Accidents, especially auto accidents, can result in very serious injuries, and unfortunately, some accidents result in the amputation of a limb. The loss of a limb can happen during the accident itself, or the limb may need to be amputated afterward in a medical procedure in order to save the victim’s life. These injuries are both devastating and life-changing, and victims deserve to be fully compensated for their injuries and losses. Contact our attorneys today for a free consultation to ensure that your rights are protected.
Holding the at-fault party legally accountable for your accident and amputation requires the establishment of four key elements which constitute negligence, which is legally defined as “a situation when someone owes a duty to another person and fails in that duty, therefore becoming liable for any resulting injuries.” The first element is duty: the defendant, be it an individual, business, or government agency, must have owed a legal duty of care to the victim, which refers to the duty to act safely and with reasonable caution so as not to pose a danger to others. The second is “breach,” meaning the defendant must have failed to uphold his/her legal duty of care, such as by distracted, reckless, or intoxicated driving.
The third element is “causation,” meaning that the defendant’s breached duty of care must have been the direct (proximate) cause of your injuries and amputation which would not have occurred otherwise. It goes without saying that if an accident victim’s vehicle is damaged, that damage must have resulted directly from the accident in question rather than another source in order to earn compensation. Similarly, you may be eligible for compensation for an injury sustained in an accident, but not for a pre-existing injury.
Finally, the fourth element is “damages,” which represents the victim’s damages, expenses, and losses sustained due to the accident.
Here are some forms of compensation to which you may be entitled under Illinois law for an amputation resulting from another’s negligence:
Arm Amputation – If your arm was amputated below the elbow, you are entitled at least 253 weeks (nearly five years) of payments of Permanent Partial Disability (PPD) as well as two-thirds of your average paycheck before the accident occurred. If your arm was amputated above the elbow, you may also be entitled to about four additional months of payments. If your arm was amputated at the shoulder joint, you may be entitled to sixteen additional months of payments. In Illinois, the average maximum compensation for the loss of an arm is about $440,000, which is about 2.5x higher than the national average.
Hand Amputation – If your hand is amputated, you are entitled to 205 weeks (almost four years) of Permanent Partial Disability (PPD) payments; four fingers lost on one hand is considered equal to the loss of a hand. Two to three lost fingers may be considered a “partial loss” for which a smaller payout may be available.
Finger/Toe Amputation – The loss of a thumb entitles you to 76 weeks of Permanent Partial Disability (PPD) payments. Index finger – 43 weeks; middle finger – 38 weeks; ring finger – 27 weeks; pinky finger – 22 weeks; big toe – 38 weeks; other toes – 13 weeks.
Leg Amputation – For an amputation below the knee, you are entitled to 215 weeks of PPD payments. For an amputation above the knee, payments are extended an additional 27 weeks. For an amputation at the hip joint, payments are extended an additional 81 weeks.
Foot Amputation – For a foot amputation, you are entitled to 167 weeks of PPD payments.
We at Agruss Law Firm are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured in an auto accident, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services.
If you or a loved one has been injured in an accident due to another’s negligence, you need an experienced personal injury attorney. Contact Agruss Law Firm, LLC today for a free consultation. We are a Chicago-based personal injury law firm, and helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people and not the powerful, we will file your claim and take care of the insurance company, medical bills, property damage, and lost income. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, our personal injury lawyers are not paid attorney fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.