What Should You Do After a Loss of Limb in Virginia?
Key Highlights:
- If you’ve lost a limb in Virginia, here is what should you do after a loss of limb in Virginia: the first step is to see a doctor to be evaluated and document your injury; second, file a report regarding the details of the incident; third, consult with a lawyer about how to proceed before speaking with any insurance companies related to either the injury or accident.
- The costs of amputation will typically exceed $1 million over the course of your lifetime, and an injury claim for that type of loss will pursue damages for your physical and emotional pain, loss of the ability to earn an income in the workplace, and the need for ongoing prosthetic care.
- If you were even partially (1% or more) at fault in the accident that led to your amputation, you cannot be compensated under Virginia’s pure contributory negligence statute; therefore, having as much evidence preserved as possible from the time of the accident is necessary to prove 100% liability.
- There is generally a 2-year statute of limitations from the date of the injury under Virginia law in which to file a personal injury action to recover the damages you have incurred. If your personal injury action is not filed within this time, you will lose your right to file a suit or to seek damages from the person or entity responsible for your injury.
A traumatic amputation can unexpectedly change your life. If you’re wondering what should you do after a loss of limb in Virginia, your first concern is to protect your health and legal rights, in that order. Under Virginia law, you may be entitled to receive full compensation for your loss of limb that was caused by someone else’s negligent actions. However, the actions you take immediately following the incident may impact the outcome of your case.
Tatum & Atkinson Law Firm has experience assisting Virginia residents through catastrophic injury claims, including many of the most challenging amputation injury claim Virginia. This article contains all of the essential steps, important legal rights, and information that you require from the scene of an accident to the courtroom.
At Tatum & Atkinson Law Firm, we offer a free consultation with an attorney at (800) 529-0804 and operate on a contingency fee basis, which means you do not have to pay unless we win your case.
Immediate Steps After a Loss of Limb Injury
Your legal claim will be shaped by the first few actions you take after you have suffered a traumatic limb loss. Take action now. Here is what to do after traumatic amputation:
Seek Immediate Emergency Treatment
Every surgery, procedure, and clinical note becomes evidence for the legal action you will take concerning the loss of your limb. Any gaps that exist in your treatment may provide your insurer with legal grounds to limit the loss of limb compensation Virginia that you can recover.
Make A Formal Report Of The Incident
For vehicle accidents, file a police report. For workplace injuries, provide a written report to your employer. If your injury occurred on another person’s property, notify the property owner of the injury. Making your report on time preserves your right to recover for the injury you sustained, especially if the responsible party is a government agency or large employer.
Document All Evidence At The Accident Or Injury Scene
Take photographs and obtain witness contact information; prepare a written description of the facts while the memory of the facts is still fresh. Physical evidence, such as vehicles, equipment, and the scene of the accident/injury, will disappear quickly.
Keep All Of Your Financial Records
Keep all of your medical bills, pharmacy receipts, and lost paychecks, starting from day one. Loss of limb compensation Virginia is based on the financial loss you can document.
Contact A Loss Of Limb Lawyer Virginia
As a general rule, before talking to an insurance company, contact a loss of limb attorney in Virginia. Insurers routinely use recorded statements given to them prior to receiving legal representation to limit or deny claims. A loss of limb attorney in Virginia from Tatum & Atkinson can immediately begin to represent you from the first contact you have with an insurer.
Common Causes, Compensation, and Your Virginia Legal Rights
Amputations resulting from trauma often occur in Virginia due to a predictable set of negligent behaviors. Each of these events carries its own legal pathway to recovery. The most common causes of amputations in Virginia after injury can be broken down into three main causes and several other injury-causing incidents:
Motor Vehicle Accidents
Motor vehicle accidents, particularly high-speed motor vehicle accidents or accidents involving large commercial vehicles.
In such instances, a car accident amputation injury lawyer could pursue claims against the responsible individual or entity, the insurance company of the responsible party, and, in the case of a commercial vehicle, the trucking company.
Workplace Accidents
Work accident loss of limb Virginia cases, which frequently include amputations related to the use of industrial machinery, construction equipment, and agricultural tools, are another common cause of amputation.
Amputation injuries that happen while working would often be considered a combination of personal injury through the filing of a personal injury lawsuit with the assistance of a Virginia amputation injury attorney and compensation from workers’ compensation.
Others
In addition to the above, some of the other common causes of amputation related to personal injury include defective product manufacturers, negligent property owners, or medical malpractice, in some cases
Available Loss of Limb Compensation Virginia
There are two types of damages you may be entitled to under Virginia personal injury law for loss of limb compensation Virginia:
Economic Damages
This includes emergency room, surgical, hospital, prosthetic, rehabilitation, future medical care, lost wages, decreased earning capacity, and modifications to a person’s home, and in-home assistance.
