Losing a limb due to an amputation injury can drastically change a person’s quality of life. When you are injured due to another’s negligent actions or omissions of safety, a personal injury claim could help you recover compensation for your harm and suffering.
A Houston amputation lawyer could advise you on your legal rights when negligence is involved. Call one of our experienced catastrophic injury attorneys today to learn more.
Duty of Care Depends on Actions That Led to the Claim
The state requires plaintiffs in negligence actions to establish the defendant had a duty of care. Since a range of negligent accidents can lead to amputation, the defendant’s duty depends heavily on how the injury occurred.
For example, if the Houston amputation injury occurred from a car crash, an attorney could help show the at-fault party violated their duty of care by disobeying traffic laws or engaging in certain reckless behavior, such as drunk driving.
If the amputation injury was the result of a workplace accident, the lawyer could investigate and gather evidence to show the employer violated their duty of care to maintain safe working conditions.
Once a duty of care is established, the court will generally ask if the defendant exercised a reasonable standard of care. However, the court will hold certain types of professionals to a higher standard of care than the reasonableness standard.
Medical professionals, for example, must provide a reasonable standard of care and act with a level of competence consistent with their profession.
If the injury happened at work, the attorney could also advise on whether the client is required to pursue workers’ compensation benefits under Texas Civil Practice & Remedies Code § 408.001.
Special Rules for State Medical Malpractice Claims
The state also has special rules for amputation injuries caused by medical malpractice. Tex. Civ. Prac. & Rem. Code § 74.251(a) stipulates that a minor injured at the age of 12 or younger has either two years or until the age of 14 to have the claim brought on their behalf.
Additionally, the state has a statute of repose for medical malpractice claims under Tex. Civ. Prac. & Rem. Code § 74.251(b). The rule states that a plaintiff cannot bring a claim more than 10 years from the date of the incident, regardless of when the injury was discovered.
For healthcare liability claims, Tex. Civ. Prac. & Rem. Code § 74.301 limits noneconomic damages recovery at $250,000 per person and caps total noneconomic damages from a single incident at $500,000.
A Houston lawyer could also help an amputation injury victim file required notices for medical malpractice claims. Tex. Civ. Prac. & Rem. Code § 74.051 requires plaintiffs pursuing healthcare liability claims to provide 60-days’ notice to each allegedly at-fault medical professional.
State Time Limits to File Claims for Amputation Injuries
A person is required to file a lawsuit for a negligence-related amputation injury within two years of the incident under Tex. Civ. Prac. & Rem. Code § 16.001, or the court can dismiss the entire suit. If the victim is a minor, the two-year period begins tolling when they turn 18 years old under Tex. Civ. Prac. & Rem. Code § 16.001. However, the state has special statute of limitations rules for certain claims.
The state also has a statute of repose, Tex. Civ. Prac. & Rem. Code § 74.251(b), stipulating a person cannot file a lawsuit more than 10 years from the date of the incident, to address situations when the harm caused by the negligent action is not immediately apparent.
Reach Out to a Houston Attorney About Amputation Injuries
You should schedule a consultation with a Houston amputation lawyer right away when you are injured as the result of a negligent accident. You could receive economic and noneconomic compensation for your life-changing injury and suffering.
One of our attorneys could advise you about the necessary evidence to help establish the defendant’s duty of care based on the type of accident. Call today to schedule a consultation.