Personal Injury

South Carolina Amputation Lawyer

Image of a man on a bench with crutches

Undergoing an amputation is most likely one of the greatest physical and emotional challenges someone could ever experience. Amputation can happen with traumatic injuries or from surgery that is needed to remove a diseased or dead limb or body part.  Not only is the surgery itself distressing, but it can also have devastating mental health effects too. What’s more, there are also the additional hardships you’re likely to face, including the impact on your employment, your relationships, and your independence. Life as you know it has likely been turned upside down. 

In addition, you have probably received expensive medical bills to cover the surgery, rehabilitation, ongoing medication, plus the expensive outlay to modify your home.

Amputation Claims

In some cases, undergoing an amputation may be the result of someone else’s negligence. At Clore Law Group, LLC, our specialist personal injury lawyers are experienced in achieving successful results in the most complicated of lawsuits. We understand that losing a limb or body part in an accident or due to someone else’s fault results in physical, mental, and financial suffering. We will fight for you and your family to recover the compensation that you deserve.

Common reasons for limb amputation

Auto accidents - One of the most common causes of amputation injuries. A high-speed, high impact auto accident can sometimes lead to an amputation. In some cases, the accident can cause irreversible limb damage, leaving healthcare professionals with no choice but to amputate the damaged body part.

Workplace accidents  - Workplace accidents, particularly ones on construction sites, can cause an amputation. Bad falls, crushing accidents, and machinery malfunction, just to name a few, can all lead to the traumatic loss of a limb.

Explosions and blasts - An explosion can be the result of a faulty product, operator inexperience, or negligence. Again, the accident can lead to irreversible limb damage, giving healthcare professionals no choice but to remove the damaged body part.

Medical malpractice - In extreme medical malpractice cases, a patient may suffer the loss of a limb or body part at the hands of a medical professional’s negligence. Just some examples include a medical professional’s failure to identify and treat post-operative blood clots, or because of misdiagnosis, such as of an infection that leads to the spreading from the site of the original infection to the point where amputation is required, or where cancer is diagnosed wrongly--for example a diagnosis of breast cancer when there is none—leading to a mastectomy.

Filing an amputation claim in South Carolina

Once you file a lawsuit you become a Plaintiff, and the at-fault party you sue becomes the Defendant. After we file a lawsuit, we start the discovery phase of your case; this involves gathering facts and can include:

Medical examinations: A medical examination is often performed by your chosen doctor. Sometimes, the defendant or insurance company will ask for a second opinion.

Documentation and Physical Proof: Documentation can significantly help with your case, allowing us to prove to the court and/or insurance company that you within your legal rights to file a claim. Documentation and physical proof may include medical records, radiology imaging studies, photos and bills for prosthetics, therapy, copies of your insurance policy, plus any other appropriate papers and proof.

Depositions: This is witness testimony given outside of court but still under oath, and can play an important role in the discovery phase.

Interrogatories: We will issue written questions, also known as interrogatories. These interrogatories are to be answered in writing by the party receiving them.

Expert witnesses: Sometimes, we may need to use an expert witness or witnesses. An expert witness is a highly trained and credible professional who will provide a testimony based on their expertise. Expert witnesses are used to explain complex topics to judges and juries, and to establish that the Defendant violated a standard of practice or care.  To prove fault for your injury, the type of expert needed will depend on the nature of the case and what happened.  The same is true for the injury and damages experts.  Usually, the types of expert witnesses that may be involved in an amputation case are those who work in the appropriates fields, like truck drivers, maintenance and equipment experts, engineers, technicians, biomedical engineers, and/or doctors, just to name a few.

The next steps after the discovery phase

By the time the discovery phase is concluded, both parties should have a full view of the case, along with knowledge of what evidence is to be presented at trial. Both parties will re-evaluate their positions and often cases can settle before they go to trial. However, if the parties are unable to agree, the case will go to trial.

The types of damages and compensation awarded in an amputation claim:

  • Medical bills
  • Rehabilitation expenses
  • Loss of earnings
  • Emotional distress
  • Home modifications
  • Prosthetic costs
  • Physical and emotional therapy
  • Pain and suffering
  • Physical impairment and disfigurement damages
  • Any other costs that arose due to the amputation

The attorneys at Clore Law Group, LLC have successfully handled cases resulting in amputation, resulting in settlement or significant jury verdicts.

If you’ve been a victim of serious injury as a result of someone else’s negligence, please get in touch with us at Clore Law Group, LLC. You can contact us at 1-800-610-2546 or 1-843-722-8070, or you can email us at Team@clorelaw.com.

Since initial consultations are always free, there’s no cost in learning your legal options.

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