Attorneys for Workplace Amputation Accidents

Common Causes of Amputations

Amputations are frequently the result of catastrophic accidents, although the specific types of incident often vary.

Some of the most common causes of amputation injuries include:

• Traumatic accidents. Traumatic accidents causing catastrophic injuries that lead to amputations commonly include motorcycle accidents, car accidents, and truck accidents or use of defective products.
• Disease. Cancer, diabetes, and vascular diseases can lead to amputations to prevent disease spread and remove necrotic (dead) tissue.
• Infections. Certain infections can result in amputations to prevent infection spread.

Less common causes of amputation include medical malpractice, where a healthcare provider amputates a limb that could be saved or provides substandard care that results in injury or infection, resulting in limb amputation.

Damages Awarded in Amputation Cases

When an amputation is the result of another party’s negligence, a victim can seek compensation from the negligent party. Money awarded in civil actions is referred to as damages, and there are multiple kinds of damages.

Compensatory damages are amounts that are intended to replace what the victim lost, and they are usually the sum of economic damages, noneconomic damages, and punitive damages.

Economic Damages

Economic damages (also referred to as economic losses) refer to quantifiable monetary losses the victim experienced, such as:

• Past and future medical expenses
• Past and future lost wages
• Future economic losses/loss of earning capacity
• Property damage
• Any other out-of-pocket expenses

Noneconomic Damages

Noneconomic damages are much harder for the parties involved to agree on, as such damages are largely forms of the very real impact an injury has had on a person’s life that cannot be calculated. Noneconomic damages are intended to compensate victims for the psychological ways injuries have affected their lives.

Common types of noneconomic damages award in amputation cases include, but are not limited to, the following:

• Disability or disfigurement
• Pain and suffering
• Loss of consortium
• Loss of enjoyment/loss of quality of life
• Mental anguish/emotional distress

Punitive Damages

In certain cases, victims may also be entitled to punitive damages. Illinois Pattern Civil Jury Instruction 35.01 establishes that, in addition to compensatory damages, the law permits juries under certain circumstances to award punitive damages.

A jury can award punitive damages to punish a defendant and discourage them and others from similar conduct if the jury 1.) finds that a defendant’s conduct was fraudulent, intentional, willful, and wanton and approximately caused injury or damage to the plaintiff and 2.) believes that justice and the public good require it.

Illinois Pattern Civil Jury Instruction 35.01 also states that jurors should consider the following three questions when arriving at their decision as to the amount of punitive damages:

• How reprehensible was the defendant’s conduct?
• What actual and potential harm did the defendant’s conduct cause to the plaintiff in this case?
• What amount of money is necessary to punish the defendant and discourage the defendant and others from future wrongful conduct [in light of defendant’s financial condition]?