Long-Term Effects of Leg Amputation in North Carolina Accidents

Long-Term Effects of Leg Amputation in North Carolina Accidents

Key Highlights:

  • The long-term effects of leg amputation in North Carolina accidents will have physical, emotional, and financial repercussions that will affect the victim throughout his or her life.
  • Most amputees will continue to experience phantom limb pain or residual limb pain for many years after the initial loss.
  • In addition, prostheses will continue to wear out and need replacement multiple times throughout the course of a lifetime
  • Specifically, a full claim sets forth an expectation for decades’ worth of future care, not just for the current medical expenses.
  • The rule of 1% in North Carolina may bar recovery; therefore, proving the other party’s fault is essential with the help of an experienced lawyer.

The loss of a leg is not one injury, but rather the beginning of a lifetime of adjustments to your life. The attorneys at Tatum & Atkinson Law Firm understand that the physical, emotional, and financial effects last for decades. 

For families who will face this path, knowledge of the long-term effects of leg amputation in North Carolina accidents and what you may recover under the law is the first step towards your recovery.

Facing a life-changing injury? Contact the dedicated team of amputation injury lawyers at Tatum & Atkinson Law Firm today at (800) 529-0804 for a free consultation.

What a Traumatic Leg Amputation Accident North Carolina Involves

Amputations from trauma can happen either during the accident or from surgery that follows days after the injury, depending on whether the leg can be spared due to a crush fracture, loss of blood supply, or infection. Both of these situations are considered traumatic amputations and will have the same lifetime ramifications for pursuing an injury claim.

How These Injuries Happen in North Carolina

In North Carolina, amputations typically happen as a result of high-energy trauma, which includes being involved in a car or truck accident, getting hit by a motorcycle, or being crushed while working. In all situations, the leg experiences more force than it was designed to handle.

The First Hours and Days

In the initial hours and days after the injury, the primary concern is to stop the bleeding, perform surgical techniques to close and shape the remaining limb (the stump), and prevent contamination that could lead to infection. This will be the start of what could be a prolonged hospitalization (weeks).

Long-Term Effects of Leg Amputation in North Carolina Accidents

Long-Term Effects of Leg Amputation in North Carolina Accidents

Amputation introduces lifelong health challenges that extend far beyond the initial recovery and that have serious effects on general physical wellness and joint health in the long run.

Phantom and Residual-Limb Pain

For the majority of individuals who have had an amputation, pain persists long after surgery. A national survey of amputees found that approximately 80% of survey respondents reported having phantom pain, and approximately two-thirds reported experiencing residual limb pain. For many individuals, these forms of pain persist for years after the surgery.

Mobility, Balance, and Falls

Individuals who have had an amputation typically spend many months re-learning how to walk. Once the individual has re-learned the skill, many experience fatigue, poor balance, and an increased risk of falling down stairs and on uneven surfaces.

Secondary Health Problems

The sound leg, hips, and lower back are forced to work excessively, leading to over-compensation and wear over the years. The same can be said for the joints of the remaining limb; therefore, they may be affected by both arthritis and chronic back pain, as well as skin breakdown (infections) on the remaining limb.

Prosthetics, Rehabilitation, and Adaptive Technology

Real movement is regained using a prosthetic leg, which requires individualized fitting, gait training, and replacement every few years due to both normal wear and tear over time, as well as the body changing because of its age. 

Additionally, there will be physical therapy to help the individual build strength and occupational therapy to help them relearn everyday activities through the use of assistive technology in their homes or vehicles. All these aspects will require a continuing cycle of care and expense, and not just once.

The Emotional and Financial Weight

Amputation of a limb can result in feelings of sadness, depression, anxiety, and PTSD. Mental health care and counseling are necessary components of recovery, and they are also a permissible aspect of a traumatic amputation injury claim.

A Lifetime of Costs

In addition to an initial operation, a person who has undergone a limb amputation will incur many other costs over their lifetime, including: 

  • Prosthesis replacement
  • Rehabilitation and therapy
  • Modifications to the home and vehicle
  • Lost wages 

Research studies that have evaluated patients with lower extremity amputations estimated their total lifetime healthcare costs to exceed $500,000 before any lost income is included.

Building a North Carolina Catastrophic Injury Claim

Building a North Carolina Catastrophic Injury Claim

When building a catastrophic injury claim, these are the things you should keep in mind.

What You Can Recover

Reimbursable claims can include permanent disability compensation for all medical expenses (including future medical expenses and prosthetic limb costs), lost wages, reduced earning capacity, pain and suffering, and permanent disability. Typically, the largest and most underestimated portions of a claim are for future-care costs.

The Experts Who Prove the Future

What differentiates the total amount of the claim from a quick settlement is the evidence the future-care expert provides to support it. The life care planner will provide treatment forecasts and equipment needs for several decades. The vocational expert will evaluate lost earning capacity, the economist will convert these figures into present value, and the treating medical provider will verify that the disability is permanent.

The 1% Rule Still Applies

In North Carolina, a person can be barred from recovering damages from an accident even if that person’s fault is only 1%. Proving that the defendant was at fault is the first step in the process; additionally, a claim must be filed within three years of the date the cause of action arose (N.C.G.S. § 1-52).

How an Attorney Helps

Future-proof, not past-proof, is how a leg-amputation case will be won. The catastrophic injury lawyer NC will need to prove that the other party was at fault under North Carolina’s 1% fault rule, then assemble all of your life care planning, medical care, vocational, and economic proof that demonstrates what the true lifetime cost of care will be. 

Then the lawyer will evaluate the insurance company’s offer and reject any that only considers costs for a couple of decades, not the whole lifetime. We, the Heavy Hitters, build these cases for the long haul.

You Don’t Have to Walk This Road Alone: Let Tatum & Atkinson Handle the Long Haul 

The final settlement should reflect all costs related to the accident for the rest of your life, not just for the expenses you are currently incurring. Tatum & Atkinson has been helping injured North Carolinians since 2006 by representing them in our Raleigh office and throughout North Carolina.

We, the Heavy Hitters, provide the economic proof necessary to make your case for the long-term effects of leg amputation in North Carolina accidents, and as seasoned professionals, we know how to defeat the insurance companies’ defense limits of 1%.

To have your case reviewed at no cost, please call (800) 529-0804. There is no fee unless you win your case.

Frequently Asked Questions

How is a leg-amputation claim valued?

The value of a claim is not defined by today’s medical bills alone. Lifetime projections, including future surgeries, prosthetics/rehabilitation, future lost earnings, and future pain, are typically considered when valuing the claim. 

What if my amputation happened at work?

You might have a workers’ compensation claim and possibly have made a separate claim against others at fault, possibly an equipment manufacturer, or a negligent contractor. Workers’ compensation and other third-party claims can complement one another, and an attorney can help you figure out how all the paths relate to you.

Can I still recover if I was partly at fault?

In North Carolina, any degree of fault (even 1%) can preclude recovery completely. This is why demonstrating that the other party caused the accident is critical in a case of this nature.

What does it cost to hire a lawyer?

You pay no upfront fees with a contingency-fee arrangement (no fee unless there is a recovery), and the initial consultation will always be free. 

About the Author
Robert Tatum
Robert Tatum
Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.