Carmen Gallardo
The amputation of an arm or leg is, beyond a catastrophic injury, a traumatic experience that forever changes the way you plan your life and your future. It is a circumstance that permanently alters your financial, physical, and psychological well-being, particularly if you were the victim of an accident or preventable medical malpractice.
After the sudden loss of a limb due to a roadway collision or a poorly performed surgery by negligent doctors, it is essential to hire the services of a Miami amputation injury lawyer, like those on the prestigious team at Gallardo Law Firm. With our guidance, you can better understand your rights and the most effective options for pursuing fair compensation for your damages.
Amputation affects the functionality and sensitivity of that area of the body and influences the safety and psychological stability of those who are forced to face such a decisive event. Statistics show that about 30% of amputees experience anxiety, depression, and high levels of social isolation.
From an emotional perspective, reactions depend on many external variables, such as the circumstances of the accident, the mental capacity of the victim, and their family environment. It is common for the person to experience feelings of loss, not only of their leg or arm, but also of their quality of life, having to redefine their personal relationships, their professional prospects, and the way they perceive themselves.
Physical challenges, on the other hand, have to do with at least a temporary decrease in mobility and functionality, as well as new difficulties in performing everyday tasks such as dressing, walking, or driving. Infections, the need for constant medical care, muscular imbalances, and fatigue are other of the most demanding effects.
Similarly, if you have suffered an amputation, you may need to learn to use a prosthesis, which requires long and strenuous physical therapy sessions. Another unfortunate consequence is the so-called phantom pain, which refers to the sensation of discomfort, cramps, or pain in the missing limb.
The economic consequences can also be significant since the medical and rehabilitation costs are usually high due to their complexity. Surgery, therapies, specific medications, periodic replacement of prostheses, and home modifications are necessary to make the home more accessible.
Also, if you are forced to change jobs, your earning capacity may decrease dramatically, which, in turn, generates a greater financial burden on your immediate family members, who are also responsible for your care.
At Gallardo, our attorneys care deeply about the well-being of each client and will not let you walk through these challenging circumstances alone. We handle all types of accident or negligent behavior cases that result in the sudden loss of one of your limbs, including:
In Florida, there are strict regulations that are intended to ensure that your rights are respected if you have been the victim of a personal injury, including the amputation of a limb. With the help of our attorneys, you can ensure that your right to file a lawsuit and seek compensation for your injuries is protected.
This compensation can cover your hospital expenses, the cost of converting your home and transportation, and access to specialized personal caregivers. Likewise, the payment must consider the spiritual pain and suffering you will be subjected to, as well as the loss of your ability to generate income and provide for your family.
In addition, the Americans with Disabilities Act guarantees that you will not suffer discrimination in your access to public services such as transportation and education and that you will not encounter architectural barriers in your access to private and open spaces, such as stores, banks, restaurants, or hospitals.
One of the most complex steps in any legal proceeding involving amputation injuries is proving the liability, fault, or degree of negligence of the other party involved in the case. This difficulty has to do with the specific circumstances of your situation and your damages.
Depending on the type of incident, the possible liable parties may be:
Florida is a shared negligence state, which means that different parties may share responsibility for the same occurrence. Even if you were the victim of the event, you may be partially at fault and, depending on this, may reduce the monetary value of the compensation. For example, if you were 30% responsible for what happened, the compensation would decrease that same 30%, so if the total damages amount to $100.000, you could get up to $70.000.
In these situations, the presence and aggressiveness of your lawyers when representing you can tip the balance considerably in your favor. At Gallardo Law Firm, we are available to assist you in building a solid strategy that will allow you to seek justice and enforce your rights against the force of large corporations or powerful insurance companies.
From your first consultation, we will help you navigate the complexities of the legal process for free, ensuring that your compensation is fair. We believe in holding careless parties liable for the pain, suffering, and devastation they have caused in your life, and so that you can focus on your recovery process, we work on a contingency fee basis, meaning you only pay us when we win your case.
If you choose us, you will receive highly personalized attention and real, direct and individual contact with your lawyer, who can communicate with you in English or Spanish, according to your preferences. This ensures a much more fluid process in which you feel heard, understood, and accompanied.
Amputation of a limb is a catastrophic event with far-reaching effects on the financial, physical, and emotional aspects of a person's life. We can help you hold negligent individuals or organizations responsible and recover damages in relation to your injuries and the severity of your losses.
Statistics reveal that there are 2.3 million people in the United States with amputated limbs, with a mortality rate of 18.5%. In general, the hospital expenses of a person affected by the loss of an arm or leg exceeded $500.000, partly as a consequence of the high value of the prostheses, which range from $5.000 to $50.000, since even the best quality prostheses must be replaced every three to five years.
Generally speaking, this compensation should cover:
To prove that there was negligent behavior and that it was ultimately responsible for your accident, it is vital that your legal advisors demonstrate that the defendant ignored its duty of care, meaning that it failed to act with the prudence and caution necessary to avoid inflicting harm on others. In addition to demonstrating that the duty of care was breached, it is essential to connect the negligent act or behavior to your injury and that no external factors or pre-existing conditions were involved.
The feasibility will depend on the thoroughness of the investigation conducted by your attorneys. It will also be necessary to document the impact of the amputation on your life, from medical bills, police reports, witness testimony, expert opinions, photos, videos, and other evidence.
In these cases, the worker is also protected by Florida's workers' compensation system, which allows employers to be held liable and claim benefits for medical treatment, disability, and lost wages. In general, the Workers' Compensation Act states that the percentage you receive according to the specifics of the situation.
If a permanent disability occurred, such as a leg or arm amputation, you could receive up to 66% of your expected earnings during the time you are undergoing rehabilitation. If you are forced to change to another position with less pay, your previous earnings are calculated, and this difference is taken into account when you receive your compensation.
One of the most influential elements is precisely the cost of the hospital expenses you are facing as a consequence of your injury and the impact on your life of the emotional damage related to the incident. The value of the compensation is neither unique nor definitive, as you have to take into account internal and external factors.
The degree of recklessness of the persons involved also plays a key role, as well as local laws and the presence or absence of intent, because if your lawyers can prove that the injury was provoked by gross carelessness or deliberation, punitive damages may apply.
If you have just lost a leg or one of your arms in an accident on the road, or perhaps as a result of the negligent behavior of your boss who did not take care of your safety at work, it is expected that you feel overwhelmed and do not know which way to go and how to adapt to such new and drastic circumstances.
First, there must be your health, recovering from the physical and spiritual impact of having one of your limbs amputated, and secondly, seeking the most competent legal help to get fair compensation to help you pave the way to wellness and stability.
The journey to the compensation you deserve begins with making the most informed decisions possible and documenting what happened and the expenses unique to your hospitalization and aftercare. You can do this by:
It is crucial that you act quickly so that you receive proper treatment as soon as possible, as this may determine your chances of recovery and your options for documenting the accident. On the other hand, if you delay taking action, necessary evidence such as videos, photos, or even witness statements may deteriorate and lose their legal impact, which in turn influences your leverage when negotiating your compensation with insurance companies.
At Gallardo's offices, you can find the help you need to defend your case because having the services of an amputation lawyer can tip the scales of justice in your favor. For our team, you will never be just another number but a story of resilience and self-improvement that deserves to be told from the perspective of the winners, of those who do not rest until they obtain the compensation to which they are entitled on behalf of themselves and their families.
