Serving All of Georgia, Florida, & Texas

call us 24/7 1-800-738-WE-WIN

Augusta Amputation Lawyer

Home
/
Augusta Personal Injury Lawyer
/
Augusta Amputation Lawyer

Merritt & Merritt Law Firm Helps Augusta Residents After Amputation Injuries

Losing a limb is one of the most devastating injuries someone can receive. Your entire life may have to adjust to your new normal. You may no longer be able to work your current job or enjoy your favorite hobbies. This often results in collateral consequences not only for the victim, but for their families too.

The Merritt & Merritt Law Firm Augusta amputation lawyer team knows how serious these situations are. Our team is here to help you get the compensation you need to move forward. Give our team a call today at 706-955-1559.

Common Causes of Amputation Injuries in Augusta

Amputations typically happen after your limbs have received significant trauma or if there are several medical complications following an injury. In many cases, the root causes could have been prevented if not for someone else’s negligence. Our team thoroughly investigates the cause of the amputation. In our Augusta amputation lawyer firm’s many years of experience, some common causes for amputation that we regularly see include:

  • Industrial and construction accidents. Workers may have limbs caught in heavy machinery or pinned by falling equipment when safety guards are missing or malfunctioning.
  • Motorcycle and pedestrian collisions. Without the protection of a vehicle frame, the human body is vulnerable to direct impacts that can sever limbs instantly.
  • Unsafe premises. Falls from significant heights or accidents involving heavy falling objects at retail stores can result in traumatic limb loss.

Regardless of how the injury occurred, the result is a permanent change that requires a thorough investigation to determine who should be held accountable. We dig deep into the facts of every case to ensure that every responsible party is identified.

Types of Amputation Injuries Our Augusta Attorneys Regularly See

The specific type of amputation a victim suffers will dictate the type of care they need and the challenges they will face in the years to come. We have experience representing clients who have suffered various forms of limb loss, each requiring a tailored approach to documenting damages. We frequently handle cases involving:

  • Lower extremity loss. This includes amputations at the hip, above the knee, or below the knee. These injuries fundamentally change a person’s mobility and often lead to secondary issues like back pain or hip strain.
  • Upper extremity loss. The loss of an arm or a hand can be particularly devastating for those who rely on manual dexterity for their livelihood or daily self-care.
  • Partial foot or hand amputations. While these may involve the loss of fingers or toes, the impact on balance and grip strength can be significant and life-altering.
  • Traumatic amputations. These occur at the scene of the accident, where the force of the impact removes the limb immediately.
  • Surgical amputations. These are performed in a hospital setting when a limb is too damaged to be salvaged or when an infection threatens the patient’s overall health.

Each of these scenarios presents a unique set of medical and legal challenges. Our Augusta amputation lawyer team works with specialists to understand the nuances of your specific injury to ensure that no part of your suffering is overlooked.

Evidence of Permanent Disability in Amputation Cases

Because an amputation is a permanent and irreversible condition, the legal claim must reflect the long-term nature of the disability. We do not just look at the medical records from the day of the accident. Instead, we compile a comprehensive body of evidence that demonstrates how the loss will affect the victim for the rest of their life. This process involves gathering:

  • Functional capacity evaluations. These tests, performed by medical professionals, measure exactly what a victim can and cannot do in a physical environment.
  • Vocational expert testimony. We consult with experts who can explain to a jury how the loss of a limb prevents a person from returning to their previous career or limits their future earning potential.
  • Life care plans. These detailed documents project every medical and personal need the victim will have over their lifetime, including future surgeries and home care.
  • Occupational therapy records. These files document the struggle to relearn basic daily tasks and the limitations that remain even after months of hard work.
  • Statements from family members. Personal accounts help illustrate the intangible losses, such as the inability to participate in family activities or the shift in household roles.

By building a strong foundation of evidence, the Merritt & Merritt Law Firm Augusta amputation lawyer team prevents insurance companies from treating your injury as a temporary setback. We make it clear that the impact is permanent and requires a settlement that covers a lifetime of needs.

