Dismemberment is one of the most devastating types of injuries. Not only does it result in intense physical pain, it is also accompanied by severe emotional trauma and requires relearning many basic life functions. Dismemberments can occur in many different ways. Limbs or fingers can be lost to accidents with heavy equipment or power tools, automobile accidents, or in fires. Dismemberment incidents can happen in the workplace or at home. When dismember incidents occur in the workplace, companies can be held especially liable if rigorous safety guidelines were not followed that would have protected their employees. Also, an injury can be so severe that a doctor may advise amputation to prevent further complications. This means that while the initial injury did not directly result in loss of limb, the original incident is still the cause.
According to OSHA, dismemberments occurring during the operation of workplace machinery can fall into one of seven categories. These categories describe the method of force that then results in the severing of a limb or permanent crippling of a limb requiring amputation by medical personnel. Federal and state guidelines are in place to mandate safety precautions for equipment to prevent injuries like these, but accidents can still happen.
Potential Dismemberment Forces Include:
Depending on the case, dismemberment could have additional excruciating pain due to complications. Just a few types of complications include: vascular diseases, cancer, poor circulation, and blood clots. It is also unlikely that dismemberment incidents will take place in sterile environments, which can lead to infection and disease being introduced to the body. These complications can further devastate the financial and emotional burden on the victim and their loved ones.Typical Defenses Insurance Companies try to Argue
As if a dismemberment injury is not traumatic enough, it can cause even greater emotional turmoil when insurance companies try to shift the blame onto the victim. There are some common defenses they may try to use to maneuver around the claim. Since dismemberment injuries result in some of the highest payouts, insurance companies become especially motivated to deny these claims.
Insurance Companies may try to Claim:
- The victim was negligent at the time of the incident (Contributory Negligence)
- The fault for the incident is able to be divided among various parties, therefore creating complications for settlement awards (Comparative Negligence)
- The victim engaged in activities known to be dangerous, thereby accepting all potential risk involved (Assumption of Risk)
Without proper legal representation, you may be on the hook for fees you never even considered. These fees can include medical payments into the foreseeable future, medication costs, ambulance fees, and lost wages.
Besides the physical toll and permanent disability it can take on the body, there are emotional effects as well. The California laws for dismemberment cases require expert legal knowledge and a thorough investigation.
A typical insurance company will see their responsibility as only accounting for injuries and property damage; however, you do not have to fight this alone. A legal advocate will be able to evaluate your case and determine what compensation you may be entitled to receive.How an Attorney can get You the Best Settlement
Insurance companies and corporations will do whatever they can to minimize their involvement regarding the accident. By contrast, we advocate for our clients to get the best settlement possible. At Bridgewater Law Group, we know how to counter these types of maneuvers because we have dealt with them many times. Let our attorneys fight for your justice and a fair settlement. We have the experience to know the difference between justifiable compensation and a low-ball offer.
We will work on a contingency basis, which means there is no cost to you. Give us a call today for a free consultation. In less than 30 minutes we will know if we can win together with you.