A Guide to Compensation After an Amputation Injury in Columbia, SC

What Is Life Like After Losing a Limb?

Adjusting to life after an accident that results in an amputation can be incredibly challenging and often has lasting effects apart from the actual limb loss. The experience varies from person to person, but below are some common issues that many amputees face.

Physical Challenges

Many people experience phantom limb pain, where discomfort or pain is felt in the missing limb, which can range from mild to chronic. Mobility issues often arise, as learning to use a prosthetic or adjusting to life without the limb may require physical therapy to rebuild strength. A loss of independence is also common, as tasks like driving may now require assistance or modifications.

Emotional and Psychological Challenges

Many amputees, especially those who lost limbs in traumatic events, may suffer from post-traumatic stress disorder (PTSD), which includes flashbacks, nightmares, and anxiety. The adjustment to living without a limb can lead to anxiety and depression, as amputees may feel overwhelmed by their new limitations or face fears about their future. Body image issues often arise, affecting self-esteem and confidence, particularly in social or intimate situations.

Financial Challenges

Employment challenges are common after an amputation, especially for workers in physically demanding jobs, sometimes necessitating a career change. Long-term physical rehabilitation is also usually necessary to help amputees regain mobility, especially if prosthetics are involved, which can be expensive and also take time away from work.

If you’re struggling after an amputation injury, there are resources available to help. Visit the Amputee Coalition at www.amputee-coalition.org to learn about resources and support groups near you.

What Is the Life Expectancy of a Person Who Has Lost a Limb?

The life expectancy of individuals who have undergone amputation can be notably impacted, especially when the cause is linked to underlying health conditions like peripheral artery disease or diabetes.

According to a study published in the National Library of Medicine, post-amputation mortality rates for those who have had amputations due to pre-existing health conditions range from 13% to 40% within 1 year and almost 50% within 5 years.

However, amputations due to an injury or accident generally do not impact life expectancy in the same way as amputations caused by underlying medical conditions.

In cases of traumatic injury, if the person recovers well and avoids complications like infection, their life expectancy is often not significantly reduced.

Options for Compensation After an Amputation Injury in SC

If you were injured in an accident in South Carolina that resulted in an amputation, you may be eligible for compensation through 2 possible avenues: a workers’ compensation claim and a personal injury lawsuit.

Workers’ Compensation for an Amputation Injury

If the injury occurred at work, you may be able to file a workers’ compensation claim. Workers’ compensation provides certain benefits to employees injured on the job, and in South Carolina, almost all employers with 4 or more employees must carry this insurance. This system operates under a no-fault system, meaning you don’t need to prove employer negligence to receive benefits.

Keep in mind, however, that workers’ comp is an exclusive remedy, which means that by accepting workers’ compensation, you forfeit the right to sue your employer for negligence, limiting further legal action against them.

The types of benefits you can receive from workers’ comp include:

• Medical benefits. These cover all necessary medical treatments related to your amputation, including surgeries, hospital stays, medications, rehabilitation, and prosthetics.
• Wage loss benefits. These provide payments to compensate for temporary loss of income during your recovery, typically two-thirds of your average weekly wage.
• Permanent disability benefits. Additional benefits are available if the amputation results in a permanent loss of function or an inability to return to work.
• Vocational rehabilitation benefits. These provide training and education to help you return to work or transition to a new job.
• Death benefits. If the injury leads to death, workers’ comp provides death benefits to surviving family members, including funeral expenses and ongoing financial support.

If your injury was caused by a third party (someone other than your employer, like a manufacturer or negligent driver), you may be able to file a personal injury claim in addition to receiving workers’ comp benefits.

This could enable you to recover additional compensation for non-economic damages like pain and suffering that are not covered under workers’ comp. An experienced Columbia workers’ compensation attorney can help you understand your rights and explore all the legal options available to you.

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Personal Injury Claim for an Amputation Injury

If you suffer an amputation due to someone else’s negligence, you may be able to get compensation through a personal injury claim.

To do this, you will need to prove that the other party (defendant):

• Had a duty of care toward you, which is a legal obligation to act with a reasonable level of caution and responsibility to prevent harm or injury to others
• Failed to meet this duty of care through negligence (such as by speeding, texting and driving, drinking and driving, etc.) or intentional acts
• Directly caused harm or injury because of their negligence

Finally, you will also need to prove that you suffered actual damages (physical, emotional, or financial) as a result of their negligence. Compensation in a personal injury lawsuit can include medical expenses, lost income (past and future), pain and suffering, emotional distress, and additional related losses.

Need Help Navigating Your Legal Options After an Amputation Injury in SC?

If you or a loved one has suffered an amputation injury in South Carolina, it’s crucial to understand your legal rights and explore your options for compensation. Accurately estimating the lifelong costs associated with these catastrophic injuries—including medical care, prosthetics, rehabilitation, and lost income—is essential to ensuring you receive the compensation necessary to support your future.

The knowledgeable Columbia injury attorneys at Smith, Born, Leventis, Taylor & Vega are uniquely positioned to help, with extensive experience in both personal injury and workers’ compensation cases. We can handle all the paperwork and negotiations with the insurers so you can focus on your recovery.

References

Amputee Coalition. (n.d.). Amputee Coalition – Learn about amputation & prosthetic care & request support for people living with limb loss, their families, caregivers and clinicians who care for amputees. Amputee Coalition. https://www.amputee-coalition.org/#:~:text=National%20Limb%20Loss%20Resource%20Center 

Caruso, M., & Harrington, S. (2024). Prevalence of Limb Loss and Limb Difference in the United States: Implications for Public Policy. https://avalere.com/wp-content/uploads/2024/02/Prevalence-of-Limb-Loss-and-Limb-Difference-in-the-United-States_Implications-for-Public-Policy.pdf 

Qaarie, M. Y. (2023). Life Expectancy and Mortality After Lower Extremity Amputation: Overview and Analysis of Literature. Cureus, 15(5). https://doi.org/10.7759/cureus.38944