Non-Economic Damages
This includes pain and suffering, emotional distress, PTSD, disfigurement, loss of enjoyment of life, and loss of consortium (for a spouse).
“Virginia has no caps on non-economic damages in personal injury cases. This easily allows you to quantify the full extent of your suffering. If you work with an experienced catastrophic injury attorney Virginia, then they can help you document all of your injuries and pursue both categories of damages.” – Robert Tatum
How Virginia Law Governs Amputation Injury Claims
The 1% Fault Rule: Pure Contributory Negligence
Virginia is one of the very few states with a “pure contributory” negligence rule it’s considered one of the toughest liability laws in the country.
- In other words, if a defendant can provide evidence that you were even a tiny 1 percent at fault for your suffering, this will prevent you from recovering any money whatsoever.
- This difference from almost all the other states is why it’s essential that you have an experienced traumatic limb loss attorney Virginia who proactively works to prevent this defense from being successful.
The Strict Two-Year Deadline
The period for bringing a personal injury lawsuit for amputation in Virginia is generally two years from the date of the injury as set forth in Virginia Code § 8.01-243.
- The injured party who fails to bring their lawsuit within the required period will no longer be able to pursue their claim.
- There are exceptions, such as a minor’s claim, but the applicable deadlines must still be strictly adhered to.
Workplace Injuries vs. Third-Party Claims
The process of figuring out recovery if you’re injured on the job typically utilizes several different legal paths:
- Workers’ Compensation: Generally covers medical bills and partial wage loss, regardless of fault. However, workers’ compensation does not reimburse you for pain and suffering or losses not covered by the workers’ compensation statute.
- Third-Party Lawsuits: If your injury is due to the negligence of a third party, i.e., machine manufacturer, subcontractor, or negligent driver, you may be entitled to file a separate personal injury lawsuit for amputation against them to receive any remaining damages due to your injury.
Our Virginia amputation injury attorneys at Tatum & Atkinson Law Firm can help define these two pathways for you and work toward a successful conclusion to your case.
What Should You Do After a Loss of Limb in Virginia? Contact Tatum & Atkinson
Make sure you connect with a catastrophic injury attorney in Virginia immediately after suffering a serious injury to receive guidance on what should you do after a loss of limb in Virginia. Tatum & Atkinson Law Firm works closely with professional experts to accurately determine the total value of your amputation injury claim Virginia and to document that claim through supporting evidence.
At Tatum & Atkinson, our catastrophic injury attorney Virginia will represent you throughout all phases of your permanent disability claim Virginia, from preserving all necessary evidence for your claim to vigorously litigating your case against the at-fault party should their insurer not agree to settle your claim for fair compensation. There is no cost to you to retain our services, as we only charge a fee if we win your case. Please call (800) 529-0804 today for your free consultation with our office.
Demand Accountability for Your Amputation Injury Today!
Virginia law provides a route to secure full prosthetic and rehabilitation compensation for your permanent limb loss, but only if you take action before evidence is lost and deadlines have passed.
To understand what should you do after a loss of limb in Virginia, begin with a phone call to an experienced legal team that has successfully represented catastrophic injury victims in Virginia.
At Tatum & Atkinson Law Firm, we are ready to use our experience and resources to help you achieve your goals.
Call us today at (800) 529-0804 for a free legal consultation; we do not charge unless we recover.
Frequently Asked Questions!
Can I sue for loss of limb in Virginia?
If your limb was lost due to the negligence of someone else, such as in a motor vehicle accident, work-related incident, faulty product, or unsafe conditions of property, you have a legal right to file a personal injury case.
What compensation is available after a traumatic amputation?
As a victim, you can recover your economic damages, such as payment for medical expenses, prostheses, and lost wages, as well as your non-economic damages, such as pain and suffering, mental anguish, disfigurement, and loss of enjoyment of life.
Who pays for prosthetics after an accident?
The at-fault party’s insurer is usually required to pay for any costs associated with the prosthesis. Workers’ compensation will cover prosthetics for work-related injuries. An attorney will make sure all future replacement costs will be included to ensure you get the full value of damages.
Can workplace accidents cause loss of limb claims?
Yes, in many instances, a worker can file both a claim for loss of limb under workers’ compensation as well as an independent claim for damages from a third party (i.e., manufacturer of defective equipment, landowner, or negligent contractors at the worksite).
How long do I have to file an amputation lawsuit in Virginia?
The statute of limitations for Virginia injury cases is generally two years from the date of the injury. If the two-year limit has passed, you will forever be prevented from pursuing your claim against the at-fault party.
