Being in a car accident and losing a limb is one of the most traumatic things anyone can go through.
It causes intense physical pain and ongoing discomfort and often leads to significant emotional and mental stress.
You might be wondering if you can sue for compensation if you were in a car accident on a Florida road and had a limb amputated due to the carelessness of another driver.
The answer to that question depends on several factors, which we will explore below to help you determine whether you have a strong case.
In 2012, John Doe, a resident of California, LA, was involved in a crash along the highway within the city.
A third car rammed into John’s back, forcing him off the road and running him over a concrete culvert.
Sadly, John was left with an injury that affected his left lower limbs; he severed his left leg at the knee level.
John chose to drag the driver he accused of causing the accident to court, asking for reimbursement of every expense he incurred in the process, the wages he lost, and the suffering he went through.
The jury found the other driver to be at fault for the accident, awarding John $3 million in damages.
This case is a reminder that you might be eligible for compensation if you are hurt in an accident that was caused by another driver.
Can you file a lawsuit if you lose a limb in a Tampa car accident?
The response varies based on several factors, including who caused the collision, whether you were partially at fault, and whether you had any additional injuries.
If the other driver was negligent in causing the collision, you can file a personal injury lawsuit.
You must show that their behavior led to the collision and that your injuries—including an amputation—were a direct result of it.
Additional damages may be included in your lawsuit if there are further injuries, such as spinal cord damage or traumatic brain injury.
If you were partially at fault for the crash (for example, if you violated traffic laws), you may still be able to recover compensation.
However, your award will likely be reduced based on your level of responsibility.
For example, if the court finds that you were 50% at fault for the accident, you could receive only half of the total damages.
Many insurance policies also cover personal injury claims, so even if you don’t file a lawsuit, you may be able to claim compensation through your own insurance policy.
When pursuing a claim for an amputation caused by a crash, there are a few factors to consider:
Even if the driver was not at fault, it’s still possible to make a claim under an uninsured or underinsured motorist policy if you have it.
If you’ve sustained a leg amputation due to a vehicle crash, there are several steps you should take:
If you have been involved in a car crash that resulted in the loss of a limb, you may be entitled to file a lawsuit against the driver at fault.
Depending on a number of variables, such as whether the other driver was at fault and whether you are entitled to damages for your injuries, you may be able to sue.
You can successfully navigate the process and identify your legal options with the help of a knowledgeable personal injury lawyer.
You may have legal recourse if you lose a limb in a car accident and the other driver is at fault. You must demonstrate that the other driver's carelessness caused the collision and that the accident led to your amputation in order to prevail in your case.
Several factors can affect your case, such as who caused the accident, whether you have additional injuries, and if you were partially responsible for the crash. A personal injury attorney can evaluate these factors and advise you on your legal options.
If your lawsuit is successful, you may be compensated for medical expenses, lost wages, pain and suffering, and possibly even emotional distress or long-term disability.
Sure, you might still be eligible for compensation, but the amount you receive will be lowered according to how much of the accident you caused.
After receiving medical treatment, collect evidence from the crash scene, such as witness statements and photos. Then, consult with a personal injury lawyer to discuss whether you should file a lawsuit for your injuries.