Accidents and injuries happen all the time, but some people are so severely hurt that they end up losing parts of their bodies. Whether you lose a limb in an accident or you are so hurt that doctors must amputate, you may sue those responsible for your injuries. A good settlement for amputations will vary but should be substantial.
A good settlement should adequately cover your immediate costs for things like medical bills and lost income from being unable to work. If a settlement leaves you with significant unpaid debts, it is probably not a good settlement. Determining the value of your claims is key to getting a good settlement. Generally, the more significant the loss, and the more important the lost body part was to your daily life, the greater your settlement should be. We must also consider other factors related to your case, such as how you were injured and whether you experienced medical complications.
Get a free, confidential claims review from our New York personal injury attorneys by calling us at The Carrion Law Firm at (718) 841-0083.
Good Settlements for Lost Limbs or Amputations
What makes a good settlement is hard to say, and settlements vary from case to case. What you consider acceptable might not be acceptable to someone else, and whether a settlement is good enough is up to you.
A good settlement should cover your immediate costs, whatever they might be. If an amputation is especially severe or significant, it might be extremely expensive, and not just because of medical costs. If your injuries require long-term care, your settlement should also cover reasonably expected future costs and medical expenses.
You should also consider your need for closure and a sense of justice. Amputations are permanent, and many people struggle to adjust to how their lives and bodies have been altered. While everyone responds to such injuries differently, you might be entitled to greater compensation if your injury caused you significant psychological and emotional distress.
How Do I Know What Claims for Amputations Are Worth in New York?
Putting a price on parts of your body may feel unsettling, but it is a necessary step in the legal process.
Generally, the more significant the loss of a limb or body part, the larger the settlement should be. For example, a settlement for the loss of a toe would probably not be as significant as a settlement for the loss of an entire foot. More substantial losses, like the loss of a whole leg, should warrant an even larger settlement.
Your claims may be worth more if the injury was particularly traumatic. Surgical amputations tend to be the least traumatic because they are performed by medical professionals, and even these injuries tend to be severe. If you lost a limb in a terrible and painful accident, the settlement should not only account for the injury itself but also the pain and trauma of the accident.
Factors That May Influence a Settlement for Amputations in New York
Numerous factors may affect the value of your claims, and you should discuss them all with an attorney.
The Lost Limb or Body Part
The affected limb or body part is one of the most important factors, if not the most important. Jurors likely do not have to be explained the significance and pain of losing something like an arm or a leg. They will also typically presume that a major loss like an amputated arm is worth more than a smaller loss like an amputated finger.
Your Ability to Work
Losing a body part may affect your ability to work. You might have to find a new job that you can do without the affected body part. Some people are so badly hurt that working is almost impossible. Talk to your attorney about whether you must change jobs or leave the workforce entirely, as you may claim damages for lost income.
Pain and Medical Complications
While amputations are serious injuries, they are not all the same. If your amputation happened during the accident, it might be traumatic and complicated to treat, such as a crushed limb. In such cases, hospital bills are probably greater. Not only that, but you can likely claim greater damages related to pain and suffering.
Physical pain related to amputations tends to be complex. The injury itself may be extremely painful, but you might continue to experience pain in the limb you lost. Phantom pain is common and can last for a long time. If you experience this kind of pain, tell your attorney so they can factor it into your settlement.
Finally, the mental anguish of your injury may be intense. Losing a limb can feel disfiguring. Many people find it hard to socialize and enjoy their lives after an amputation. A good settlement should account for your emotional and mental distress.
How Long Do Settlements for Lost Limbs or Amputations Take in New York?
Precisely how long it takes to get a settlement for an amputation injury depends on your specific situation.
These injuries are severe, and defendants often would rather pay a settlement than take matters to court. Contesting something as severe as an amputated limb might come off as extremely callous, and defendants may want to avoid humiliation.
Does the defendant believe that you are partially responsible? If so, we might need more time to figure out fault and whether you did something to contribute to your injuries. We may also need to prepare evidence demonstrating how you did not contribute to your injuries.
How strong is our evidence? Strong evidence indicating that the defendant is likely liable for your injuries may make the defendant more inclined to settle faster. If the evidence is weak, the defendant might more strongly dispute your claims, and settlement negotiations might slow down.
What Happens if I Cannot Get a Good Settlement for an Amputation?
Settlements are not always possible, even when both parties want one. If the defendant refuses to offer a settlement that adequately covers your damages, your attorney can help you prepare a lawsuit.
According to the statute of limitations, C.V.P. Law § 214, you have 3 years to file a personal injury case for the loss of a limb. Generally, settlement negotiations should be completed within this time. If they take longer, you might have no other options if settlement talks fall through.
Speak to Our New York Personal Injury Lawyers if You Recently Lost a Limb
Get a free, confidential claims review from our Long Island personal injury attorneys by calling us at The Carrion Law Firm at (718) 841-0083.