Las Cruces Amputation Injury Lawyer

Amputation Injury Attorney in Las Cruces, NM

Amputations are some of the most life-changing and severe outcomes of a catastrophic injury. With mobility challenges, pain, and emotional distress, amputation injuries can affect every aspect of your life. If you have undergone an amputation after an accident caused by someone else, a skilled Las Cruces amputation injury lawyer can file a personal injury claim on your behalf. Our team can also help you understand New Mexico negligence laws and how they apply to your specific recovery.

Why Work With Berenson & Associates, PC?

A professional Las Cruces personal injury lawyer at Berenson & Associates, PC, can represent your interests. Our firm has over 25 years of experience with a variety of injuries and accidents. We know that recovery is a difficult process, especially when simultaneously taking legal action. Our attorneys can make sure you feel confident about the claims process by explaining New Mexico’s amputation injury laws and the legal procedures involved. We can also explain the benefits of accident reconstruction in New Mexico personal injury cases to help prove the at-fault driver’s liability in a crash.

Understanding Amputation Injury Claims in New Mexico

About 2.3 million Americans have lost a limb or part of a limb. In Las Cruces, the Memorial Medical Center, Mountainview Regional Medical Center, and other treatment centers provide necessary amputations and medical care post-amputation. 45% of all amputations are caused by trauma. With a variety of injuries that can result in limb loss, an amputation injury claim can be filed for many reasons. Common accidents that can cause these injuries are:

• Workplace accidents. Hazardous working conditions or unexpected accidents can be disastrous. If you are injured at work, a lawyer can identify the at-fault party whom you can file a claim against, such as an employer or manufacturer. In many workplace accidents, you can pursue workers’ compensation, which is a no-fault option.
• Car accidents. Car accidents can cause severe crush injuries, deep lacerations, or wound infections that require amputation. If you are recovering from a car crash-related amputation, filing a claim against the at-fault driver can secure compensation.
• Medical malpractice. When receiving medical care, you put your trust in your healthcare providers. If a procedure was performed incorrectly or there was an error in your medical treatment, an injury can be worsened. Life-threatening infections and other complications can lead to an amputation injury and a medical malpractice claim.
• Dog bites. Dog bite wounds have the potential to injure a limb beyond its ability to recover. In many dog bite cases, a dog owner can be held responsible for their dog’s damage if: 
  • They knew that the dog was behaving aggressively.
  • You were not aware of the dog’s tendencies.
  • You did not provoke the dog.

Proving Fault in an Amputation Injury Claim

If the accident that led to your amputation was caused by another party’s negligent or reckless behavior, you can file a claim against them. To establish fault, your lawyer can gather evidence such as police reports, incident reports, witness statements, or security camera footage to reconstruct what caused the accident.

In some cases, fault may be shared amongst parties. New Mexico follows a comparative negligence system, so the party with the largest percentage of responsibility for an accident is at fault. For example, suppose you were driving slightly over the speed limit, but a reckless driver crashed into you while making improper lane changes at a higher speed. Though you have partial fault, you can file a claim against the other driver since they have a larger percentage of fault.

Obtaining Compensation for Amputation Injury Claims

Amputation injuries mean permanent changes in your physical health and lifestyle. An amputation also impacts your mental health, with about one-third of people experiencing depression after an amputation. Compensation can help you recover by compensating for losses such as:

• Medical costs
• Ongoing care
• Emotional trauma and quality of life
• Lost wages
• Property damage

Why Hire an Amputation Injury Lawyer?

Recovering from an amputation injury means trying to relearn basic skills and managing intense pain. While you recover, a Las Cruces amputation injury lawyer can manage the legal processes when filing a claim. They can gather evidence, file paperwork, and represent you when communicating with the at-fault party and law enforcement. They can pursue your interests during negotiations or within the courtroom. Hiring an advocate is also important to understand what to do after a car accident in New Mexico to protect your legal rights.

FAQs

Can Compensation Cover the Cost of Prosthetics and Mobility Aids?

Yes, In New Mexico, in many cases, compensation can be awarded to cover expenses such as prosthetics and mobility aids. Often, prosthetics and mobility aids are part of the rehabilitation process for an amputation injury, allowing you to regain mobility and functionality. If you have or are in the process of getting a prosthetic device, your lawyer can include the cost of the device, rehabilitation services, and future repairs in your claim.

Can You Legally Drive With One Leg?

Yes, it is legal to drive with one leg. Before doing so, you should notify the NM Motor Vehicle Division about your amputation, as you may need a disability driving assessment or have restrictions on your license. Many people with lower limb amputations can drive automatic vehicles only or install modifications, such as hand controls or a left-foot accelerator.

How Are Damages Calculated in an Amputation Injury Claim?

Damages are calculated by analyzing evidence that proves what damages you have sustained and the cost of treatments or other expenses. Evidence can include:

• Medical records and bills
• Pay stubs
• Witness testimonies
• Receipts from replacements or repairs to personal property
• Personal logs of your experience and pain

If you hire an amputation injury lawyer, they can estimate your damages and negotiate for a fair settlement based on the costs of recovery and future expenses.

How Long Do You Have to File an Amputation Injury Claim?

Most amputation injury claims must be filed within three years of the date of the accident, according to New Mexico’s statute of limitations for personal injury claims. You should contact a lawyer as soon as possible, as filing a claim soon after an accident improves the ability to recover essential evidence.

Contact a Skilled Las Cruces Amputation Injury Attorney Today

Whether an injury is caused by a workplace accident or a car crash, amputations can change the way you live. With many economic and emotional costs stemming from an amputation injury, you may be entitled to compensation to aid your recovery from these damages. At Berenson & Associates, PC, our attorneys can navigate the complex claims process. Contact us today to learn how a Las Cruces amputation injury attorney can improve your recovery.