Losing a limb is not the end of the medical story. It is the beginning of decades of prosthetic care, rehabilitation, and adaptation.

Amputation Lawsuits Questions

• What if my limb was surgically amputated after an injury rather than traumatically severed at the accident?

  The cause of the amputation does not change the liability analysis. If the original injury was caused by another party’s negligence and the amputation was a medically necessary consequence of that injury, the responsible party is liable for the full cost of the amputation and all downstream consequences. The chain of causation from the negligent act to the amputation must be established through medical expert testimony, but this is a standard element of these cases.

• What if I am still able to work in some capacity after the amputation?

  Partial return to work does not eliminate the earnings loss component of the claim. If you can no longer perform the work you did before the injury, and your current or future employment options carry lower earning potential, the difference in lifetime earnings is recoverable. A vocational expert assesses what work is realistically available to you and an economist calculates the earnings differential over a working lifetime.

• What if I was partly at fault for the accident?

  Kentucky’s pure comparative fault rule under KRS 411.182 reduces your damages by your percentage of fault but does not bar your claim. In a case where lifetime damages are substantial, even a significant fault reduction leaves a meaningful recovery available.

  
  
  

• What compensation can I recover?

  All past and future medical expenses including all prosthetic costs over a lifetime, all lost wages and reduced earning capacity, pain and suffering including phantom limb pain, emotional distress, loss of enjoyment of life, loss of consortium for a spouse, and in cases of egregious conduct, punitive damages. Kentucky imposes no cap.

  
  
  

• How long will a case like this take to resolve?

  Amputation and permanent disability cases typically take longer to resolve than standard personal injury claims because the life care plan and vocational assessment require the injury to reach medical stability before future costs can be accurately projected. Cases that proceed to trial may take two to three years or longer. Settling before the full picture is documented almost always results in inadequate compensation for the lifetime costs these injuries impose.

• What makes Hance & Srinivasan different in amputation and disability cases?

  Over 40 years of serious personal injury trial experience. Chandrika Srinivasan’s pharmacological background is relevant in cases involving pain management, medication regimens, and the biological consequences of amputation over time. The firm is built on referrals. We do not take every case. When we do, we build the full lifetime value of the claim before we negotiate.