What Is The Average Settlement For An Amputation Injury Claim In Texas?
Updated: Oct 3
The average amputation settlement secured by our law firm ranges between $1,000,000 to $4,000,000, with some recoveries exceeding eight figures.
However, how much you receive after suffering a limb loss depends on many factors, such as the severity of the amputation, the presence of any related medical complications, your future care needs, and other important variables. Settlement data was derived from our internal database of cases handled by our trial attorneys.
The loss of a finger, hand, arm, or leg is one of the most serious and devastating injuries a person can suffer and often requires extensive future care. It is not uncommon for the cost of prosthetics, medication, therapy, and ongoing medical care to be between $200,000 to $700,000 dollars to the settlement demand submitted by our attorneys.
On this page, we’ll discuss the factors that help us determine the ultimate value of personal injury cases that involve the loss of a limb. For immediate assistance from an experienced Amputation Injury Lawyer call (866) 434-0014 or send us an online message and one of our catastrophic injury lawyers will call you immediately. We also offer free consultations, and clients pay no fees unless the case is successful.
What Is an Amputation Injury Settlement?
An amputation injury settlement is a financial agreement completed between the parties that resolves the legal claim in favor of the person who lost a limb due to another party’s negligence. Most of these cases are settled out of court in the State of Texas, with the at-fault party or their insurance company agreeing to pay compensation for the victim’s losses.
Amputation settlements often involve car crashes, job-related incidents, unsafe machines, or serious 18-wheeler collisions that result in limb loss. Settlements are designed to help cover the anticipated present and future costs of the injury, including rehabilitation, prosthetics, lost income, pain and suffering, and a diminished quality of life.
What Damages Are Awarded in an Amputation Settlement?
For amputation settlements, damages for both economic and non-economic losses are awarded. Economic damages include tangible losses the injured worker has suffered that are quantifiable. These include:
Medical Expenses: Amputation injuries require a great deal of medical treatment, including surgery and post-surgery care. Economic damages can cover financial losses due to medical care, emergency treatment, and surgery for the injury. Future medical care for the injury is also covered.
Lost Wages: Recovering from an amputation injury takes time. Economic damages can include wages you would have earned had you not been injured. Reduced future earnings are also taken into account, especially if you find you can no longer work the same job you were in and must take lower-paying jobs.
Long-Term Care Needs: Amputees require extensive care even after the amputation. This care includes rehabilitation therapy, home modification services to increase accessibility, and mobility aids and devices. The cost of treatment by physiotherapists and occupational therapists, as well as the costs of prosthetics and other devices as necessary, would count as tangible losses.
Economic damages serve to compensate the injured worker for the financial losses sustained because of their injury and amputation. The purpose of awarding these damages is so you can be restored to the same financial status you had before your injury.
Non-economic damages, on the other hand, include any loss that is subjective in nature and not easily quantifiable. These losses include mental anguish, emotional distress, physical pain, and loss of peace of mind.
Mental health conditions such as depression, anxiety, and Post-Traumatic Stress Disorder (PTSD) also count as intangible losses. If your amputation left you with scars or other kinds of disfigurement, these would also count as losses. Moreover, if your injury has left you unable to enjoy relations with your spouse, this loss of consortium also counts as non-economic damage that can be claimed.
What Factors Impact The Settlement Value for Loss of Limb Claims?
The settlement you receive is largely dependent on the following seven factors, each of which play a key role in attorneys determining the financial value of your claim. The more egregious or extreme your injury is, the negligence of your employer, and other variables, the more likely you are to receive a settlement favorable to you.
Severity of Injury
The extent and severity of your injury matters greatly when it comes to the value of your settlement. In the case of amputation, a complete amputation will result in a higher settlement amount than an incomplete one. If multiple limbs are affected, rather than just one, that will also lead to a higher settlement value.
The Cause of Your Injury
How you obtained your injury can affect liability. Sustaining your injury at a construction site, for instance, would yield a different amount in damages than if you sustained the injury in an automobile crash. Injuries sustained through medical malpractice can also lead to a different settlement value than injuries sustained through other means.
Negligence & Liability
Proving your injury was caused by negligence on behalf of your employer or a contractor is necessary in order for your claim to be successful. Evidence of gross negligence on the part of a company or manufacturer will inevitably lead to a higher settlement.
Medical Expenses & Complications
The cost of medical care is also factored into the settlement amount. The more you had to spend on medical care, including surgery, prosthetics, and rehabilitation services, the greater your settlement would be.
Moreover, if you experience medical complications as a result of your amputation injury, these, too, are taken into account. These complications can include heart problems, pneumonia, “phantom limb” pain, slow healing or infection of the wound, or DVT (deep vein thrombosis). Signs of infection include fluid or pus discharge and swollen, irritated skin.
Loss of Income & Wages
If you were no longer able to work due to your injury and were forced to take lower-paying jobs, this loss of income, too, is factored into your settlement value. Lost wages and diminished future earnings are key factors that could affect your overall compensation.
