Long Beach Workplace Amputation Attorney
For most people, work is simply a way to earn money to support a family or lifestyle. Though many workers enjoy their jobs in some capacity, the ultimate purpose of employment is to earn money for other areas of one’s life.
When you get injured at work, you sacrifice far more than your employer gives back to you. Your body allows you to earn a living, and when your employer breaks it, you lose significant earning potential. Not only that, but you also lose the ability to enjoy your life the way that you used to. This is especially relevant in incidents that result in amputation. Many workplace accidents lead to severe injuries that require the amputation of a limb. No amount of salary or perks are worth this, as it directly affects your health, happiness, and bodily function.
Personal injury cases allow you to recover financially from these tragedies. Though no legal process can make your body as it was, a settlement can help you to pay for medical bills associated with your accident and amputation. You should not have to pay for bills causedby misfortune.
If you have suffered an amputation after a workplace accident or injury, it’s time to find an attorney. You can earn financial support and peace of mind by taking your employer to court.
Pratt Williams: Your Long Beach Workplace Amputation Lawyer
When you’re facing a life-changing event such as amputation, you need a good team of attorneys on your side. Here at Pratt Williams, we have several decades of experience fighting for both survivors and victims of workplace accidents and amputations. Our direct experience in this field gives us an unparalleled ability to fight for your rights, and earn you the compensation that you deserve. Our team is diverse, experienced, and unrelenting in our pursuit of justice for injured workers. We will stop at nothing to fight for your rightful compensation.
Though we are intimidating and effective in the courtroom, we remain open and welcoming with our clients. Many of the people that come to us are badly hurt, and have experienced incredible tragedy and loss. We are patient, understanding, and gentle with the vulnerability that our clients bring, and the result is more honest and open communication. When you work with us, you never have to feel ashamed, embarrassed, or vulnerable about your injury. We understand what you are going through, and we know how to help.
What Is a Workplace Amputation Accident Case?
Amputations involve severing a person’s limb or limbs from the rest of their body. This can occur for many different reasons.In workplace amputation cases, they usually occur because an accident has partially or completely severed a limb already. This often happens with heavy machinery.
The legal part comes into play related to employer responsibility. Employers have a significant responsibility to keep their employees safe. OSHA guidelines outline what employers are responsible for, and what employees are entitled to. Accidents often happen as a result of employer negligence, or failure to follow their responsibilities as outlined by the law. If an accident occurs and harms someone, the employer is to blame and there are consequences for their actions. The consequences include paying reparations to the employee who was hurt because of the employer’s negligence and the resulting accident.
As the employee who suffered because of your employer’s negligence, you are entitled to compensation. The legal case ensures that you receive what you are rightfully owed, and that you are supported financially by those at fault.
Why Do I Need an Attorney?
Many people believe that they can handle their personal injury case on their own. Though this is technically legal, it’s never a good idea. This is especially true in cases involving amputation. With any personal injury, there is a period of healing that is crucial to the patient’s overall future. If you try to use that time to fight your own case, you will most likely hinder your healing progress and lose your case. The stresses and demands of a court case do not support proper healing. Many individuals who are recovering from an injury do not have the energy or ability to do the job properly. If you wish to receive compensation, it’s important to find an attorney.
With amputations, you must understand what’s at stake with your case. Losing a limb is perhaps the most significant medical event that a person can go through. The medical bills are extensive, and the loss of ability is devastating. If you try to fight for yourself, you’re putting an enormous sum of money on the line. If you lose, you are responsible for medical bills, income, finding a future job with your new ability level, and healing all at the same time. To do all of this successfully is nearly impossible. You do not want to gamble with the level of support that you could get from a settlement.
Compensation Considerations
When building a case for compensation, we consider a few different factors. As mentioned above, you should not be responsible for medical bills due to an avoidable situation. This means that the sum of your settlement should consist of all medical bills associated with your injury and amputation. This includes:
- Ambulance rides and EMT fees
- Emergency room fees
- Surgery costs
- Hospital stays
- Rehabilitation and physical therapy
- Mobility aids
- Follow up appointments
You should not have to suffer through an amputation and pay the cost of your medical bills. We can work with you to determine a sum that will cover these expenses.
Along with medical bills, your settlement may cover lost wages incurred while recovering from your injury. For example, if you need to spend six months off of work healing and rehabilitating from your injury, you risk losing six months’ worth of wages. Few people can afford such an expense. Your settlement can include the equivalent of six months’ wages to compensate for the loss.
Future lost income or inability to work is a big factor for amputees. As discussed, our bodies play a large role in our ability to earn money. If part of your body is taken from you, you have a decreased ability to earn money and support your family. As such, your settlement can take into account the fact that you may have to change jobs, or may be unable to perform a job in the future because of your amputation.
For example, if you work as a welder and a workplace accident causes you to lose your arm, you are not going to be able to continue your career as a welder. Your settlement should help to support you and your family in place of the potential income that you lost.
When you suffer an amputation, pain and suffering will likely also be applicable. Not all cases are eligible for pain and suffering compensation, but amputations are especially horrific. There is a significant amount of physical and emotional trauma that occurs in these cases, and the court is often amenable to including pain and suffering compensation as part of the settlement.