The Financial Reality of Advanced Prosthetic Costs

One of the most significant components of an amputation claim is the cost of prosthetic devices. Modern technology has made incredible strides, allowing victims to regain much of their function through bionic or myoelectric limbs. However, these devices are incredibly expensive and are not a one-time purchase. A victim will face recurring costs for the rest of their life, including:

  • The initial fitting and purchase. High-tech prosthetics can cost tens of thousands of dollars for the device alone, not including the clinical hours required for fitting.
  • Regular replacements. Prosthetic limbs wear out over time or need to be replaced as the victim’s body changes. Most people require a new device every few years.
  • Maintenance and repairs. Like any complex machine, prosthetics require regular servicing, software updates, and replacement parts like liners and sockets.
  • Physical therapy for device use. Learning to walk or use a hand with a prosthetic takes hundreds of hours of specialized training with experts.
  • Secondary health equipment. This includes wheelchairs, crutches, or specialized shower chairs for the times when the prosthetic cannot be worn.

Insurance companies often try to offer settlements that only cover the first device. We fight to ensure that your compensation includes the funds needed to access the best available technology for as long as you need it.

Workplace vs. Road Accident Amputations

The legal path to recovery often depends on where the accident occurred. Amputations that happen on the job are usually covered by workers’ compensation insurance, which provides medical benefits and a portion of lost wages regardless of who was at fault. However, these benefits are often limited and may not fully compensate a victim for their pain and suffering.

Amputations resulting from car or truck accidents follow a different set of rules. In these cases, we can pursue a personal injury lawsuit against the negligent driver or the company that employed them. This allows victims to seek a wider range of damages, including full compensation for emotional distress and the loss of enjoyment of life. Sometimes, an accident involves both workplace and third-party negligence, such as when a worker is hit by a delivery truck driven by someone from another company. Our team identifies every possible source of recovery to maximize the help available to you.

Surgical Documentation and Its Role in Your Claim

Medical records are the backbone of any injury case, but they are especially critical in amputation claims. We carefully review the surgical notes and pathology reports to build a narrative of the injury. This documentation helps us prove several key points:

  • The necessity of the procedure. We show that the amputation was the only way to save the victim’s life or prevent further suffering.
  • The severity of the trauma. Surgical descriptions of bone fractures and nerve damage provide a graphic and undeniable record of the force involved in the accident.
  • Complications during recovery. Records of post-surgical infections, skin grafts, or issues with the healing of the stump help document the extended nature of the victim’s pain.
  • Phantom limb pain. Medical notes regarding neurological pain or “phantom” sensations provide objective proof of a very real and distressing symptom.

By meticulously organizing these records, we make it difficult for insurance adjusters to downplay the severity of the situation. We ensure the medical facts speak for themselves.

Challenges and Insurance Tactics in Amputation Claims

Despite the obvious nature of an amputation, insurance companies will still employ tactics to minimize the amount they pay out. They are aware that these claims are high-value, and their primary goal is to protect their bottom line. Common challenges we encounter include:

  • Disputing future costs. Insurers may argue that you do not need the most advanced prosthetic or that your future medical needs are being exaggerated.
  • Blaming the victim. They may try to shift a percentage of the fault for the accident onto you to reduce the total settlement under Georgia’s comparative negligence laws.
  • Delaying the process. By dragging out the investigation, they hope that financial pressure will force you to accept a lower settlement than you deserve.

Compensation Available Under Georgia Law for Amputation Injuries

Georgia law allows victims of catastrophic injuries to seek various forms of compensation to address the many ways an accident harms them. In an amputation case, we pursue damages for:

  • All past and future medical expenses related to the injury
  • Lost wages from the time missed at work during the initial recovery
  • The loss of future earning capacity if the victim can no longer perform their job
  • Physical pain and suffering, both past and future
  • Emotional distress, including anxiety, depression, and PTSD
  • The cost of home and vehicle modifications to accommodate the disability
  • Loss of consortium for the impact the injury has on the victim’s spouse

Every case is different, and we work closely with you to identify the specific ways your life has been affected so that every loss is included in your claim.

Get the Support You Deserve From an Augusta Amputation Lawyer

The Merritt & Merritt Law Firm team has many years of experience successfully litigating amputation claims in Augusta and across the entire state of Georgia. Amputation is one of the most devastating things someone can go through, and you deserve to have your treatment and recovery fully compensated by those responsible. Call our Augusta amputation lawyer team today at 706-955-1559.

Practice Areas

Testimonials