Emotional Trauma & Loss
Intangible losses like pain and suffering are also taken into account when deciding your settlement. The greater the suffering you have undergone, the more damages you may be awarded. If your injury left you unable to enjoy your life due to the trauma of the experience, you could receive a hefty settlement amount.
The Nature of the Disability
The kind of disability you have also affects the value of your settlement. Amputation injuries are permanent and take a lifetime to care for. Moreover, amputation injuries usually involve home modification, assistive devices, and the use of prosthetics, among other health care expenditures. If so, that factor would be reflected in your settlement.
Contributory Negligence
Contributory negligence is a legal defense that prevents a plaintiff from pursuing damages if he or she is found to be negligent in causing their own injury. If a plaintiff is found to have contributed even slightly to their own injury, he or she may not be able to recover damages. States that follow this rule are Alabama, Maryland, North Carolina, Virginia, and Washington, D.C.
Defendants, especially insurance companies, will attempt to argue contributory negligence in order to reduce the value of your settlement and even deny your claim altogether. We strongly urge you not to allow them to do so. Instead, consult with an attorney, who can help determine if you bear any kind of fault and factor it in accordingly.
Other Factors
Other factors that may affect your settlement value include the insurance policy limits of the parties involved. If you stand to receive only a limited amount of compensation from your insurance, then your settlement value would be greater to compensate for those limits.
Lastly, the quality of your legal representation is important as well. Consulting with an attorney knowledgeable about amputation injuries is crucial in order to get a good settlement. An expert catastrophic injury attorney will be able to navigate the intricacies and complexities of amputation injury cases.
Moreover, they can negotiate for better settlement terms according to the facts of your case and the gravity of your injury. These negotiation tactics will also ensure you receive a settlement that truly reflects the value of your losses.
Can Pain and Suffering Calculators Help Determine the Value of A Case?
Using a pain and suffering calculator is not a reliable way to determine the value of a legal claim for limb loss. For one thing, these calculations can never be 100% accurate. It is difficult, if not impossible, for any formula to capture something as subjective as pain and suffering.
In addition, amputation injuries can differ greatly between individuals and their cases. Calculators often ignore crucial factors like ongoing treatment and future impact, and oversimplify complex issues. In doing so, pain and suffering calculators give injury victims unrealistic expectations and even false hope about their settlement. Suffering, in short, has no specific “price.”
For a truly fair settlement, it is best to hire an amputation accident lawyer. A lawyer will be able to assess the extent of your injuries, the financial losses you have sustained, and your present and future medical needs. He or she will consult with medical experts about your injuries and take the unique details of your case into account.
Why Are Amputation Accident Injuries in Texas Tougher To Quantify Than Regular Personal Injuries?
Amputation injuries are more difficult to quantify because they are within the category of severe medical conditions that have long-term or permanent consequences, called catastrophic injuries. This class of medical conditions drastically affects a person's ability to live independently and often requires ongoing medical care, rehabilitation, and lifestyle adjustments.
Other catastrophic injuries include crush injuries, spinal cord damage, traumatic brain injuries, severe burns, and paralysis. Due to the lasting impact on nearly every aspect of a person’s life, assigning a monetary value to an amputation claim is far more complex and often requires a life care plan.
How Life Care Plans Help Determine the Value of Amputation Cases
Life care plans are objective documents from certified physicians that provide material evidence of an amputee's care requirements and help calculate the monetary sum needed to cover future medical treatment.
An attorney who guesses the adequate settlement amount of their client's limb loss injury is doing their client a great disservice and would likely resolve the case for pennies on the dollar. However, these assessments aren’t cheap, and most attorneys hesitate to front the cost of having these services conducted. If your attorney is unaware of these documents or makes an excuse for not needing one, you may have hired the wrong attorney.
The key components of life care plans are as follows:
Projected medical treatment costs and future surgery costs
Medications needs
Medical equipment, such as walking devices and motorized wheelchairs
Rehabilitation therapy, whether physical, occupational, or speech
Home alterations, like ramps and widened doorways
Nurses or in-home care
Transportation needs
Vocational training
Loss of earning capacity
Life care plans are one of the many important components experienced lawyers utilize to determine the proper compensation range for amputation victims. An attorney familiar with handling these cases has a host of case experts they call upon to help in certain circumstances.
How Long Does It Take To Settle An Amputation Case?
For our attorneys, settling amputation injury cases typically takes between six and 18 months. That said, every case varies depending on facts specific to it. Here are the usual steps to initiating and settling an amputation case.
Investigation & Reporting
First, attorneys must obtain all the facts, evidence, and documentation regarding your amputation injury and accident. After you seek immediate medical care for your injury, you or someone you trust should document the scene of the accident. This includes taking photos and videos, gathering witness statements, and obtaining a copy of the police report. You will need to report the injury to all parties concerned, including your employer, the insurance company, and any third party involved.
