Any auto accident cause can result in serious personal injuries. One of the most serious types of injuries that a victim of a New Mexico auto accident could sustain is an amputation. This is the ultimate injury to a limb as a person will have complete and permanent loss of use. As an experienced Albuquerque auto accident lawyer, I know that a victim who has sustained an amputation may be entitled to significant compensation in a New Mexico personal injury action. This is because an amputation is more than just the loss of the use of a limb. The path to getting to an amputation means there were significant and irreversible injuries. The result is also devastating in that a person may be unable to work again in the same capacity. A person’s daily life will also be altered, even simply tasks will be changed forever.
At the Mark Caruso, we know the horrors that you went through before an amputation and the difficulties you will go through after the amputation. Our compassionate staff will work with you to ensure we have all of the information needed to zealously represent you in a personal injury action. Our experienced Albuquerque auto accident lawyer will fight hard to ensure you receive the maximum compensation you may be entitled to for your injuries. Learn more in a FREE consultation by calling (505) 883-5000.
An amputation is a last resort. Meaning that no physician is going to order an amputation without performing a full diagnostic to determine whether he or she can save the limb. Sometimes this occurs over several days, weeks, or even months. Other times this only takes a few hours or even less to determine a limb is not salvageable. In the former, the process will undoubtedly lead to significant pain and suffering until the decision is made.
Thus, there are four main components to consider in an amputation case:
1) How the Injuries Happened – Injuries that result in an amputation have to be significant. They need to tear apart and destroy tissue to a degree that it is not salvageable. This means muscle tissue, tendons, bones, veins, nerves, and other vital structures which cannot be repaired. A victim of a New Mexico personal injury action is entitled to compensation for his or her pain and suffering. When an amputation needs to be performed, generally the healthcare provider has attempted to save the limb but simply cannot do so. This will be excruciating even with the best pain management. This pain pre-amputation is compensable and a large value of a case. It may be considered to be past pain and suffering.
2) Amputation – The amputation itself is a surgery which causes pre-surgical fright, use of powerful drugs like anesthesia and pain blockers, and post-anesthesia and post-surgery pain. This is what is compensable and is still technically past pain and suffering, even though some may claim it is future. This is because it is pain and suffering you already endured at the time of your settlement, trial, verdict, or other award.
3) Changes in Lifestyle and Daily Living – If you lose a limb, your life style will absolutely change, No matter what is amputated and how well you adjust, even if just toes or fingers, you will have life changes. You can be compensated for this and this compensation may be significant if you have lost something like an entire leg or arm. Mobility assistance or other assistance equipment or devices is important to also consider and can result in compensation. This award is broken down into past and future pain and suffering, being what you endured after the amputation but before you award, and what you will endure after your award and in the future until the end of your life expectancy.
4) Employment Losses – Individuals who have suffered an amputation may no longer be able to return to work in the same capacity. This may result in a decrease in salary and benefits, or other earnings, which means that you may be entitled to future lost earnings. This could be a huge number if damages were significant enough. There are also lost wages which you lost after the New Mexico auto accident and after your amputation, which are wages you would have earned had you not been out of work.
If you have been seriously injured in any type of auto accident in New Mexico resulting in an amputation, please call our Albuquerque auto accident lawyer to learn how we can help. This is particularly true of a catastrophic injury like an amputation which could result in significant and debilitating conditions. We handle cases throughout New Mexico, including in Lordsburg, Albuquerque, Las Cruces, Santa Fe, Roswell, or anywhere else. Call the Mark Caruso by dialing (505) 883-5000 to learn how we can help. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.