Lawyers Representing Amputation Injury Victims in Miami, Florida
Losing a limb is one of the most traumatic injuries that a person can sustain, as it has physically devastating consequences and can also affect a victim’s mental health. Post-operative treatment, with its focus on rehabilitation, occupational therapy, and the use of prosthetics also tends to be both grueling and expensive. Accident victims who find themselves in this situation do not, however, have to go through the ordeal alone.
Were You Seriously Injured in an Accident?
If you or a loved one suffered a catastrophic injury, like an amputation or loss of limb, because of someone else’s negligence, you need a firm with the size, experience and resources to help you right the wrong. Our firm is dedicated to helping seriously injured victims obtain full and fair compensation for their injuries and suffering. We invite you to reach out to one of our experienced Florida amputation lawyers to schedule a free initial consultation. You can reach a member of our legal team by calling (305) 371-2692 today.
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We Handle All Types of Amputation Injury Cases
Many different types of accidents can result in loss of limb or amputation. Our firm fully understands the lifelong impact that can come with these injuries. We know how important it is to ensure that victims recover full compensation for their damages. Victims should always work with an experienced Miami amputation injury lawyer who has experience handling cases similar to their specific claim. We handle all types of accident cases resulting in a loss of limb including:
Different Types of Amputation Injuries
There are actually two main types of amputation injuries, the first of which is known as traumatic amputation. Traumatic amputations occur when someone loses a limb in an accident, or in an unanticipated event, like a car accident, explosion, or machinery accident. In some cases, limbs can quickly be reattached, while others may require the permanent surgical amputation of the body part in question. The second type of amputation injury is referred to as surgical amputation and is required when the blood supply to an injured limb is lost, causing the cells in the tissue to die and making repair and reconstruction impossible.
Lower-Limb vs Upper-Limb Amputations
Amputations can affect many parts of the body, including the lower limbs. The most common lower limb amputations include:
- Partial foot amputation, in which one or more of a person’s toes are removed;
- Ankle disarticulation, wherein the foot is removed at the ankle;
- Below-the-knee amputations;
- Transfemoral amputations, in which the leg is removed above the knee;
- Hip disarticulation, where the leg is removed up to the hip joint; and
- Hemipelvectomy, which involves the removal of the entire leg and the pelvis.
Upper limb amputations, as their name suggests, involve the fingers, hands, and arms, with the most common including:
- Partial hand amputation, wherein the fingertips, thumb, or parts of the fingers are removed;
- Metacarpal amputation, which involves the removal of the entire hand up to the wrist;
- Wrist disarticulation, or the removal of both the hand and wrist;
- Transradial amputation, in which the arm is removed below the elbow joint;
- Elbow disarticulation, or the removal of the forearm at the elbow;
- Above-the-elbow amputation; and
- Shoulder disarticulation, which involves the removal of the arm, as well as the shoulder blade and collar bone.
These types of amputations are often the result of traumatic accidents, including car crashes and workplace accidents, with the latter being particularly common in the agricultural, factory, and construction industries. Besides being painful and emotional, amputation injuries are disabling, affecting not only victims’ personal lives, but also their ability to earn a living and complete day-to-day tasks. Fortunately, these costs can be recovered by filing a personal injury lawsuit against the at-fault parties who caused the accident.
Establishing Liability in an Amputation Case
For Florida amputation cases, liability must be established under the state’s comparative fault legal standard. This standard, which can be found under Chapter 768.81 of the Florida statutes, is the state’s negligence rule. In order to assert liability under this rule, amputation victims will need to prove that a defendant’s negligent actions (or inactions) contributed to their accident.
Negligence is Complicated
In general terms, negligence is the failure to take proper care. However, what constitutes negligence can vary widely depending on the specific circumstances of the case at hand. For example, what negligence means in a Miami auto accident case will be far different than what it means in a Fort Lauderdale medical malpractice case. Ultimately, amputation victims should get an experienced attorney by their side as soon as possible after their accident. In a limited number of cases, the defendant’s negligence will be either be admitted or unquestionably obvious. Though, in most cases, a thorough investigation must be conducted to collect and analyze the evidence that will prove negligence under Florida law.
Comparative Negligence and Amputation Injury Claims
Notably, the state of Florida is a comparative negligence jurisdiction. This means that multiple parties can share liability for the same personal injury claim. In shared fault amputation case, the liability will be divided in accordance with each party’s percentage of blame for the accident. As an amputation victim, you may even be held partially liable for your own accident. Indeed, this is often an issue in motor vehicle accident claims. If an opposing insurance company can pin some of the blame on you, your compensation will be reduced. For example, if you sustained $400,000 in damages, and you were found to be 20 percent at fault for the accident, your compensation would also be reduced by 20 percent, or $80,000. Clearly, this is a huge factor in some amputation cases. Victims need to work with a qualified personal injury lawyer who will protect them from unjust blame.
Compensation Available for Miami Amputation Victims
Amputation victims deserve full and fair compensation for their damages. Victims are entitled to compensation for their financial losses and their noneconomic damages. Our Miami personal injury lawyers fight aggressively to ensure that amputation victims are able to recover every penny that they deserve under Florida law. To make a full recovery, your damages must be properly documented. Sadly, defendants, usually large insurance companies, use well-honed tactics and strategies to try to limit their own financial liability. Our firm has the skills, experience and legal knowledge necessary to hold them accountable. If you sustained an injury that required amputation in Florida, we can help you seek financial relief for:
- Emergency medical costs;
- Surgery costs;
- Other hospital and medical bills;
- Medical devices;
- Physical therapy;
- Psychological counseling;
- Long-term disability;
- Lost current and future wages;
- Pain and suffering;
- Emotional distress;
- Loss of limb; and
- Loss of lifestyle enjoyment.
- You Can Always Afford Our Top-Rated Amputation Injury Attorneys
The last thing an amputation victim needs is more bills. When you work with our firm, you do not have to worry about our fees. We handle all amputation injury cases using contingency fee agreements. For you and your family, this means no out-of-pocket costs and no upfront fees. Instead, we will recover our legal fees as a percentage of your settlement offer or injury verdict. We only get paid if we help you obtain compensation. Our Miami attorneys are so confident in our ability to help you that we are more than happy to take on the financial risks involved in handling your amputation case.
We Can Help
Amputations can be devastating for victims and their families. The emotional pain can be even worse if the amputation happens because of an accident that could have been prevented if only proper care had been taken. While nothing can truly make up for the loss of a limb, victims deserve full and fair financial compensation.
If you or a loved one suffered an amputation in an accident, you can hold the negligent party liable for your damages. At Dolan Dobrinsky Rosenblum Bluestein, LLP, our team is standing by, ready to help you fight for your rights. To protect yourself and your financial interests, you need to act now. Please reach out to our experienced Miami amputation injury attorneys today to set up a free review of your personal injury claim.
Trusting Words From Our Clients
“I have used Manuel Dobrinsky and he is more than excellent. Great communication. More than effective. It was a fantastic support for me having him during my process. Also I can say the best Lawyer I ever had.”
“I was not able to get anyone on the west coast of Florida to look at my case. Manny Dobrinsky took my case and won a settlement for me. He was very thorough and worked hard for me. His assistant Dameris was always there to help me and answer my questions. I was very pleased with this group.”
“I endorse this lawyer's work. Manny is one of the brightest trial attorneys that I know. He is an incredibly hard worker and always strives to achieve the best results for his clients. He excels in the Courtroom as well. I would recommend him without reservation.”A. Weinstein
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