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  • Writer's pictureLeitner Varughese Warywoda

Filing a Lawsuit After a Car Accident Amputation Injury

Amputation injuries are catastrophic. They result in permanent disabilities and, often, the loss of enjoyment of life for the injured person. Motor vehicle collisions in New York can result in a wide range of serious injuries, including traumatic amputations. According to Johns Hopkins Medicine, a traumatic amputation is a “life-changing experience affecting your ability to move, work, interact with others, and maintain your independence.” If you were injured in a car crash and suffered a traumatic amputation injury, you should get in touch with a lawyer as soon as possible to find out more about filing a lawsuit. Although New York is a no-fault state for auto insurance purposes, anyone who has suffered a traumatic amputation may be able to sue for additional damages.

Amputations in Car Accidents

Traumatic amputations are injuries that involve “the loss of a body part, usually a finger, toe, arm, or leg, that occurs as the result of an accident or injury,” according to MedlinePlus. As Johns Hopkins Medicine clarifies, two of the most common accidents that result in traumatic amputations are motor vehicle crashes and occupational accidents. In some circumstances, a motor vehicle collision might occur on the job, and a traumatic amputation may be classified as both an auto accident injury and a workplace injury.

After a traumatic amputation in a car crash, what will you need to do in order to file a lawsuit?

Meeting the Serious Injury Threshold to File a Lawsuit

Under New York Insurance Law Section 5102(d), a person who is injured in a motor vehicle collision and wants to file a lawsuit based on a theory of negligence must meet a “serious injury threshold.” The law defines that threshold to include an injury that results in economic loss to the injured person of more than $50,000, or an injury that includes one of the following serious injuries cited specifically in the statute:

● Death;

● Dismemberment;

● Significant disfigurement;

● Fracture;

● Loss of a fetus;

● Permanent loss of use of a body organ, member, function, or system;

● Permanent consequential limitation of a body organ or member;

● Significant limitation of use of a body function or system; or

● Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

You may notice that the term “amputation” is not cited specifically here, yet several of the cited injuries in the statute include the consequences of traumatic amputation. Specifically, the term “dismemberment” refers to the removal of a person’s limbs and is another word to describe a traumatic amputation. In addition, following a traumatic amputation after a car accident, a person experiences significant disfigurement, as well as the permanent loss of use” of the limb that was amputated. Accordingly, a traumatic amputation should certainly qualify you to file a lawsuit against the at-fault motorist or any other party following a car crash.

Contact a New York Car Accident Lawyer Today

If you or somebody you love sustained a catastrophic injury in a motor vehicle collision, an experienced New York auto accident lawyer can speak with you today about filing a lawsuit. Contact Leitner Varughese Warywoda PLLC for more information.


Bill Martin
Bill Martin

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