The insurance company will then conduct its own investigation, reviewing the evidence and assessing the damage caused by the incident. They may even offer you an initial settlement. However, it is important not to accept any settlement until you have spoken with an attorney. An expert lawyer will be able to analyze the terms offered and determine whether it's fair compensation. If not, the attorney can negotiate with the insurance on your behalf.
Negotiations
Next, you and your attorney will negotiate with the party at alleged fault and their insurance provider. This is the time for your attorney to present evidence and argue for a fair settlement on your behalf. If these negotiations go well, the case can be settled out of court, as most personal injury cases are. If it cannot, then the next step is to file a civil lawsuit.
Filing An Amputation Injury Lawsuit
Should negotiations fail, your attorney will file a personal injury lawsuit on your behalf to the alleged parties at fault. This lawsuit will contain details of the accident and the injuries you sustained, as well as the damages sought. The defendant will then be given time to respond to the suit.
The Discovery Process
During this process, there is an exchange of information and evidence related to the case between the parties involved. This information includes document requests, written questions or interrogations, and depositions taken out of court. Gathering all the available evidence helps to build a strong case.
Possible Mediation
Mediation is a form of dispute resolution in which a third party or mediator facilitates negotiations with the plaintiff and the defendant. If mediation succeeds, it can avoid a lengthy and costly court trial and still obtain a favorable outcome for you. If the parties are unable to come to an agreement, then the case would go to trial.
Going to Trial
During trial, both the plaintiff and the defendant will present their arguments, including all available evidence, to a judge or jury. Your attorney will attempt to prove that negligence on the defendant’s part led to your injury. The defense will also try to refute these claims, minimizing or even denying their own liability. Once the sides have presented their cases, the judge or jury will deliberate and give their verdict.
At Sneed & Mitchell LLP, we fight to resolve cases as efficiently as possible, without compromising on value. While our clients often see resolution in under a year, we also make sure that every case is thoroughly prepared to be litigated by our trial attorneys, if needed. If you have suffered an amputation injury due to negligence on someone’s part, then don’t hesitate to call (866) 434-0014 or contact us through our online form.
Avoiding Pitfalls: Common Mistakes in Amputation Accident Claims
There are many ways amputation victims can undermine their own case and strengthen the defendant’s unintentionally. Committing these common errors can lead to your receiving a lower settlement value than what is just.
Delaying Medical Treatment: A typical error people can make is to delay their medical care. Not only will delaying treatment exacerbate your injury and increase the likelihood of developing complications, but it will also prevent your injury from having a medical record. Without a document of your injuries, it will be difficult for your case to be correctly accessed for damages. Moreover, it allows the defendant to deny the facts of your medical situation altogether.
Not Following Your Doctor’s Instructions: You should also be following your doctor’s prescriptions and recommendations as faithfully as possible. Failure to do so may delay recovery and even lead to health complications such as wound infection. Moreover, the defendant may try to use missed doctor’s appointments against you by arguing you are not as badly injured as you claim to be.
Failing To Document the Accident Properly: Not documenting the accident is also a critical misstep. Evidence can vanish very quickly after an accident, which makes taking photos, videos, and speaking with witnesses all the more imperative. If you are unable to document your accident, getting a trusted person to do so for you is ideal.
Oversharing on Social Media: It is also recommended that you not overshare on social media. Information on social media can jeopardize your case, as insurance companies can and will use your online posts to fight your claim. The defendant will try to argue that pictures of you at the gym or on vacation are “proof” that you are not suffering from your injuries as you say you are. It is best, therefore, not to post anything at all online.
Don’t Speak To Anyone Without A Lawyer: To prevent further legal complications, it is important not to speak to anyone without an attorney present, especially if they offer you a settlement. First offers by insurance companies are typically less than what your case would warrant. A personal injury lawyer will be able to gauge whether the settlement being offered is fair to you or not.
Dishonesty: Lying about any aspect of your case is also inadvisable. Making sure the information you provide be correct and not withholding pertinent details is essential in order for you to get a fair settlement. Lying by fact or omission will also compromise and even destroy your credibility. Thus, it is important to be honest with your attorney about all aspects of your case.
Overlooking Future Expenses: Not taking future expenses into account and focusing only on current medical bills is also a common mistake. Amputation injuries generally require post-surgery treatment and ongoing care. Getting future treatments in writing from your health care provider, consulting with life care planners, and factoring in inflation will allow you to get a more accurate settlement that better reflects your needs.
Avoiding these pitfalls will allow you to build the strongest case possible for your amputation injury claim. Receiving expert legal counsel will also help avoid undermining your own case and strengthening the defendant’s argument against you.
Contact an Amputation Accident Attorney in Texas for Help
If you or a loved one suffered an amputation injury and have questions regarding the potential settlement value of your case, call 866-434-0014 today or contact us through our online form.
Our attorneys have extensive experience litigating limb loss claims throughout the State of Texas and will inform you of your rights and options moving forward. Recovering from these catastrophic injuries is costly, and our team will help you overcome the accident and live your best possible life.
