What Is An Amputation In Virginia?

Key Highlights:

• What is an amputation in Virginia is defined as losing one’s limb or body part, which can either occur due to a traumatic injury or through an authorized procedure when the limb cannot be saved. 
• If negligence is involved and one has lost a limb, the responsible party may be held accountable for expenses arising out of this.
• Because of Virginia’s strict 1% rule, you need an airtight strategy to protect your catastrophic injury claim from unfair blame. 
• Filing the right claim can make it easier to get the vital funding required for lifetime prosthetic treatment, rehabilitation, and home alterations.

Loss of a leg, foot, hand, arm, or other part of the body in an accident or surgical procedure is known as “amputation.” An amputation injury Virginia caused by someone else’s negligence results in a permanent loss that incurs long-term costs to the victim. 

At Tatum & Atkinson Law Firm, our Virginia personal injury lawyer believes you should not be required to pay for a careless person’s mistake.

Reach Tatum & Atkinson Law Firm today at (800) 529-0804 for a free consultation regarding your case.

Traumatic and Surgical Amputation Injury Virginia

A traumatic amputation occurs on the spot; a body part severed by something heavy, a machine, or an explosion. Surgical amputation is performed after the fact when the doctors remove a limb from the patient because it was smashed, diseased, or had no blood supply. While for medical purposes, it is important to differentiate between the two, it has no value when it comes to recovering damages: if negligence was responsible for the injury leading to amputation, the perpetrator is liable for the latter as well.

Types of Limb Loss

Amputation may be classified according to the specific anatomical site of loss:

• Upper-extremity loss – fingers, hands, parts of hands, and arms.
• Lower-extremity loss – toes, feet, or legs (Lower extremity amputations prevail, accounting for 83% of all amputations).

The higher up the amputation takes place, the greater it affects independence and needs more customized prosthetics.

What Causes Amputation Injuries in Virginia

The cause of amputations is not due to illness but negligence. The causes include:

• Road traffic accidents, such as motorcycle, truck, and car accidents that crush or trap the limb in a vehicle.
• Accidents at the workplace or construction site, including the use of machines or heavy equipment.
• Defective equipment, product, or vehicle used under normal functioning.
• Accidents where there is a fire or explosion.
• Critical cases of crushing, thus the limb is damaged beyond repair.

Treatment and the Lifetime That Follows

When someone has to undergo amputation, it is hardly ever a simple process. Amputations usually begin with emergency operations, many surgeries, wound treatment, and a lengthy rehabilitation process, which includes not only fitting prosthetic limbs but also going through therapy. 

Artificial limbs bring continuous problems because they get old and need constant change. The matter is more than just physical: some of them feel phantom pain in their lost limb, while others suffer psychologically with body image issues. 

Moreover, lost earnings and expenses related to rehabilitation, modifying one’s house and car, and purchasing assistive devices add a financial burden on amputees. According to the Amputee Coalition, about 2.3 million people in the United States deal with the loss of limbs.

Liability, Virginia’s 1% Rule, and Compensation

Establishing negligence is the first step in making a claim against a negligent driver, employer, property owner, or manufacturer of a faulty product. In Virginia, it is a more serious matter since pure contributory negligence means that if the responsible party is found to be even one percent guilty, they get nothing. 

In the correctly calculated case, one can receive compensation for medical bills, future medical care, wages lost, loss of future earning ability, pain and suffering, permanent disability, and loss of the pleasure of life. The time period for the filing of the claim is likewise two years from the moment of the injury, according to Va. Code § 8.01-243.

Moving Forward After an Amputation Injury in Virginia? Contact Us Today For Free Consultation

When you lose a limb, it can completely change your life.

If the negligence of others was behind your amputation injury Virginia, then you have every right to seek compensation not only for the current medical bills but also for other medical expenses you will incur throughout your life.

Our amputation attorneys at Tatum & Atkinson cater to clients with catastrophic injury claims throughout Virginia. From our Cedar Bluff office, attorney Jon Ward provides services to families living in Southwest Virginia. Our Heavy Hitters can help you find out the amount of your long-term expenses and protect you against the application of contributory negligence rules by insurers when they refuse compensation. 

Don’t forget to schedule a free consultation with us by calling (800) 529-0804 today!

FAQs: What Is an Amputation in Virginia?

If a surgeon performed the amputation, is it still the at-fault party’s responsibility?

Yes, responsibility is determined based on the reason for the injury rather than who performed the procedure.  If a negligent reason caused amputation, then someone is liable even if the surgeon did the procedure.

How is the cost of losing a limb calculated for a claim?

The significant claim involving amputations must cover all future expenses, including prosthetic devices and rehabilitation, as well as surgeries, medical devices, home modification, and loss of capacity to earn money. Here, medical and financial experts play their role in evaluating the expenses that will be incurred in the future. 

What if the insurance company says I was partly to blame?

Expect insurance companies to blame you for your own situation, since the law regarding contributory negligence in Virginia prohibits obtaining compensation for any fault of the individual, even if it is only 1%. Hence, it is important to conduct an exhaustive investigation of the case.

How long do I have to file an amputation claim in Virginia?

Usually, two years start ticking from the date of injury in Virginia. However, there are circumstances that can shorten this limit: notice requirements for governmental bodies are shorter than in other situations, and deadlines for a minor vary, too. Therefore, it is wise to check this information beforehand.

What does it cost to talk with a lawyer about an amputation?

These cases are dealt with on a contingency basis, meaning that no fees are charged unless money is recovered and the first consultation is free of charge. This is particularly relevant in situations of catastrophic injuries because building a case requires considerable time and expenditures. 

About the Author

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.