Miami Amputation Lawyer | Florida Personal Injury Attorney

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we recognize that an amputation is not just a physical loss, but a life-changing event that can affect every aspect of your well-being. Losing a limb can bring overwhelming emotional distress, financial hardship, and significant lifestyle changes. Whether the amputation results from a traumatic accident or a preventable medical mistake, the aftermath can be devastating for victims and their families. These injuries can stem from the negligence or wrongful actions of others, and in these cases, you deserve justice and fair compensation for the damages you’ve suffered.

Our Miami personal injury lawyers have a proven track record of fighting for the rights of individuals affected by catastrophic injuries, and we are committed to obtaining the maximum compensation our clients need to rebuild their lives. If you or a loved one have suffered an amputation due to someone else’s negligence, contact Flanagan & Bodenheimer Injury & Wrongful Death Law Firm today at 305-638-4143 for a free consultation. Our attorneys will evaluate your case, explain your legal options, and work tirelessly to secure maximum compensation. 

Table of Contents

• Common Causes of Amputation Injuries
• Understanding Different Types of Amputations
• Medical Issues Related to Amputations
• What Compensation Am I Entitled To If My Amputation Was Caused By Negligence?
• Florida Laws That May Affect Your Amputation Case
• Why Choose Our Personal Injury Lawyers for Your Amputation Case
• Free Consultation With a Miami Amputation Attorney

Common Causes of Amputation Injuries

Amputation injuries can occur in various ways, sometimes due to the negligence of another party. According to the Amputee Coalition, 45% of amputations in the United States are caused by trauma. There are approximately 2.1 million Americans living with limb loss, with approximately 507 amputations occurring every day. Some of the most common causes of amputation injuries include:

• Car Accidents: High-speed collisions or severe impacts in car accidents can cause crushing injuries or trauma to the limbs, sometimes necessitating amputation due to the severity of the damage.
• Motorcycle Accidents: Due to the lack of protection for motorcyclists, collisions can result in catastrophic injuries, including amputations, from direct contact with other vehicles, the ground, or other objects.
• Truck Accidents: Accidents involving large trucks often lead to severe injuries because of the size and weight of the vehicle. The force of impact can cause limb-crushing injuries that require amputation to save the victim’s life.
• Workplace Accidents: Industrial accidents, particularly those involving heavy machinery, can lead to amputations.
• Medical Malpractice: Failure to diagnose or properly treat infections or conditions like diabetes can necessitate amputation.
• Defective Products: Malfunctioning machinery, tools, or equipment may cause serious injuries requiring amputation.
• Premises Liability Accidents: Property owners can be held liable for unsafe conditions that lead to accidents causing amputation injuries.
• Firearm Injuries: Gunshot wounds, whether accidental or due to intentional violence, can cause significant tissue damage leading to the need for amputation.
• Severe Burns: Burn injuries from fires, chemicals, or explosions can cause irreparable damage to limbs, sometimes requiring surgical amputation.
• Agricultural Accidents: Farming equipment such as tractors and augers can cause traumatic amputations if not properly maintained or if safety protocols are neglected.
• Pedestrian Accidents: Pedestrians struck by vehicles can suffer extreme trauma to the limbs, often leading to amputation due to the severity of the impact.

Understanding Different Types of Amputations and Related Medical Issues

Amputation is a life-altering event that results in the removal of a limb or extremity due to trauma, medical conditions, or surgery. While amputation can be necessary to save a life, it is a drastic procedure that brings numerous physical, emotional, and medical challenges. Different types of amputations vary in severity and location, but all can lead to complications that affect a person’s overall health, mobility, and quality of life. 

Types of Amputations

Upper Limb Amputations

Upper limb amputations involve the removal of any part of the arm, from the shoulder to the fingers. These amputations are often categorized based on the location of the removal, including:

• Partial Hand Amputation
• Wrist Disarticulation
• Below the Elbow Amputation
• Elbow Disarticulation
• Above the Elbow Amputation
• Shoulder Disarticulation
• Forequarter amputation

Lower Limb Amputations

Lower limb amputations involve the removal of any part of the leg, from the toes to the thigh. These amputations can be caused by traumatic injury, infection, or complications from medical conditions such as diabetes or vascular disease. This may include:

• Partial Foot Amputation   
• Ankle Disarticulation
• Below-the-Knee Amputation (Transtibial)
• Knee Disarticulation
• Above-the-Knee Amputation (Transfemoral)   
• Hip Disarticulation
• Pelvic Amputation

(Source: Johns Hopkins)

Medical Issues Related to Amputations

Amputation is not just the removal of a limb; it carries with it numerous medical complications that patients must manage throughout their recovery and long-term care. Some of the common medical issues related to amputations include:

