When people operate motor vehicles irresponsibly, they can cause deadly accidents that can cause severe injuries and permanently impact your lives. From severed limbs, traumatic brain injuries, back injuries, crushed bones, and many others, the injuries obtained in a car crash can derail your life.
One of the most traumatic injuries you can experience is having a part of your body cut off because of a car accident. You are now part of about 2 million Americans who live without a finger, hand, foot, toe, leg, or arm. About 70% of those amputations are a result of motor vehicle accidents. If you suffered amputations due to car crashes in Madison County, speak with a lawyer at our firm about options for pursuing compensation.
Cost of Amputation
Such an amputation can drastically affect your financial status as you suddenly have a much larger medical bill. If you are lucky, doctors can surgically reattach severed body parts. However, it is unlikely you will ever have the same functionality or range of motion from the reattached body part. You get lowered functionality because medical science cannot yet help nerves regenerate.
You may also have the option of adopting a prosthetic to replace your lost body part. Getting a prosthetic is the most realistic outcome for most amputees as it is less cost-prohibitive. Prosthetics can improve your quality of life and return some sense of normalcy. Going back to your life after an amputation will almost always require some form of rehabilitation. Performing simple tasks you likely never thought about, like walking, writing, eating, and even dressing, may need to be relearned.
You will also likely have to attend therapy sessions and physical therapy sessions as well. You may also need to make some modifications to your home and mode of transport. The costs associated with living with an amputation(s) pile up fast; this can easily overwhelm anyone.
For a court to grant damages for catastrophic injuries received from a car accident, you will have to prove negligence, recklessness, intentional misconduct, or strict liability per Illinois laws. The best chance you have of winning the lawsuit lies with an experienced lawyer.
Statute of Limitations
Your lawyer will help you understand the statute of limitations. In Illinois, the time limit is two years. You, or your lawyer, must file a formal legal complaint within this time if you do not want the defendant to file a motion to dismiss. Only under specific circumstances can you file after this time limit, and your lawyer can help determine if you meet those conditions.
Your attorney will help prove that the other driver was responsible by:
Madison County follows Illinois’ comparative fault philosophy when more than one party is at fault for an injury. Such cases require the defendant to shoulder more than half the responsibility for the injury before rewarding any damages. However, the court will reduce your compensation according to how much fault they determine you bear.
Negligence is the legal term used when a driver fails their duty to be careful, thereby causing the accident and injury.
To prove negligence, you must prove that:
- The other driver could have avoided the accident if he was more careful
- they acted in a way that was unsafe for everyone involved because they breached their duty of care
- The accident is a direct result of their negligence
A reckless driver disregards the safety of others. Reckless drivers perform the following actions:
- Drunk driving
- Ignoring road signs and speed limits
Proving Strict Liability
If an accident happens because of a manufacturer’s fault causing a defect in the vehicle, strict liability is applied. Such cases are almost impossible to win without an experienced lawyer.
The manufacturer issued damages to compensate for any injuries and malfunction.
Contact a Madison County Lawyer for Car Crash Amputations
If you suffered amputations due to a car crash in Madison County, reach out to our firm today to discuss ways of recovering from your losses. Contact us for a consultation.