Amputation Injury Lawyer

Lost a limb in a crash, workplace accident or because of a defective machine? An amputation brings a lifetime of medical, prosthetic and financial needs. We make sure every one of them is accounted for.

On this page: Causes · Lifetime cost · Workplace claims · Compensation · Deadlines and fees · FAQ

Losing a hand, arm, foot or leg changes every part of daily life: work, mobility, independence, family and identity. Amputations happen in two ways: traumatic amputations at the scene of a crash or workplace accident, and surgical amputations performed later because of crush injuries, infections, burns or circulation damage. In either case, when the injury was caused by someone else’s negligence or a defective product, California law allows recovery of the full lifetime cost. Smith Trial Group represents amputees and their families throughout Southern California.

Common Causes of Amputation Injuries

• Motorcycle crashes and pedestrian accidents.
• Truck and car crashes, including crush injuries.
• Construction and industrial accidents involving machinery, conveyors, forklifts and power tools.
• Defective machinery without proper guards or safety shutoffs. See defective products.
• Severe burns and electrical injuries.
• Infections and complications caused by delayed or improper treatment.

The Lifetime Cost of Limb Loss

The true cost of an amputation is far greater than the initial hospital bill. A prosthetic limb typically must be replaced every few years for life, and advanced microprocessor-controlled prosthetics can be very expensive. Amputees often need:

• Multiple surgeries, including revisions.
• Prosthetic limbs, fittings, adjustments and replacements over a lifetime.
• Physical and occupational therapy and gait training.
• Home and vehicle modifications.
• Treatment for phantom limb pain, skin problems and secondary injuries from overuse of the other limbs.
• Counseling for depression, anxiety and trauma.
• Vocational retraining, or compensation for the loss of a career.

We work with physicians, prosthetists, life care planners and economists to calculate these future costs and present them clearly to insurers and juries. See catastrophic injuries.

Workplace Amputations and Third-Party Claims

Many amputations happen at work. Workers’ compensation usually prevents a lawsuit against your own employer, and its benefits do not include pain and suffering. But you may have a separate claim against a third party, such as the manufacturer of a machine without proper guarding, a general contractor that controlled an unsafe job site, or the driver of another company’s vehicle. Those third-party claims allow full compensation.

What You Can Recover

Compensation can include past and future medical and prosthetic costs, lost income and earning capacity, home modifications, and damages for physical pain, emotional distress, disfigurement and loss of enjoyment of life. A spouse may also have a claim for loss of consortium.

Deadlines and Fees

Most California personal injury claims must be filed within two years, and claims against public entities generally require a government claim within six months. We handle amputation cases on contingency and advance the costs of experts, so you pay no attorney’s fees unless we recover compensation.

Frequently Asked Questions

How much is an amputation injury case worth?

It depends on the limb lost, your age and occupation, future medical and prosthetic needs, lost earning capacity and the available insurance. Lifetime prosthetic and care costs are often a major part of the claim.

How often do prosthetic limbs need to be replaced?

Prosthetic limbs commonly need replacement every few years, plus regular adjustments and new sockets. These future costs should be included in any settlement.

Can I sue if I lost a limb at work?

You generally cannot sue your own employer, but you may have a claim against a third party, such as the machine manufacturer, a contractor or another driver, in addition to workers’ compensation.

What if the amputation happened after the accident, during treatment?

A surgical amputation caused by injuries from the accident is generally part of the damages from that accident. Separate claims may exist if medical care was negligent.

How long do I have to file?

Generally two years for a personal injury claim in California, and six months for a government claim.

How much does it cost to hire you?

Nothing up front. We work on contingency.