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Loss of Limbs through Accidents

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Introduction

Amputation occurs when any limb or piece of the body is severed. An amputation can be partial or total. There are two types of amputation:  unintentional amputation arising out of a trauma to one or more limbs and intentional surgical amputation.

Unintentional amputations also called Traumatic Amputations is the Loss of Limbs through Accidents & can happen during some serious accidents, where a person's body part may be literally torn off & this is classed as being an amputation caused by trauma.

CausesBethany Hamilton (Professional Surfer - Lost arm through shark attack)

Accidents which sometimes lead to this type of amputation include:

  • Road Accidents and in particular, motorcycle accidents, cycle accidents and accidents involving pedestrians.
  • Accidents at work, particularly those involving dangerous machinery.
  • Severe injury (from a vehicle accident or serious burn, for example)
  • Frostbite, caused by extreme cold.
  • Attack by people animals like Sharks, etc.

The tangible economic damages associated with amputation include medical bills, prosthetic limbs, physical therapy and rehabilitation, lost income, and lost earning capacity. An accident victim’s family members may also suffer certain damages in that they can no longer rely on a severely injured person to perform household chores or even perform basic tasks.

Liability for Amputation Injuries

Workplace accidents in factories and manufacturing plants or road accidents can give rise to amputation injuries. Compensation is the only available remedy against an employer if you suffer a loss of limb at work. If an unintentional amputation is caused by someone else’s negligence outside the workplace, however, that person can be sued for compensatory damages. For example, a truck accident can result in the loss of a limb. So can a defectively designed product.

In a product liability case, the defendant also can be sued under theories of both strict liability and negligence. Table saw injuries, for example, may result in a loss of limb. The person using the table saw may amputate a finger or other body part. In some cases, the amputation could have been prevented if the product manufacturer had added a safety device to the product, such as flesh-detection technology. Failure to add safety devices to their saws at a feasible cost constitutes a design defect, sometimes allowing people who have lost limbs to recover damages from the manufacturer.

After amputation, they individual may experience significant phantom limb pain as well as debilitating psychological distress. A person who suffers an amputation often has to adjust to a whole new life and relearn basic skills, such as eating, using the bathroom, and walking. Advances in prosthetics can assist an individual to become mobile again.

 

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