The loss of a limb due to disease or injury can be extremely physically and psychologically challenging. All too often we take our ability to perform daily tasks for granted, and when this is in some way taken away, we are left having to readjust to our new reality.
Amputations may be undertaken for medical reasons or may occur as a result of a serious traumatic injury, affecting part or all of any limb or digit.
From a medical perspective, it may be necessary to remove part or all of a limb or digit due to disease, infection, burns, deformity, or serious damage. Such decisions are never taken lightly by surgeons, which may often be made in order to save the life of the patient.
Following the immediate medical emergency and once any surgical intervention is completed, and healing has occurred, the individual will then need to learn to deal with the day to day implications of their amputation. Depending on the extent of the amputation, this may require relatively minor adjustments and relearning. For others, the total loss of a limb (or limbs) may mark a new chapter in their life. Whether it is learning to walk with the aid of a prosthetic leg, many months of physical therapy may be needed before returning to normal life.
At Lavelle Partners, we have helped many individuals who have undergone an amputation which was the end result of the negligent acts of another party, including following road traffic and workplace accidents, and medical error. This experience has highlighted to us the physical, emotional, and financial implications of amputation, for both the person affected, and their family. This is why we work tirelessly and with the utmost care and empathy to defend the best interest of our clients; you can trust us to do the same for you.
What type of amputation injury can I claim for?
You may be able to claim for the following types of amputation injury:
Lower limb amputation: Foot (partial or whole), ankle dis-articulation (removal of the ankle), below-knee, through-knee, above-knee, hip dis-articulation, or trans-pelvic.
Upper limb amputation: Hand (partial or whole), metacarpal (removing the hand but leaving the wrist intact), wrist dis-articulation (removal of the wrist), below elbow, elbow dis-articulation (removal of the elbow joint), above elbow, and shoulder dis-articulation and forequarter amputation (removal of the entire arm including the shoulder blade and collar bone).
Who is liable for my amputation injury?
Amputation injuries can be caused by accidents due to negligence in a range of contexts including (but not limited to):
- Educational establishments
- Public facilities
- Road traffic accidents
- Healthcare settings
- Military facilities
- Supermarkets or other retail establishments
- Construction sites
Regardless of where the injury occurred, it will be necessary to establish who is at fault for the accident which led to the amputation injury. Depending on the situation, this may be a local authority, public entity, building contractor, employer, a private company, or an individual.
Do I have grounds for an amputation injury claim?
To bring a claim against a negligent party for your injuries, it will be necessary to prove:
- The party owed you a duty of care – if you were not owed a duty of care, no claim can be brought, and;
- The duty of care was breached, and;
- The breach of care led to amputation injury.
This means that in some contexts, it may not be possible to make a claim because there is a lack of proof that negligence occurred. One of our primary roles will be to establish if there are grounds for a claim and if so, to create a compelling case that proves the other party held legal culpability which they breached, leading to your injury.
If you are unsure if the circumstances of your amputation injury are grounds for a claim, please contact one of our amputation injury solicitors today who will take the time to listen to the details of your case and advise you of your legal options.
What may a claim for amputation injury cover?
Claims following amputation injuries due to negligence may cover two areas of loss:
- Pain and suffering due to the injury;
- Specific costs resulting from the injury caused. This may cover costs already incurred, such as transport, accommodation, and medical treatment, and expected future expenses, such as physical therapy and care costs.
The claim will be based on the precise injuries suffered and the circumstances of the case.
How Lavelle Partners amputation injury solicitors can assist you in bringing a claim
- Lavelle Partners have successfully managed many cases of amputation injury caused by the negligence of another party.
- Our personal injury team, headed by partner, Avril Scally, who herself has over 15 years’ experience in personal injury claims, place client care at the centre of everything they do.
- From the first moment you speak to one of our solicitors, we will listen to your case carefully and with empathy and will only recommend advancing your case if we believe you have a valid case.
- We have both the legal expertise and understanding of the real-life challenges faced by individuals and their families following such events.
- Our solicitors will manage the process entirely on your behalf; compiling the information necessary for your case, including medical notes and managing the submission of your personal injury claim.
By allowing us to handle your claim on your behalf, you can focus on what is most important, your recovery and care, or that of your family member or loved one.
For further information on making a claim for an amputation injury in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800 or email Avril Scally at [email protected]