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Amputation & Loss of Limb in Omaha Accident Cases
Fighting for Nebraska accident survivors trying to move forward after traumatic limb loss
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Estimates suggest that at least 30,000 traumatic amputations occur in the United States every year. These injuries are often catastrophic in nature and can create countless challenges for survivors and their loved ones. When someone loses a hand, foot, arm, or leg in an accident, their life can be irrevocably changed.
Even with recent advances in the medical field and prosthetics industry, survivors of traumatic amputations often face lengthy recovery processes and may never truly recover their sense of normalcy. In addition to coming at a high personal and emotional cost, these injuries can be financially burdensome in more ways than one.
At Inserra Kelley Cooper Sewell, we represent people who suffered amputations and other catastrophic injuries in negligence-related accidents. We have over 65 years of experience representing accident victims in and around Omaha, and we know what it takes to build comprehensive claims for compensation in these cases.
Trying to adjust to life post-amputation can pose many challenges for accident survivors. That’s why we aim to provide reliable and responsive legal support that gives our clients the space and confidence they need to focus on their healing rather than on the legal process. Contact our team today to learn more about why so many Omaha accident victims trust Inserra Kelley Cooper Sewell to advocate for their rights following a traumatic accident.
How We Can Help
- What is a traumatic amputation?
- Accidents that may result in amputations
- When can someone else be held responsible for an amputation?
- What if I contributed to the accident that injured me?
- The long-term impact of traumatic amputations
- What compensation may be available in traumatic amputation cases?
- Why work with Inserra Kelley Cooper Sewell?
- Frequently asked questions about amputation claims
- Do you have an amputation injury lawyer near me?
What is a traumatic amputation?
The word “amputation” refers to the loss or removal of a body part. Some amputations are performed surgically out of medical necessity. Perhaps a patient has a severe infection that can only be mitigated by removing an affected limb or a crush injury that cannot be repaired. In these cases, a patient’s care team may make the difficult decision to amputate a part of their body in an effort to save their life.
Traumatic amputations may occur in catastrophic accidents. In these cases, the victim’s limb may be severed due to the accident itself. For example, a person’s fingers or hand could be severed in a workplace accident involving heavy machinery or sharp objects. These incidents are incredibly frightening, and they may be associated with long-term complications and recovery-related challenges.
Depending on which body part was affected, a traumatic amputation survivor could be left with lifelong health and mobility challenges. The impact of an amputation can also vary depending on where the limb was actually severed. Prosthetics may be able to help certain survivors regain some mobility, but many patients still require additional support when performing specific tasks.
Accidents that may result in amputations
We often see traumatic amputations take place in accidents that involve extreme force. An accident victim may suffer a traumatic amputation if a part of their body is suddenly crushed or cut, or if blood flow to the area is cut off for an extended period of time.
Every case is different and involves its own unique combination of factors. In our experience, however, we most commonly see traumatic amputation injuries in cases involving:
- Car accidents
- Truck crashes (particularly in rollover accidents)
- Motorcycle accidents
- Pedestrian accidents
- Bicycle crashes
- Construction and other workplace accidents
- Defective product incidents
- Explosions
- Electrical accidents
- Falls from heights
- Violent assaults
Not every traumatic amputation can serve as the basis for a legal claim. The term “freak accident” may sound glib, but there are cases in which traumatic amputations may be considered unavoidable. For example, if you lose a finger after reaching into a powered-on snowblower or industrial fan against manufacturer advice, you may not have sufficient basis for a legal claim.
If, however, the machine that injured you was defective, you may be able to pursue a product-liability claim against the manufacturer under certain circumstances. The same goes for cases involving negligence-related motor vehicle accidents. If you can show that your amputation happened because someone else failed to uphold a legal duty of care, you may be within your rights to take action against the negligent party.
When can someone else be held responsible for an amputation?
Before taking legal action against someone for a traumatic amputation, it’s important to investigate the factors that may have contributed to your accident. Not every amputation provides grounds for a personal injury lawsuit, so you and your legal team must collect ample evidence to support your claim.
In Nebraska, accident victims may be within their rights to pursue a claim against an alleged at-fault party if they can show that the other party owed them a legal duty of care and proximately caused the victim harm by violating that duty.
Consider a motorcycle accident scenario in which a drunk driver runs a red light and collides with a passing motorcyclist. If the rider becomes pinned under their bike and loses circulation to their leg, they may require a surgical amputation. In this case, the rider may be entitled to compensation from the drunk driver because the driver’s impairment directly caused the accident that injured the motorcyclist.
Facts and details are vital in these cases. Your legal team needs to be prepared to conduct a thorough investigation into any and all factors that may have contributed to your injuries. From there, they should be able to help you build a strong, evidence-based claim for compensation that accurately reflects the nature of your injuries and your losses.
What if I contributed to the accident that injured me?