• Phantom Limb Pain: Many amputees experience phantom limb pain, where they feel pain or discomfort in the limb that has been removed. This condition is caused by nerve endings that send signals to the brain, leading to the sensation that the missing limb is still there. Treatment can include medications, nerve blocks, or physical therapy.
• Infections: The site of amputation is highly susceptible to infections, particularly in cases where the amputation was performed due to medical conditions like diabetes. Proper wound care and monitoring are essential to prevent serious complications.
• Prosthetic Challenges: Fitting and adjusting to a prosthetic limb can be a long and difficult process. Some patients may experience issues such as skin irritation, pressure sores, or difficulty achieving the correct fit, requiring ongoing medical attention and rehabilitation.
• Muscle Atrophy and Contractures: After an amputation, the muscles surrounding the residual limb may weaken or shrink due to lack of use, leading to muscle atrophy. Additionally, contractures, or the tightening of muscles, can occur, making it difficult for the residual limb to be positioned correctly for a prosthetic.
• Heart Problems: Amputation surgery and the overall stress it places on the body can lead to cardiovascular complications. Patients may be at increased risk for heart attacks or other heart-related issues following the procedure.
• DVT (Deep Vein Thrombosis): Amputees are also at risk for developing deep vein thrombosis (DVT), a condition where blood clots form in deep veins, typically in the legs. This can be dangerous if the clot travels to the lungs, causing a pulmonary embolism.
• Slow Wound Healing and Infection: After amputation surgery, some patients experience slow wound healing, which increases the risk of wound infections. Proper post-surgical care is essential to prevent infection and ensure the healing process goes smoothly.
• Pneumonia: Post-surgical patients, especially those who are bedridden or have pre-existing conditions, may develop pneumonia after an amputation. This can be life-threatening if not addressed promptly.
• Emotional and Psychological Impact: The emotional toll of amputation cannot be overlooked. Amputees often experience depression, anxiety, or post-traumatic stress disorder (PTSD) as they cope with the loss of a limb and the changes to their lifestyle. Psychological support and counseling are essential components of the recovery process.
• Rehabilitation and Physical Therapy: Rehabilitation is crucial for amputees to regain as much function and independence as possible. Physical therapy can help strengthen the residual limb, improve balance, and teach patients how to use prosthetics or other mobility aids.

Amputation injuries are complex, with each type bringing its own set of challenges and medical issues. Whether caused by trauma or medical necessity, an amputation profoundly impacts every aspect of a person’s life. If you or a loved one has suffered an amputation due to an accident or negligence in Miami, it is essential to understand your legal options and pursue compensation for the medical, emotional, and financial challenges you face.

What Compensation Am I Entitled To If My Amputation Was Caused By Negligence?

If your amputation injury was caused by the negligence or wrongful act of another person or entity, Florida law provides multiple avenues for seeking compensation to address the financial, physical, and emotional toll of the injury. At Flanagan & Bodenheimer, our Miami amputation attorneys are dedicated to helping amputation victims secure maximum compensation by pursuing claims for:

• Medical Expenses: This includes immediate medical costs such as emergency treatment, surgeries, and hospitalization, as well as long-term expenses like prosthetics, rehabilitation, physical therapy, and ongoing medical care.
• Lost Wages and Loss of Earning Capacity: An amputation injury can severely impact your ability to work, whether it’s a temporary loss of income during recovery or permanent disability that prevents you from returning to your previous occupation. We help you pursue compensation for both lost wages and the long-term loss of earning potential.
• Pain and Suffering: Amputation often leads to significant physical pain, emotional distress, and mental anguish. You are entitled to seek compensation for these non-economic damages, which account for the reduction in your quality of life, including the psychological trauma associated with losing a limb.
• Permanent Disability: In Florida, amputation injuries are considered catastrophic, leading to permanent disability in many cases. Victims are entitled to compensation that reflects the life-altering nature of the injury, including the loss of mobility, independence, and long-term adjustments to daily life.
• Home Modifications and Assistive Devices: Amputees often need to make modifications to their homes to accommodate their new needs, such as ramps, stair lifts, or widened doorways. Additionally, compensation can cover the cost of assistive devices like wheelchairs or prosthetic upgrades.

Florida Laws That May Affect Your Amputation Case

Several Florida laws may apply to personal injury claims involving amputations. These laws are essential for understanding your rights and the legal framework that governs personal injury cases.

Florida Statute of Limitations (House Bill 837)

As of March 24, 2023, the statute of limitations for most personal injury claims, including those involving motor vehicle accidents, defective products, and premises liability, is two years from the date of the incident, as set forth in House Bill 837. This timeframe means that amputation victims must take legal action quickly to preserve their right to compensation.

There are, however, exceptions to this rule for certain cases, such as those involving medical malpractice, which may have different deadlines. Even if you think the statute of limitations has passed for your amputation case, it’s still important to consult a personal injury attorney. An attorney can assess whether any exceptions apply, potentially allowing you to proceed with your claim. Understanding and adhering to these time limits is crucial to ensuring your ability to seek the compensation you deserve.

Comparative Negligence (Florida Statutes § 768.81)

Florida operates under a comparative negligence system as defined in Florida Statutes § 768.81. This means that if you are partially at fault for the accident that caused your amputation, your compensation may be reduced by the percentage of fault attributed to you. For example, if you are found 20% responsible for the accident, your compensation would be reduced by 20%.  After HB837 was passed, this rule completely eliminates recovery for a victim who was more than 50% responsible for causing their own injuries.