Fault in a Long Beach, CA Workplace Amputation Case
A key requirement of personal injury cases is proving who is at fault. Many times, the workplace or the employer can be held responsible for the accident. This is because employers have a significant amount of obligation when it comes to keeping workers safe from harm. Some of their responsibilities include:
- Inspecting and maintaining all machinery to ensure that it is safe, up to code, and working properly
- Providing all workers with proper safety training and equipment
- Preventing any workers who are not licensed from operating machinery
- Posting signs and notices when something isn’t working, if an area is under repair, if an area is slippery or hazardous, or other relevant safety information
- Allowing for proper breaks and meals so that workers are not tired or hungry when operating machinery or performing job tasks
- Ensuring that workers are not under the influence of drugs, alcohol, or other controlled substances while at work
- Preventing workers from roughhousing or engaging in reckless behavior while at work, especially while near heavy machinery and dangerous objects
- Accurately documenting and reporting any workplace accidents or injuries
When an employer fails to do one of these tasks, they are being negligent. If this negligence results in injury and/or amputation, their negligence has put them at fault for the damage.
Proving Fault and Negligence in a Workplace Amputation Case
Predictably, workplaces and employers don’t often want to take responsibility for the role they played in a significant accident. With the help of an attorney, they will try to maintain their innocence, and may even try to blame the victim for what happened. Our job as your attorneys is to build a case against them that is so convincing that the court agrees that your opponent is at fault.
Proving fault and negligence is not a standardized system. There are many ways that we may work to prove that your employer, or the perpetrator of the accident, is at fault for what happened. We can use:
- Video surveillance, including CCTV or cell phone footage from the scene
- Photos from the scene
- Eyewitness accounts of the accident
- Accident reports
- Medical records
- Employee handbooks, safety guidelines, and OSHA regulations
We use a combination of these things to show the court whose negligence caused the accident. In order to complete our argument, we must convince the court of the following:
- The defendant (the person who was responsible for the accident) had a responsibility or obligation
- The defendant did not fulfill that obligation
- The defendant’s failure to fulfill their obligation led to the accident
- The defendant should have reasonably foreseen that their failure to fulfill their obligations would result in similar consequences
- The plaintiff (you) actually suffered
Many of these pieces are straightforward once they are placed inside the context of a case. For example, let’s say that your boss is in charge of running a safety check on a large piece of machinery every day. However, one day they were running late and decided not to run the safety check. Because they didn’t run the safety check, no one knew that a large bolt had come loose. When your coworker turned on the machine, a part of the machine dropped off, crushing your leg as you tried to get out of its way. Your leg could not be saved, and it was amputated.
In this scenario, we would have to prove:
- Your boss was responsible for checking the safety of the machine
- Your boss did not check the safety of the machine
- Your boss wouldn’t have allowed the loose piece to remain loose if they had checked the machine
- Your boss knew that employees could be seriously injured if they didn’t check the machine
- You suffered as a result of your boss’s actions
Checking machinery is just one example of how an employer can cause a large-scale accident. Essentially, if neglecting any of the obligations outlined above leads to an injury, we will work to prove their negligence. Once this is finished, they will legally have to compensate you for what happened.
How Long After an Injury Can You Sue For Compensation?
Many people believe that you have to wait until medical care is completed to sue for compensation. This is not true. You can begin assembling your case as soon as you are able to after the accident occurs. In fact, it’s best to begin as soon as possible. The longer you wait, the more likely your employer will try to hide or falsify evidence. Even if they don’t do anything on purpose, the accident scene will eventually be cleared and cleaned, eliminating key proof of negligence.
Of course, your top priority should be your own health and safety. Be sure you get the immediate medical attention that you need. When you are safe and stable, you should call us right away. We can begin building your case for fair compensation.
Settlement vs. Litigation in a Long Beach Personal Injury Case
Many cases go to court, where a judge and jury decide what will happen. This is called litigation. Though it is a common way to resolve a legal issue, it is not the only way. Some cases are resolved outside of court in a settlement. This means that the attorneys from both sides agree upon an outcome, and it isn’t necessary to go through the court process. This can save time and money, as litigation requires both.
In some cases, settlement occurs because one side is clearly in the right and the other is clearly in the wrong. In other cases, the lawyers strike a compromise that is acceptable to both sides. No matter what, you should expect that your attorney will fight for your best interest. In some cases that may be a settlement, while in others it may be litigation. It truly depends on your situation and the many factors that contribute to your case. You can trust that we always look out for your best interest, and will never accept a settlement unless it’s truly the most favorable option.
What to Expect from Your Workplace Amputation Attorney
From a technical standpoint, there are a lot of moving parts in occupational hazard and workplace accident cases. Because of this, you can expect that your attorney will:
- Help you fill out and file relevant court paperwork
- Assemble witnesses
- Create an honest, impactful account of what happened to you
- Negotiate with the defense
- Track court dates and associated updates to your schedule
Again, this is the technical side of our job. There is an emotional and human side to what we do as well.
Many people have very little experience with the legal system, and often find the prospect of an attorney to be intimidating. We understand this, but we also work hard to help you feel as comfortable as possible while traversing your case. When you work with us, you can expect:
- Honest, clear communication about your case
- Patience and understanding
- Reliable resources and accurate information
- Diligent advocates in the courtroom
- Fierce defenders of your rights and best interests
- Active listeners
We understand how vulnerable your position is, and know that you likely feel a lot of complicated emotions surrounding your case. Though we are tough in court, you can trust us to be kind and patient in our meetings with you. We support you and want the best outcome possible, and we achieve that with honesty, clarity, and acceptance. With us, you can be open and honest without fear of judgment.
We believe this to be the gold standard in legal representation for workplace amputations. If potential attorneys don’t meet these standards, we encourage you to call us instead.
Contact the Attorneys at Pratt Williams
No one should have to go through an amputation on their own. Our team is here to help you with the legal process, to earn you the compensation that you need to heal, and move forward.
For more information on our services and what we can do for you, please contact us online today.