Personal injury Library

What’s the Average Settlement for Loss of Limb Injury Claims?

By: Mike Grossman, Texas Injury Attorney
Average Settlement for Loss of Limb in texas

An accident that causes the loss of a limb changes your life forever. When someone’s negligence or intentional action caused this tragedy, the victim has every right to seek the largest monetary settlement possible. 

A personal injury attorney who has experience handling cases involving amputations can recover the compensation you deserve for this harm.

How much can you recover for losing a limb in a personal injury lawsuit? Like many things in life, the answer depends on the circumstances. But one thing is certain:

The loss of a limb is one of the most serious and life-impacting injuries one can suffer. As such, it is not uncommon for personal injury claims involving the loss of a limb to have settlement values reaching into the millions of dollars.

Here, we’ll discuss factors that determine the average settlement for loss of limb.

CLIENT SUCCESS STORY

Justice Woman Who Lost Her Leg After Suffering an Injury at Work

We recently represented a woman whose leg had to be amputated after she suffered an injury while operating a standing forklift at her place of work.

Our client was operating the forklift in the normal course of her duties when she hit a puddle – a mixture of water and oil – causing the machine to spin out of control. She was flung from the forklift which subsequently ran over her leg, ultimately resulting in amputation.

Grossman Law was able to demonstrate that the company was liable for the dangerous condition that caused the injury and achieve justice and compensation for our client.

Learn more about this case here.

What Accidents Often Result in Loss of Limb or Amputations?

Sadly, severe accidents that lead to amputations occur in many settings. Here are a few of the accidents that cause this injury:

If you suffered an accident that caused an amputation, you deserve compensation for the physical and emotional harm you suffered.

How Common Are Workplace Amputations?

Workplace accidents that lead to amputations occur at an alarming rate. The Bureau of Labor Statistics reported 6,200 workplace amputations in 2018. The BLS found that 58% of these workplace amputations involved machinery, while the rest were caused by other conditions. 

These statistics alarmed OSHA, so they revised their National Emphasis Program (NEP) on amputations to “identify and reduce or eliminate” these injuries in manufacturing jobs. While the NEP provides guidance to reduce risk, it has failed to eliminate workplace injuries requiring amputation.

What Damages Are Awarded in an Amputation Lawsuit?

Before filing a personal injury lawsuit for your accident injuries, you should know that amputation is considered a catastrophic injury. This means that your amputation lawsuit will seek significantly more damages than most personal injury lawsuits. In a personal injury lawsuit, you can seek compensation for these damages:

  • Medical bills,
  • Rehabilitation expenses,
  • Lost wages,
  • Pain and suffering, and
  • Loss of enjoyment of life.

You will sue the party responsible for your accident, whether that’s another driver or an equipment manufacturer. While you usually can’t file a lawsuit against your employer if they have workers’ compensation insurance, there are other options you can discuss with our attorneys. For instance, if you were injured due to an equipment error, you may be able to sue a third-party manufacturer for your injuries.

What Is the Average Settlement Amount in Loss of Limb Claims?

Your personal injury attorney will help you calculate a damages request based on the extent of your injuries and other emotional and financial harm you suffered. Your attorney will present this damages request to the defendant’s insurance company and negotiate for a settlement amount.

Settling out of court spares you the stress of trial while allowing you to negotiate for the compensation you need. You will have the final say on accepting any settlement amount. The settlement amount for your amputation can widely vary, depending on these factors.

Extent of Injuries

As we’ve discussed, any amputation is a catastrophic injury, and courts recognize the physical and emotional pain that comes with losing a body part. However, the severity of your harm influences your damages award. Leg amputation settlement amounts are higher than toe amputation settlements because the more severe nature of the injury impacts your life more.

Degree of Fault

Texas has a comparative negligence law that governs personal injury damages. This means that your injury award is reduced by your percentage of fault. 

For instance, if you were texting while operating defective machinery that malfunctioned and crushed your limb, the product manufacturer would likely be liable for your injuries. However, the court might say you were 20% responsible for your injuries. If the court awarded $1 million in damages, you would receive $800,000 due to subtracting the amount for your portion of fault. You can see that showing that your degree of fault is as low as possible is an excellent reason for seeking the help of an experienced personal injury attorney.

Statutory Damages Cap

If you’re suing a medical professional, you face a statutory damages cap of $250,000 for non-economic damages. This means that if your surgeon made a mistake that required the amputation of your leg, you can recover only up to $250,000 for pain and suffering from their malpractice insurance. Economic damages, such as medical expenses and lost wages, are added to this $250,000 limit.

Grossman Law is Ready to Help

If you suffered an accident that caused an amputation, you are likely dealing with significant physical, emotional, and financial stress. A personal injury attorney can help you pursue a claim that can provide compensation for the harm you suffered.

At Grossman Law Offices, our attorneys have been helping injured clients for 30 years. We bring our extensive experience and legal resources to the fight for your just compensation and treat you with compassion and respect. We will tirelessly advocate for the money you need so that you can move forward with your life.

Contact us today for a free consultation. 

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