Learn about the long-term consequences of amputations after a car accident and how to ensure you get maximum compensation to cover your future financial needs
Losing a limb in a car accident is a profoundly traumatic experience that reshapes nearly every aspect of daily life, bringing emotional distress and significant lifestyle changes. More than two million Americans are living with an amputation, which impacts not only their physical appearance but also their ability to manage everyday tasks and perform many types of work.
This loss can take a toll on family members as well, who may experience their own emotional trauma and often find themselves having to take on additional household responsibilities or work more to help with financial strain.
Undoubtedly, with a severe, life-changing disability such as an amputation, financial obligations exponentially increase with the necessity of surgery, therapy, medical intervention, equipment, and extra care for the newly disabled individual.
If the amputation resulted from a car accident due to another person’s negligence, our experienced Columbia personal injury attorneys can help you pursue compensation to relieve the heavy weight of unexpected medical bills. Learn more about your legal options by scheduling a free consultation.
Car accidents: A leading cause of traumatic amputations
Amputations that result from car accidents are called traumatic amputations, which consist of a limb that has been fully or partially severed from the body. Many times, the limb cannot be saved or reattached because it may be crushed or severely burned beyond recognition and must be removed.
A recent study found that vehicle accidents account for approximately 59% of all traumatic amputations, highlighting the severe physical toll these incidents can take.
Drivers are more likely to suffer lower extremity amputations during car accidents, with the majority occurring on the left side of the body. Upper extremity amputations are more common in passengers, typically affecting the right side of the body.
Which types of car accidents are most likely to cause an amputation injury?
Certain types of car accidents carry a higher risk of resulting in traumatic amputations due to the intense forces involved. Below are some of the most common accident types associated with severe injuries like amputations:
- Head-on collisions. High-impact crashes from head-on collisions frequently result in serious injuries to the legs and lower body, especially for drivers and front-seat passengers. The crushing force can lead to injuries severe enough to require amputation.
- Side-impact or T-bone accidents. When a vehicle is struck from the side, passengers on the impacted side are vulnerable to severe limb injuries. The force of the impact can trap or crush limbs, significantly increasing the likelihood of traumatic amputations.
- Interstate crashes. High-speed accidents on interstates, where vehicles are traveling at greater speeds, increase the force of impact and the severity of injuries. Crashes on these roads are more likely to involve multi-vehicle pileups, which can trap individuals and cause traumatic limb injuries requiring amputation.
- Rollover accidents. Rollover crashes, particularly common in taller vehicles like SUVs and trucks, can cause limbs to be pinned, crushed, or even partially ejected from the vehicle, leading to trauma that may necessitate amputation.
- Truck accidents. Due to their size and weight, large commercial truck accidents often result in severe injuries for occupants of smaller vehicles. Crush injuries and traumatic limb damage in these crashes can lead to amputations and even car accident fatalities.
- Pedestrian and bicycle accidents. Pedestrians and cyclists struck by vehicles are at risk for severe leg and foot injuries. High-speed impacts in these scenarios can lead to such extensive damage that amputation is necessary.
These types of accidents involve high-energy impacts that often lead to crushing, severe fractures, or deep tissue damage, making amputation necessary to save a person’s life or prevent further medical complications.
South Carolina Compensatory and Punitive Damages
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Long-term consequences of amputations
Recovering from an amputation involves more than just healing the injury. It requires ongoing physical, emotional, and lifestyle adjustments that can last a lifetime. Many individuals face challenges such as chronic pain, the need for prosthetics, limited mobility, and a heightened risk of secondary health issues.
Additionally, adapting to new routines, managing the emotional impact, and dealing with potential financial burdens are all part of the long-term journey, impacting both personal and professional aspects of life.
Medical care and costs
After surgery is complete, an amputee patient will require extensive therapy to acclimate to the loss of the limb and may be fitted for a prosthetic once healing has progressed. Both rehabilitation and prosthetics can be expensive. While some prosthetic devices may not be covered by insurance, some patients choose to pay out-of-pocket for them if they can afford to do so because they can speed up the recovery process and build the victim’s confidence.
Even with a successful recovery, individuals may still face complications after an amputation. Infections can occur post-surgery, potentially delaying the use of prosthetics, while weakened muscles may impact mobility during rehabilitation. Additionally, phantom limb pain can cause discomfort in the area where the limb once was, often requiring specialized therapy to manage.