Sometimes, responsibility for an accident may be shared between multiple parties – including the party who was injured. In negligence cases, when this happens, we rely on Nebraska’s modified comparative negligence system to assess a victim’s ability to recover compensation. Under this system, an individual who was less than 50% responsible for their own injuries may still be eligible for compensation from an alleged at-fault party.
If an investigation reveals that you were less than 50% responsible but did contribute in some way to your own injuries, any compensation you receive will be reduced by the same percentage as your share of fault. That means someone who was 25% to blame will have their compensation reduced by 25% to account for the role they played in their own accident.
The long-term impact of traumatic amputations
The physical effects of a traumatic amputation are often top of mind for accident victims and their caregivers. However, these injuries can impact more than just your physical capabilities. Many survivors of traumatic amputations suffer high levels of emotional distress related to their injuries. Losing a part of yourself can be extremely destabilizing, and many amputees struggle with mental health conditions like PTSD, depression, and adjustment disorders.
The physical and emotional trauma associated with these injuries can be further compounded by the extended recovery and rehabilitation periods many survivors must endure. Physical therapy, prosthetic fittings, surgery, and other interventions can support an amputee’s long-term rehabilitation goals but may cause frustration and discomfort in the short term.
Of course, the financial costs associated with traumatic amputations can also be a major stressor for accident victims and those responsible for their care. Lifetime care costs for some amputation patients may reach six figures, depending on the extent of the injury and the survivor’s age at the time of their amputation. Many American families do not have the money or resources on hand to manage a costly medical emergency, and amputees may go into major medical debt while navigating the recovery process.
All of these effects combined may become relevant in a traumatic amputation case. Filing a claim for compensation can help survivors access the funds they need to focus on their recovery without worrying about compounding costs. While the personal and emotional effects of a traumatic amputation can be hard to quantify, pursuing a claim that accounts for these damages can provide amputees with the safety net they need to move forward.
What compensation may be available in traumatic amputation cases?
As you can probably imagine, the nature and value of the losses associated with amputations and limb loss can vary significantly from case to case. If you plan on pursuing a claim for compensation, you and your legal team will need to work together to evaluate the physical, emotional, and financial effects of your injury.
Depending on the facts of your case, you may be entitled to compensation for economic losses like medical bills and rehabilitation costs. If your injury forces you to miss work or makes it impossible for you to return to your pre-accident work duties, you may also be able to recover compensation for lost wages or reduced earning capacity. The cost of mobility aids and prosthetics may also be factored into your claim, so it can be helpful to get a quote for these items from your provider.
You may also be able to recover compensation for non-economic losses related to your accident. This compensation is meant to account for any pain and suffering or mental anguish you may have experienced. Most standard personal injury cases in Nebraska aren’t subject to any caps on economic and non-economic damages. This will enable you and your legal team to pursue a claim that accurately reflects your losses.
Why work with Inserra Kelley Cooper Sewell?
We know that the weeks and months following a catastrophic accident are often jam-packed with major decisions and frustration. At Inserra Kelley Cooper Sewell, we strive to provide our clients with compassionate and reliable legal support that they can count on when they need it most.
When you work with Inserra Kelley Cooper Sewell, you can expect:
- Hands-on legal support from a team with over 65 years of experience
- A thorough investigation into all of the relevant factors in your case
- Clarity and transparency that empower you to make informed decisions
- A free, no-obligation initial consultation
- Not to pay any attorneys’ fees unless we recover compensation in your case
With a track record that includes over $50 million in client compensation within the past five years alone, our team has the experience necessary to support clients throughout every step of the legal process. While our past results can’t guarantee a similar outcome in your case, they do provide a snapshot of the quality of support we’ve worked to provide throughout our time serving the Omaha community.
Frequently asked questions about amputation claims
Can I file a claim if my limb was removed during surgery?
Potentially, as long as the amputation was necessary because of a negligence-related accident. If another person’s negligence directly caused the accident that led to your surgical amputation, you may be able to pursue a claim against them for certain injury-related losses.
Can I be compensated for future prosthetic costs?
How long do I have to file an amputation lawsuit in Nebraska?
Will my amputation case go to trial?
Do you have an amputation injury lawyer near me?
In order to effectively serve members of our local community, Inserra Kelley Cooper Sewell maintains an office right here in Omaha. You can find us at 6790 Grover Street, Suite 200.
Speak to an Omaha amputation injury lawyer
These cases can be incredibly demanding, and we completely understand if you’re on the fence about getting involved in a potentially lengthy legal battle. If you suffered an amputation due to a negligence-related accident, however, exercising your rights may provide you with the resources and financial security you need to move through the recovery process with a little more ease.
No matter where you are in the decision-making process, the team at Inserra Kelley Cooper Sewell would be happy to take a look at your case and talk to you about your options. Contact us to schedule your free consultation, and let’s discuss how our team can best support you during this period of transition.
