Goldstein Ballen O’Rourke & Wildstein, P.C.
Goldstein Ballen O’Rourke & Wildstein, P.C.

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What are the legal implications of amputation injuries?

On Behalf of | Jan 31, 2025 | Personal Injury

Amputation injuries can drastically alter your life. The physical, emotional, and financial effects are significant, and understanding the legal implications is important if you’re pursuing compensation for your losses. These cases often arise from accidents caused by negligence, such as motor vehicle collisions, workplace accidents, or defective products.

How New Jersey’s comparative negligence affects your claim

New Jersey follows a comparative negligence rule, which means your compensation can be reduced if you are partially at fault for the incident. For example, if you are 20% at fault for the accident that caused your amputation, your damages would be reduced by that percentage. 

However, if you are more than 50% at fault, you cannot recover any compensation. Determining fault is a key aspect of these cases and often involves evidence such as police reports, medical records, and witness testimony.

Seeking damages for economic and non-economic losses

Amputation injuries often result in significant medical expenses, rehabilitation costs, and lost wages. You may also face ongoing expenses for prosthetics or modifications to your home. In New Jersey, you can seek compensation for these economic losses as well as non-economic damages, such as pain, suffering, and the emotional toll of losing a limb. 

Calculating these damages can be complex, especially for lifelong costs, so strong evidence and expert testimony are often necessary.

Understanding the statute of limitations

In New Jersey, you typically have two years from the date of your injury to file a personal injury lawsuit. Missing this deadline can bar you from recovering damages, so acting promptly is essential. Certain exceptions may apply, such as injuries involving minors or cases where the harm wasn’t immediately apparent.