Workers’ Compensation for Amputation Injuries (Florida Statutes Chapter 440)

Amputation injuries that occur in the workplace may be covered by Florida’s workers’ compensation system under Chapter 440 of the Florida Statutes. Workers’ compensation provides benefits for medical treatment, wage replacement, and permanent disability. However, you may also be entitled to pursue a personal injury claim if a third party (such as a manufacturer of defective machinery) contributed to your injury.

Premises Liability (Florida Statutes § 768.0755)

If your amputation resulted from a dangerous transitory substance condition on someone else’s property, then Florida Statutes § 768.0755 will govern your claim.  Property owners can be held liable if they fail to maintain safe conditions, fail to warn of hazards, or fail to take action to prevent foreseeable harm to visitors.

Frequently Asked Questions

How much is my amputation case worth?

The value of your case depends on factors such as the severity of your injury, the circumstances surrounding the accident, the extent of your medical care, and the impact on your life and career. Your lawyer can provide an estimate based on the details of your case.

Can I sue my employer for an amputation injury?

In most cases, workers’ compensation is your exclusive remedy against your employer. However, if a third party was responsible for your injury (e.g., a contractor or equipment manufacturer), you may be able to file a personal injury lawsuit against them.

How long does it take to resolve an amputation case?

The timeline varies based on the complexity of the case, the willingness of the parties to settle, and whether the case goes to trial. Cases can take anywhere from several months to a few years to resolve.

Will my case go to trial?

Many amputation cases are settled out of court through negotiations with the insurance company. However, if a fair settlement cannot be reached, your attorney may recommend taking the case to trial.

How much does it cost to hire an amputation lawyer in Miami?

At Flanagan & Bodenheimer, we work on a contingency fee basis, meaning you pay nothing unless we win your case. This allows you to pursue justice without worrying about upfront legal fees.

Resources For Individuals Experiencing Limb Loss in Florida

• Centers for Independent Living: The ILRU (Independent Living Research Utilization) program is a national center for information, training, research, and technical assistance in independent living. 
• Florida Aging and Disability Resource Centers: These resource centers function as a single, coordinated system for information and access to services for all Floridians seeking long-term care resources. The ADRCs provide information and assistance about state and federal benefits, as well as available local programs and services.
• Florida Division of Vocational Rehabilitation: VR is a division of Florida’s Department of Education whose mission is to assist people with disabilities in securing employment.
• Disability Rights Florida: Disability Rights Florida is a nonprofit organization that provides legal advocacy and rights protection for adults and children with a wide range of disabilities. 
• Florida Alliance for Assistive Services and Technology: FAAST, or the Florida Alliance for Assistive Services and Technology, is a program designed to provide assistive technology to Floridians with disabilities and their loved ones. 
• Amputee Coalition: The National Limb Loss Resource Center® provides comprehensive information and resources free of charge. 

Why Choose Our Personal Injury Lawyers for Your Amputation Case

At Flanagan & Bodenheimer, we understand the devastating impact that an amputation can have on your life, and we are committed to fighting for the compensation you deserve. Here’s why you should choose us to handle your amputation case:

• Small Caseload for Personalized Attention: We intentionally limit the number of cases we take on so that we can give each client the full attention their case deserves. Your amputation case will not be just another file—we will work closely with you every step of the way to ensure that you receive the best possible outcome.
• Exclusive Focus on Personal Injury: Unlike other firms that spread themselves thin across multiple areas of law, our firm is dedicated solely to personal injury cases. This means we have honed our expertise in handling serious injury claims in Miami, including amputations, and understand the complexities involved in securing maximum compensation.
• Proven Results: With millions recovered for our clients, our track record speaks for itself. We have successfully represented victims of catastrophic injuries, achieving life-changing settlements and verdicts that help our clients rebuild their lives after serious accidents. Click here to see some of our results. 
• Contingency Fee Basis: We operate on a contingency fee basis, which means you pay no upfront fees. We only get paid if we win your case, so you can focus on your recovery while we handle the legal complexities.

Free Consultation With a Miami Amputation Attorney

At Flanagan & Bodenheimer, we specialize in helping victims of catastrophic injuries, including amputations, pursue the compensation they deserve. Whether your injury resulted from a motor vehicle accident, workplace incident, defective product, or medical malpractice, our experienced legal team is here to guide you through the process. We understand the complexities of amputation cases and will fight to recover damages for your medical expenses, lost wages, pain and suffering, and long-term care needs.

With our main offices located in Miami, FL and Hollywood, FL, we proudly serve clients throughout the entire State of Florida including Fort Lauderdale, Kendall, Hialeah, Brickell, Homestead, Tampa, Orlando, Jacksonville, Tallahassee, Naples, West Palm Beach, and other areas. No matter where you are, we are prepared to provide you with personalized legal representation, whether through virtual consultations or traveling to meet with you. At Flanagan & Bodenheimer, we are dedicated to helping you navigate the legal process and securing the compensation you need to move forward with your life after such a life-changing event. Contact us at 305-638-4143 today for a free consultation, and let us help you take the first step toward justice.