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Amputation can often be the result of a traumatic injury, requiring an intricate and life-altering surgery. This procedure, which is often life-saving, can also change everything about how you are able to live life. Unlike many other injuries which heal to the point of almost being unrecognizable, you will suffer the loss of a limb and, by extension, a constant reminder of the trauma endured.
While amputations are typically necessary in the event of irreparable damage,1 people can still suffer long afterwards from various issues, including psychological impacts.2 As an amputee, you have to consider every aspect of how your life has changed because of your injury. Because of its permanence, victims and surgeons have numerous considerations to account for when choosing whether to salvage or amputate a limb.3 At Bergeron Clifford, we consider this a visiblecatastrophic injury that can alter the course of our client’s lives.
Undergoing a traumatic amputation can be the result of someone else’s negligence, usually caused by a car or motorcycle accident. Amputations cause difficulties not only in the short term but also serve as a permanent reminder of the accident. You might continue to have chronic pain4 or suffer from ongoing psychological trauma as a culmination of the consequences of the incident.
The loss of a limb can manifest in various ways, both physically and emotionally, that can impact your daily life:
The area where you lost the limb may serve as a constant reminder of the trauma you had to overcome. You could suffer from anxiety or depression, restricting your quality of life.
PTSD is more common in amputees who have lost a limb as the result of a tragic incident,5 which might cause you to drastically react to specifics from the event, such as struggling to get into a car after a motor vehicle accident. You may also have angry outbursts, insomnia, nightmares, or flashbacks as a result of PTSD.
At Bergeron Clifford, we have extensive knowledge of amputation injury cases and handle each with the utmost care and concern, working with you to understand the full scope of how this injury has impacted your life. We work collaboratively with a range of specialists, from physiotherapists to psychologists, to substantiate your claim effectively, aiming for fair and adequate compensation for your trauma.
The amount of your compensation will take several factors into account, including:
These unique devices are fitted depending on existing bone, muscle mass, and movement, as well as a few other components, allowing you to live a more complete life again. However, they can be expensive, and it may be difficult to find a specialist. Depending on the body part they must replace and the functions required of the limb, you may also need to replace them on a regular basis.
Although the limb that was amputated, if left alone, would have caused intense and unbearable pain, the area that remains can still feel ongoing discomfort. This may arise from compensatory movements required to work around the lost limb or from the prosthetics. Phantom pain is also a frequent and terrible side effect that is difficult to treat.
Post-amputation, your professional and personal life might witness substantial shifts. The need for enhanced support or a career change to align with your new lifestyle are essential considerations in assessing overall loss.
The emotional pain of losing part of your body and the social stigma can be intense. If you have chosen to amputate, or if you did not have a choice and suffered amputation during the accident, you may be subject to emotional effects that are very intense.
If you or a loved one has suffered from an amputation, the professional legal team at Bergeron Clifford is here to help. We work tirelessly for our clients to ensure they are awarded fair compensation for their trauma that reflects the struggles they have to encounter in everyday life. If you would like to learn more about the benefits of working with an experienced amputation injury lawyer, please contact us.
I had the honour of representing a gentleman who was seriously injured in a motorcycle collision when an oncoming vehicle crossed over the center line and entered our client’s travelled portion of the roadway.
Among the gravest injuries was a compound fracture to his right femur that required surgical intervention and internal fixation using pins and a rod. Our client’s recovery was complicated by a subsequent fall, resulting in an infection that ultimately required the amputation of the injured right leg above the knee.
The impact of the injuries was devastating, and our client’s resources were extremely limited.
Living alone in a rural area with two large dogs, his life of drag racing, motorcycle riding, and restoring classic vehicles came to a halt as a result of the accident-related injuries. The inability to access his basement stove meant a significant change in his living conditions. This, combined with persistent pain and limited mobility, heavily affected his emotional well-being, plunging him into a crisis.
Complicating matters further, the accident benefits insurer advanced the position that the client’s subsequent fall and resulting infection that led to the amputation was not accident-related.
Our firm operates on a contingency basis, and we also cover the monetary costs associated with the claims process. In this particular case, our firm’s coverage of the fixed costs associated with articulating the claim and our contingency-based fee arrangement meant that our client didn’t have to fund his own lawsuit and pay legal fees throughout the course of the claim. Instead, Bergeron Clifford LLP hired and paid for the very best medical practitioners to provide opinions with respect to the causal connection between the accident and the injuries sustained. The firm also arranged for the very best of care and treatment, funded through the claim process, ensuring our fees were only collected upon the successful settlement of the case.
CONCLUSION
Ultimately, we were able to obtain a “catastrophic” designation on the eve of a hearing involving our client’s accident benefits insurer, which provided coverage for home and motor vehicle modifications. With the catastrophic designation, we were also able to access additional resources and support for our client’s care and reintegration into the community and social activities that had been enjoyed previously.
Additionally, all the good work that was accomplished in our pursuit of a catastrophic designation in the context of our client’s accident benefits insurer is expected to greatly assist in a fair and reasonable resolution of our client’s yet-to-be-resolved lawsuit against the at-fault driver.
A personal injury lawyer can be a vital ally during the challenging journey of recovering from an amputation injury. Our team of dedicated legal professionals understands the physical, emotional, and financial toll that such injuries can take on your life. Here’s how we can assist you:
Amputation injury cases often present unique challenges due to their severity and life-altering consequences. Some challenges include:
Yes, you can pursue a claim if your amputation injury occurred at work. In addition to workers’ compensation benefits, you may also have a third-party claim if someone other than your employer or a coworker was responsible for the injury. These cases can be complex, but we have the expertise to explore all avenues for compensation and ensure you receive the support you need.
1. Mary Anne Dunkin. 2012. “Amputation Overview.” WebMD. WebMD. January 30, 2012. https://www.webmd.com/a-to-z-guides/definition-amputation.
2. Kuschmider, Rebekah. 2021. “Emotional Recovery after Amputation.” WebMD. 2021. https://www.webmd.com/a-to-z-guides/features/emotional-recovery-amputation.
3. Rajasekaran, Shanmuganathan. 2008. “The Utility of Scores in the Decision to Salvage or Amputation in Severely Injured Limbs.” Indian Journal of Orthopaedics 42 (4): 368. https://doi.org/10.4103/0019-5413.43371.
4.Cohen, Steven, and Hsu. 2013. “Postamputation Pain: Epidemiology, Mechanisms, and Treatment.” Journal of Pain Research, February, 121. https://doi.org/10.2147/jpr.s32299.
5. Sahu, Anamika, Rishab Gupta, Sushma Sagar, Mohit Kumar, and Rajesh Sagar. 2017. “A Study of Psychiatric Comorbidity after Traumatic Limb Amputation: A Neglected Entity.” Industrial Psychiatry Journal 26 (2): 228–32. https://doi.org/10.4103/ipj.ipj_80_16.
Let us help you if you have suffered amputation anywhere in Eastern Ontario. Contact us at 866-384-5886 or fill out our online form. We can meet you at our offices, including Kingston, Ottawa, Whitby, Carleton Place, Perth, or meet wherever is most convenient for you.
Recovering from, or adapting to, a serious injury can take time. However, given enough time and proper care, many injured people are able to return to a life very much like the one they knew before suffering the injury.
As an injury lawyer practicing in Eastern Ontario, where our head office is in Kingston but with offices throughout the East in Whitby, Perth, Carleton Place, and Ottawa, one of the most common questions I get asked by new clients […]
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