. However, an accident or significant injury can also trigger a surgical amputation. In some cases, a limb or appendage mangled, severed, or otherwise damaged cannot be saved, and a surgical amputation is needed to remove the limb.
A surgical amputation could also be necessary when an injured or damaged appendage develops an infection, such as gangrene, or loses blood supply to the point that an amputation is needed to save the life of the accident victim.
According to data from Johns Hopkins Medicine, traumatic injuries account for nearly 45 percent of amputations. Some of the most common causes of amputation injuries include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip-and-fall accidents
- Premises liability cases
- Workplace injuries
The appendages amputated most often in traumatic accidents tend to be arms, legs, fingers, and toes.
Statute of Limitations to File an Amputation Injury Lawsuit in Oklahoma City
Filing an amputation lawsuit takes preparation and time. Numerous steps are involved, from preparing and serving the complaint to the at-fault party to preparing for trial and going before a judge. Filing a lawsuit can include the following:
- Preparing the complaint
- Filing legal documents
- Serving the liable parties
- Gathering and preserving crucial evidence in discovery
- Negotiating a settlement
- Taking the case to trial when necessary
It can take years from beginning to end to resolve a complicated amputation injury lawsuit in Oklahoma — a time frame that can discourage some accident victims. However, a personal injury lawsuit may be the best way to pursue maximum compensation for your injuries. The sooner you consult with an experienced amputation injury lawyer, the better because you have limited time to file your case.
Oklahoma law only gives accident victims two years from the date of the accident to file a lawsuit seeking compensation. If you file after the legal deadline, you lose negotiating leverage, and the court can dismiss your case.
Proving Liability in an Amputation Injury Case
Proving liability in amputation after injury cases comes down to one thing: evidence. You need it to help build a case that establishes liability and supports your claim that the extent of your injuries requires fair compensation.
Types of evidence that may be useful in proving liability can include the following:
- Police or accident report
- Medical records
- Witness statements
- Cellular phone data
- Photographs or video from the accident scene
- Surveillance or dashcam footage
- Black box data from a commercial truck
Gathering evidence before it can be lost or destroyed can be challenging for amputation accident victims trying to focus on their recovery. An Oklahoma City personal injury attorney can take the reins and conduct a complete investigation into the cause of the crash, preserving the necessary evidence.
Oklahoma Amputation Statistics
Shockingly, some statistics indicate that amputation rates in Oklahoma have nearly doubled in 12 years. While many of these amputations are the result of chronic disease or illness, catastrophic injuries such as car and truck accidents can also lead to traumatic and surgical amputations.
Additional studies show that the average lifetime costs associated with an amputation injury can be over $509,000.
Life After an Amputation: Challenges and Legal Support
Amputations cause more than physical impairment. They often result in significant mental health challenges as accident victims struggle to understand their injuries, regain independence, and find a sense of identity that they may feel was lost with the loss of a limb.
Amputation often requires extensive medical intervention and rehabilitation. Many individuals must relearn the basics, such as walking or getting dressed in the morning. Mobility doesn’t just improve with the help of prosthetic devices, either. It takes training and dedication to use prosthetics effectively.
People may also be prone to depression, insomnia, anxiety, and suicidal tendencies following an amputation accident, taking a toll on a person’s physical and mental health.
Legal support can help individuals pursue the compensation necessary to cover medical expenses, prosthetic devices, lost wages, and other damages associated with an amputation injury accident.
Contact Cain Law Today for a Free Consultation
The amputation injury attorneys with Cain Law have extensive experience handling Oklahoma-specific cases. We are a local law firm that understands how regional laws impact amputation accident cases.
If an accident caused an amputation injury, contact our office today for a free consultation. We are happy to come to you, and you owe us nothing until we recover compensation for your case.
Frequently Asked Questions
Can prosthetic costs be included in an amputation injury claim?
Yes. Prosthetic costs are classified as economic damages and cover past expenses for devices already purchased, as well as future expenses for lifetime maintenance, repairs, and replacements.
Can future medical care be included after an amputation injury?
Yes. Amputation injury claims typically include both past medical expenses and the lifetime costs associated with future replacement devices, ongoing maintenance, and physical therapy.
What if the insurance company says my amputation injury claim is worth less?
Insurance companies often attempt to minimize payouts for amputation injuries to reduce their financial exposure. Because these claims encompass extensive lifetime expenses (ongoing medical treatment, replacement prosthetics, lost earnings, etc.), it is critical not to accept an initial settlement offer. An experienced personal injury attorney can evaluate your future expenses to determine the exact costs.
Can home or vehicle modifications be part of an amputation injury claim?
Yes. In Oklahoma, home and vehicle modifications are recognized as standard economic damages in an amputation injury claim. If severe limb loss impairs your mobility, you can seek compensation from the responsible party for necessary physical adaptations, including the following:
- Wheelchair ramps
- Widened doorways
- Roll-in showers
- Adaptive driving hand controls