Did you know that in the US approximately one out of every 200 people will have an amputation? Approximately 1.7 million people in our country have experienced the loss of a limb.
Amputations can result from workplace accidents and motor vehicle accidents, as well as medical conditions or neglect. Many of our soldiers returning from war have suffered the loss of limbs.
Here in North County we have strong agricultural, manufacturing, and fishing industries. These workplaces have a very high incidence of amputation injuries. These injuries impact workers in profound ways which go beyond the immediate recovery from the trauma itself. Many times OSHA cites the employer who still fails to take corrective action for the conditions which led to the amputation injury.
Sadly, too, many amputations are the result of poor medical care. Dysvascular amputations (those resulting from poor circulation) comprise the majority of non-traumatic amputations. These can be associated with diabetes, which is also on the rise statistically in our society. Our elderly and infirm are at high risk for amputations.
Statute of Limitations
The statute of limitations in California for accidental injury claims is two years from the date of the accident. (Cal. Code of Civ. Proc. Section 335.1). This means if the claim is not resolved, and a lawsuit is not filed within the two- year period, the claimant will be forever barred from seeking money damages for personal injuries.
Medical negligence and elder abuse causes of action are also governed by a strict statute of limitation. And in cases against a public entity (e.g. city, state, school district, etc) have specific claims-filing requirements. Under most circumstances a claim must be filed with the governmental entity within six months of the date of harm.
Accordingly, for amputation cases, it is important to consult with an attorney as soon as possible to avoid missing the statutory deadline.
If you have questions about an amputation injury, please submit your confidential question online, or call Walton Law Firm for a free and private consultation. We can be reached toll-free at 866-607-1325, or locally at 760-571-5500