Losing a limb is one of the most traumatic injuries a person can experience. If you or a loved one recently suffered an amputation from a workplace injury or industrial accident
in the Dallas-Fort Worth area, the attorneys at the Law Firm of Aaron A. Herbert want to help you recover. Contact us today
to schedule a free case review and learn more about your options for legal recourse.
Why Hire an Attorney?
Your attorney can do much more than represent you in trial. The right attorney can not only increase your chances of securing compensation for a severed limb, but also secure much more compensation than you initially expected. Your attorney can help with evidence gathering, coordinate expert witness testimony to support your claim, and prepare you for depositions and court appearances if necessary. An attorney can also handle negotiations with insurance claims adjusters and help you manage personal affairs throughout the course of your lawsuit.
Determining Liability for a Severed Limb
Many industrial workplaces, factories, and construction sites have heavy equipment, building materials, and tools that may cause severe traumatic injuries if they are defective or anyone mishandles them. Liability for a severed limb could potentially fall to one or more parties depending on how the incident happened. The first step toward recovery for a severed limb is to determine who is responsible for the injury.
Liability could fall to an individual such as a negligent coworker or third party if such an individual causes the severed limb injury through negligence or reckless disregard for others’ safety. The employer could face liability if inappropriate hiring practices led to the injury or if the employer failed to correct a known safety issue
before it caused the injury. If a defective product somehow causes a severed limb injury, the manufacturer would be held liable for the victim’s damages.
Workers’ Compensation in Texas
Unlike most other states, Texas does not require employers to carry workers’ compensation insurance. If an employee suffers a severed limb at work, he or she may not have the option of filing for workers’ compensation. Even in the event workers’ compensation is available it may not be enough to fully cover the damages involved in a severed limb claim. Navigating the workers’ compensation claims process is often difficult without an attorney. Anyone who has suffered a severed limb in the workplace should consult with an attorney as soon as possible to determine the liable parties and assess the victim’s damages.
Damages and Compensation for a Severed Limb
Once the victim in a severed limb claim identifies the party or parties responsible for his or her injury, the victim can pursue compensation for any and all damages resulting from the defendant’s negligence.
- Medical expenses. A plaintiff can sue for immediate and future medical costs, including emergency transportation fees for an ambulance or airlift, hospital bills, the costs of prosthetics, and any other long-term medical care expenses.
- Lost income. A severed limb can definitely interfere with the victim’s ability to work. He or she can sue for lost income both immediately following the accident during recovery as well as lost future earnings if the injury prevents working in the future.
- Pain and suffering. The jury will consider expert witness testimony and assess the scope of the plaintiff’s physical and psychological suffering to award an appropriate amount of compensation for noneconomic damages like pain and suffering.
- Punitive damages. If egregious negligence or an intentional tort leads to a severed limb, the jury may assign punitive damages to further punish the defendant and discourage similar acts in the future.
Ultimately, severed limb claims involve substantial damages, and the right attorney can make a tremendous difference in the recovery. If you or a loved one suffered a severed limb injury due to another party’s negligence in the Dallas-Fort Worth area, contact the Law Firm of Aaron A. Herbert, P.C.
today to schedule a free consultation and learn more about your options for legal recourse.