What Damages Might Be Recoverable in an Amputation Injury Claim?The lifetime cost associated with an amputation can range from a few thousand dollars to well over $1 million. The expenses can add up quickly and may include:
- Emergency care,
- Initial hospitalization,
- Doctor visits,
- Physical and occupational therapy,
- Psychological counseling,
- Mobility aids,
- Home and vehicle modifications, and
- Prosthetics purchase and maintenance.
Are Future Damages Recoverable?Maybe. Personal injury victims not only have the right to seek damages already incurred as a result of the tort, but they are also able to pursue damages that are reasonably certain to be incurred in the future. These might include future medical bills and loss of income.
What Are Non-Economic and Punitive Damages?The damages we’ve already discussed are called “economic damages” because they are objectively verifiable. Amputation victims might also be entitled to intangible “non-economic damages” such as pain and suffering, loss of enjoyment in life, physical impairment, disfigurement, and mental anguish. Family members of the injured party may be entitled to compensation for loss of consortium. If the defendant acted with particularly egregious behavior—for instance, if you were hit by a drunk driver—it may also be possible to obtain punitive damages. These are intended to punish the defendant and to deter similar misconduct.
What Factors Could Influence the Settlement Calculations?A multitude of factors could influence the potential value of your personal injury claim. Examples include:
- The cost of medical care,
- Whether you will need ongoing care,
- How the injuries are impacting your quality of life,
- Whether you have taken steps to mitigate the damages,
- Whether you were partially liable for the accident,
- The amount of income lost,
- Whether your income-earning capacity has been reduced,
- Whether punitive damages are warranted,
- Your age,
- The amount of time it takes you to reach maximum medical improvement,
- Your pre-injury income, and
- The types of costs incurred as a result of the accident.