Losing your leg, arm, hand, or foot can be a tremendously traumatic experience. The loss may completely change your life, altering the trajectory of your career and your enjoyment of hobbies. In some cases, it can affect romantic relationships. Sometimes victims suffer phantom limb pain and attendant emotional distress. The loss of a limb can occur in many different types of accidents, including car or truck crashes, the malfunctioning of defective products, or workplace accidents. The Los Angeles injury lawyers at Sharifi Firm can help victims pursue compensation for an amputation that was caused by someone else's negligence or wrongdoing.Establishing Liability for an Amputation
The circumstances that gave rise to your injuries will determine which theory of liability is most appropriate to pursue in your case. In most motor vehicle accident cases, for example, plaintiffs pursue a defendant on the theory that the defendant was negligent. In such cases, you would need to establish by a preponderance of the evidence the defendant's duty, a breach of duty, actual and proximate causation, and actual damages.
If the vehicle that struck you was a truck or another delivery vehicle, it may be possible to hold the driver's employer liable, either indirectly or directly. In order to hold an employer indirectly responsible under a theory of vicarious liability, the employee driver must have been negligent while in the course and scope of employment. Moreover, FMCSA regulations impose special duties on the employers of commercial truck drivers. Among other things, they must conduct background checks and supervise the drivers' recording of logbooks. A trucking company that fails to conduct a background check may be held liable under a theory of negligent hiring, while a company that fails to adequately train and supervise its employees may be liable under a theory of negligent supervision.
On the other hand, if an amputation is the result of a defective product, it may be possible to bring a product liability lawsuit against the manufacturer or another entity in the chain of distribution. Many product liability lawsuits are brought under a theory of strict liability. When using strict liability, you would need to establish that there was a manufacturing, design, or marketing defect, and that the defect harmed you. If strict liability applies, you will not need to establish a standard of care or that the manufacturer deviated from that standard.
Damages may be both special and general. Special damages may include the cost of prosthetic limbs, home or vehicle modifications, loss of earning capacity, medical treatment, and other tangible damages. You can also potentially recover general damages, which are noneconomic damages such as pain and suffering, disfigurement, lost enjoyment of life or activities, psychological counseling, and emotional trauma. Often, people who suffer an amputation incur numerous expenses far into the future, and it is important to choose an attorney who has experience establishing liability so that you can try to maximize your compensation for your harm.Consult an Experienced Injury Lawyer in Los Angeles
At Sharifi Firm, APC, our Los Angeles injury attorneys work hard to assert the rights of victims. Since amputation can have long-lasting effects, it is important to retain an attorney who can thoroughly explore all of your legal options. If you need a motor vehicle accident lawyer or assistance with any other type of injury claim, call us at 1-866-422-7222 or use our online form to set up a free, no-obligation consultation. We also represent injured individuals in Rancho Cucamonga, Temecula, Riverside, and San Bernardino, among other Southern California cities.