Claiming Compensation for Amputation Injuries: Insights from an Accident Lawyer New York

There are many types of injuries that a person can suffer in a car accident, with amputations being one of the most serious. Amputations are truly life-altering experiences, and victims will continue to face enduring physical, emotional, and financial strains from them.

While the law cannot turn back time, it certainly has the power to compensate you for your injuries. In this post, the team at Gabriel Law will take on the role of an accident lawyer in New York and explain everything you need to know about getting the most favorable settlement for your amputation injuries and moving on from the accident.

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How are amputation injuries defined under New York law? 

Since New York is a no-fault state, compensation for car accident injuries is awarded through insurance. You are only allowed to file legal action against a responsible party if you can successfully show that the basic economic damages you’ve suffered exceed $50,000 or if you have suffered a “serious injury.” 

In New York law, what is considered a “serious injury” is defined in Section 5102 (d) of New York Insurance Law. According to the aforementioned section, any person who has suffered any one or more of the following nine categories of injury is considered to have suffered a personal injury. They are: 

• Death;

• Dismemberment;

• Significant disfigurement;

• Fracture;

• Loss of fetus;

• The permanent loss of the use of a body organ, member, function, or system;

• The permanent limitation of the use of a body organ or member caused by the accident;

• The significant limitation of the use of a body function or system; or 

• When the injury temporarily prevents or significantly impairs a person from performing activities that are considered part of the person’s usual and customary daily activities for no less than 90 days within the first 180 days immediately after the accident. (the 90/180 category) 

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Based on these categories, an amputation can be considered a "permanent loss of the use of a body organ, member, function, or system," allowing you to file a personal injury lawsuit against those responsible and claim compensation. In addition, we can even present an amputation case under the 90/180 category, albeit in conjunction with the previous category. 

What types of damages can you claim in an amputation case? 

Since you are able to file a personal injury lawsuit to recover compensation, you are able to claim both economic and non-economic damages. In these cases, the economic damages will account for medical expenses, income/wages lost due to the accident, and any other connected expenses.

On the other hand, non-economic damages represent your intangible losses where the value is determined on a case-by-case basis. It accounts for things such as pain and suffering, emotional distress, the loss of future earning potential, loss of enjoyment of life, etc.

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How do we determine the value of an amputation case? 

In New York, the value for amputation claims can vary wildly, ranging from around $150,000 for the loss of a finger or toe to several million for the loss of limbs. Determining the exact settlement of your amputation case will involve considering several factors such as: 

• The degree of fault—With the application of the pure comparative negligence rule, if you also share some fault in the accident that caused your amputation, your compensation can be reduced to reflect the extent of your fault.

• Severity of the amputation—The compensation can be impacted by the severity of the amputation. An amputation of a limb can result in a higher settlement compared to the amputation of a minor toe or finger. 

• Age and occupation of the amputee—If the amputee is a child or a person who is actively involved in the workforce, they are likely to receive larger settlements in contrast to older, retired amputees that no longer contribute to the workforce.

• Long-term care and need for assistive devices—Long-term care costs and the need for assistive devices can significantly influence the value of your settlement as factors such as medication, physical therapy, and the potential need for follow-up surgery are also considered.

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Is there a time limit to filing your amputation claim? 

Yes, there is a time limit when it comes to filing your claim for amputation injuries. Since you are required to file a personal injury lawsuit to claim compensation, New York’s statute of limitations requires you to file your case within three years from the date of the accident.

Failing to file your case within this period will result in you losing your right to claim compensation, regardless of the merit of your claim.

Conclusion

Suffering an amputation is a serious life-altering event where you will suffer the consequences for the rest of your life. While the court does not have the power to turn back time, it does have the power to compensate you for the damages you’ve suffered.

If you’re looking to file a personal injury claim and are on the lookout for an experienced personal injury law firm in NYC, then Gabriel Law is here to serve. Contact us to schedule your free consultation. We will listen to your story, explain your legal options, and do everything in our power to help you get your life back on track.

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