Tampa Amputation LawyersAn unnecessary amputation of a limb can be devastating and will change a person’s life forever. If you are a loss of limb or partial amputation victim you need the experience of Tampa Amputation Lawyers Morgenstern & Herd to hold the negligent parties accountable. Call for a free case evaluation.
Wrongful Amputation and Loss of Limb
Amputation is one of the most catastrophic results of an accident or medical malpractice in Florida. The Tampa Amputation Lawyers at Morgenstern & Herd, P.A protect your rights and interests if you have suffered the partial or total loss of a limb through amputation in an accident or from medical negligence.
An amputation is a life changing experience, for not only the victim but his or her family as well. Daily activities, employment, and personal relationships can all be affected by an amputation.
Our Personal Injury Lawyers at Morgenstern & Herd, PA are skilled professionals that work diligently to ensure you receive the proper medical and physical therapy care you need as timely as possible. We fight to recover the maximum amount of monetary compensation possible for you, including:
- Compensation for your injuries
- Future and present medical expenses
- Loss of wages
- Pain and suffering
- Prosthetics or artificial limbs
- Punitive damages if necessary
Medical Causes for Amputation
Amputation is when a body extremity is removed by either by trauma or surgery. Total or partial amputation of a limb may result for the following reasons:
- Diabetes—30–40 percent of amputations are performed on patients with diabetes
- Peripheral arterial disease (PAD) is due to hardening of the arteries—leading cause of amputation in people 50 and older and also accounting for 80–90 percent of amputations overall
- Burn injuries
- Congenital limb deficiency—an infant is born without part or all of a limb
- Medical negligence or malpractice
Types of Accidents Where Amputations Can Result
Amputation can happen because of any accident, including:
Frequently Asked Questions About Personal Injury ClaimsWhat is Comparative Negligence?
- Comparative negligence means that if you are the claimant and you are alleging that the defendant did something that caused your injuries, his or her conduct is compared with your conduct to determine whether or not your conduct, the claimant, the plaintiff contributed to causing the injuries. It’s really a comparison of the conduct between the defendant and the plaintiff that may or may not have contributed to causing the injuries.
- At Morgenstern & Herd, after we complete a discovery phase and evaluation when we take your case, we’ll give the insurance company and the defendant an opportunity to resolve the case without filing suit. Once formal suit is filed, then formal questions are served, and you provide answers. We help you formulate the answers. We provide those to the other side. Once that paper discovery is exchanged, then depositions are taken where you’re sworn in as a witness and you provide sworn testimony.
In most cases, one of the potential elements of damages is mental anguish or emotional distress. There are a few causes of action where emotional distress is not available in some wrongful death cases and in some injury cases involving maritime, admiralty law, Federal Employers Liability Act (FELA), or a railroad worker hurt on the job. There are situations where emotional damages may not be available to family members, spouses, children, but for the most part, emotional damages or mental anguish is available.
One of the things you should understand about mental anguish is that some people may have prior treatment with a psychologist or a psychiatrist, and what the defense attorney will try to do is bring up that prior treatment with a psychologist or a psychiatrist to basically claim that your emotional problems, your mental anguish, are really preexisting. They’re just problems that you had prior to this accident, prior to your injuries, and sometimes the effect of that prior psychological or psychiatric treatment can impair your ability to get a fair shot at trial. Sometimes your attorney may discuss with you the possibility of dropping your mental anguish claim in order to keep the psychological or psychiatric records out of evidence, which will oftentimes benefit you in the prosecution of your case.
By and large, emotional damages, mental anguish is a recognized element of damages in most causes of action.
Protecting Victims of Wrongful Amputation and Loss of Limb
If you or a loved one has been a victim of an amputation from an injury, contact our experienced Tampa Amputation Lawyers to fight for you.Morgenstern and Herd have achieved an AV® Preeminent™ Martindale-Hubbell® Peer Review RatingSM—a distinction signifying the highest quality legal work, professionalism, and ethical standards.