Can You Sue if You Lose a Limb in an Accident?
Injuries that change your life forever are considered catastrophic injuries. Losing a limb in an accident is one of the most catastrophic injuries someone can experience.
On top of the trauma and pain, amputation fundamentally changes every part of your life. Most amputees deal with years of treatment, rehab, and re-learning how to do daily tasks. The psychological effects of losing a limb can be just as bad as the injury itself. Your ability to work and enjoy activities you once loved may change forever.
Around 2 million people in the United States have some kind of limb amputation according to a study in the National Library of Medicine. If someone else's negligence caused the accident that led to your amputation, you have the legal right to seek compensation through a personal injury lawsuit. Our Joliet, IL catastrophic injury attorneys help victims of tragic amputations recover as much as possible.
What Types of Accidents Cause Limb Loss?
Traumatic amputations occur in many types of accidents. Here are some of the most common accidents that result in amputation injuries:
Car Accidents and Truck Accidents
High-speed crashes involving cars and trucks can cause crushing injuries severe enough to require amputation. The force of impact can trap limbs. This pressure can cause such extensive damage to bones, muscles, blood vessels, and nerves that doctors cannot save the limb.
Semi-truck accidents are particularly dangerous. When a truck crashes into a car, the results can be catastrophic. Double amputations can happen after severe truck accidents, especially when people in the car are trapped or crushed.
Workplace Accidents
Industrial accidents involving heavy machinery, manufacturing equipment, or construction sites can cause amputations. Manufacturing workers suffer traumatic injuries when limbs become caught in moving machinery. Chemical plant workers may also need surgical amputation after crush injuries, severe burns, or exposure to dangerous chemicals.
Illinois workers' compensation laws provide some benefits for workplace amputations. But these benefits may not be enough to cover all of your losses. In many cases, you may have legal claims against third parties beyond your employer. Equipment makers or subcontractors whose negligence helped cause your injury may be liable.
Defective Product Accidents
Poorly designed or made products can cause amputations. If a defective product caused your amputation, you may have a claim against the maker or seller of the product. Some of the most dangerous defective products include:
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Faulty airbags, tires, and other car parts
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Household appliances and power tools
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Medical devices
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Medicines, especially those that cause blood clots
Motorcycle Accidents
Motorcyclists face extreme vulnerability in accidents because they have virtually no protection. When a motorcycle rider crashes into a car or truck, the injuries can be so severe that surgical amputation is necessary.
Pedestrian and Bicycle Accidents
Pedestrians and cyclists struck by vehicles often suffer crushing injuries. The impact can sever limbs or cause damage so extensive that amputation is the only option.
Medical Malpractice
In some cases, amputations result from medical negligence. Doctors may fail to diagnose and treat issues in time to save a limb. Surgical errors can also require amputation. When medical malpractice causes limb loss, you have the right to pursue compensation from the healthcare providers.
How Long Do You Have to File an Amputation Lawsuit in Illinois?
Illinois law has strict time limits for filing personal injury lawsuits. Under 735 ILCS 5/13-202, you have two years from the date of your accident to file a lawsuit. Missing this deadline almost always means losing your right to sue. There are very limited exceptions to the two-year rule.
What Damages Can You Recover in an Amputation Lawsuit?
Illinois law allows amputation victims to seek compensation for both economic and non-economic damages. The most common economic damages are medical expenses, lost income, and changes to your home and car.
Non-economic damages do not have an easily counted dollar amount but they are just as important. These include pain and suffering, emotional distress, loss of life enjoyment, and disability. Amputation injuries often yield very high non-economic payouts.
Do You Need an Experienced Personal Injury Attorney for an Amputation Lawsuit?
Lawsuits for an amputation injury may seem straightforward. After all, your loss is obvious; the reason for the loss may seem obvious as well. But amputation cases are complicated and insurance companies are likely to fight your claim. Here is how an attorney can help:
Calculating Future Damages
Accurately valuing an amputation claim means you have to calculate damages over several decades. Your attorney must work with:
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Medical experts
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Life care planners
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Economists
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Vocational rehabilitation specialists
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Therapists
With the help of these people, your lawyer will try to project your future expenses.
Insurance companies often try to minimize these expenses. They may claim you will adapt quickly, or that prosthetics are less expensive than they actually are. They might say that you can return to work sooner than you really can. Experienced attorneys know how to fight these arguments with expert testimony and evidence.

Dealing With Insurance Companies
Insurance companies know amputation claims bring enormous liability. Their adjusters and lawyers will look for any way to reduce your payout. Insurance companies may pressure you to accept a quick settlement. But once you accept a settlement and sign a release, you cannot come back later for more money.
An experienced personal injury attorney protects you from insurance company tactics. Your lawyer will fight hard for maximum compensation and prepare your case for trial if the insurance company will not make a fair offer.
Taking Cases to Trial
Juries have awarded large verdicts in amputation cases. Insurance companies know our law firm is willing and able to try cases. They offer better settlements when they face attorneys like us with a strong trial reputation.
Contact a Joliet Amputation Injury Attorney
The Kendall County personal injury lawyers at Schwartz Injury Law have experience handling catastrophic injury cases. Our highly experienced team has a great reputation and top ratings. We are willing to take cases to trial if that is what it takes to get justice.
Call 708-888-2160 to schedule a free consultation and tell us about your amputation injury case.