Emotional costs
The emotional toll following an amputation can be substantial, with many individuals facing a lengthy adjustment period filled with feelings of helplessness, grief, and even a sense of loss tied to their former selves. It’s common to experience challenges like anxiety, depression, and difficulties with body image as they adapt to their new physical reality. Additionally, many amputation survivors face symptoms of post-traumatic stress disorder (PTSD), especially if the amputation resulted from a traumatic accident.
The impact of an amputation can extend beyond the individual, affecting close relationships and sometimes altering family dynamics, as loved ones also struggle to adjust to these changes. Counseling, therapy, and a strong support system are often essential to help both individuals and their families navigate these complex emotional and relational challenges.
Lifestyle adjustments and needs
Depending on which limb is amputated, individuals may need to relearn how to perform daily tasks, such as eating and bathing, and figure out when and if they may be able to return to work. If they lost a leg, they may have to learn how to walk or balance with or without a prosthetic. Individuals who lost multiple limbs may need to hire a companion or aide or learn how to operate a wheelchair, which may require home renovations.
Filing an accident claim with the assistance of an experienced car accident lawyer can provide crucial financial stability, covering essential medical and rehabilitation expenses, lost wages, pain and suffering, and more.
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Do I need an attorney to help with a car accident claim involving an amputation?
Yes, hiring an attorney is highly recommended for a car accident claim involving an amputation. This type of catastrophic injury requires substantial medical care, often results in extensive rehabilitation costs, and may even prevent you from returning to work. In such cases, proving the car accident wasn’t your fault is crucial for recovering compensation, so it’s typically not a good idea to represent yourself.
How is fault assigned in SC car accidents?
South Carolina is an at-fault state, meaning that the driver who is found responsible for causing an accident is liable for covering the resulting damages, including medical expenses, property damage, and other losses incurred by the other parties involved. To be eligible for compensation, you must be less than 50% at fault for the accident. If you’re found partially at fault, your compensation will be reduced accordingly.
Here’s an example: Let’s say you were awarded $500,000 in damages after an accident in which you suffered an amputation. During the investigation, it’s determined that while the other driver ran a red light and was primarily at fault, you were partially responsible because you were slightly speeding at the time of the collision. This speeding contributed to the severity of the impact, and the court assigns you 10% of the fault.
Under South Carolina’s comparative negligence law, your compensation would be reduced by your percentage of fault. So, instead of receiving the full $500,000, your award would be reduced by 10%—or $50,000—leaving you with $450,000. This example illustrates how even a minor action, like speeding, can drastically impact the amount of compensation you receive in an at-fault state like South Carolina.
An experienced attorney can build a strong case by gathering critical evidence, accurately calculating the true cost of your injury, and working to reduce your liability. This can significantly impact the outcome of your claim, helping you secure the full compensation needed to cover medical expenses (past and future), lost income, lost earning ability, pain and suffering, and other damages associated with a life-changing injury like an amputation.
How long do I have to file a lawsuit after a car accident in South Carolina?
In South Carolina, the statute of limitations for filing a personal injury lawsuit after a car accident is typically 3 years from the date of the accident. This means you have up to 3 years to initiate legal action to seek compensation for your injuries. If a claim is not filed within this timeframe, you may lose the right to pursue compensation entirely.
Looking for the best local Columbia car accident attorney to help with your claim?
If you’ve suffered an amputation or any other serious injury in a car accident and need trusted legal support, reach out to the experienced Columbia car accident attorneys at Chappell, Chappell, and Newman.
With over 30 years of experience handling car accident claims, our team understands the complexities of South Carolina’s at-fault laws and the impact they can have on your compensation. Our attorneys will skillfully negotiate on your behalf, working tirelessly to reduce your liability and ensure you receive the full amount you deserve.
Don’t face this process alone—contact Chappell, Chappell, and Newman today to schedule a free consultation, and let us help you secure the best possible outcome for your case.
References
Asirdizer, M., Hekimoğlu, Y., & Keskin, S. (2022). Investigation of effective factors on traumatic amputations due to road traffic accidents. Injury, 53(3), 966–971. https://doi.org/10.1016/j.injury.2021.11.021
Caruso, M., & Harrington, S. (2024). Prevalence of Limb Loss and Limb Difference in the United States: Implications for Public Policy. https://avalere.com/wp-content/uploads/2024/02/Prevalence-of-Limb-Loss-and-Limb-Difference-in-the-United-States_Implications-for-Public-Policy.pdf