Seeking Justice for a Lost Limb

It’s not a pretty statistic to think about, but one of the potential results of a serious injury accident is the amputation of a body part. This might “only” be a finger (or part of a finger), but it can also be far more serious and disabling: a hand, a foot, or all or part of an arm or leg.

Believe it or not, somewhere between 75,000 and 100,000 Americans suffer some kind of trauma that leads to an amputation every year, on top of a similar or larger number due to medical problems such as diabetes and cancer. Roughly one American in 190 has had an amputation of some kind. When an amputation is caused by the actions of another, the victim should seek appropriate restitution.

Workers Compensation and “Grave Injuries”

If a worker is injured on the job, workers compensation might help defray the medical costs and other expenses and losses when an amputation is involved. Under New York state law, an amputation can also qualify as a “grave injury,” which allows the injured worker to sue outside the workers comp system (although there are exceptions to the exception, which is why you should always discuss your case with a knowledgeable injury attorney).

Car Accidents and the “Serious Injury” Threshold

Similar to the New York workers comp statute, the no-fault auto insurance law here imposes a restriction on what kind of injury must have happened before a victim can sue. The loss of a body part meets this “serious injury” criteria and doesn’t impose the same kind of strict limits seen with workers comp. The law recognizes “dismemberment” as reason enough to label an injury “serious” and allow a personal injury claim to proceed outside the no-fault system.

Personal Injury Considerations

Fortunately, for personal injury cases not in the workers comp or auto insurance systems, there aren’t as many conditions to meet or hoops to jump through. Every case is, of course, unique, but if an accident has led to an amputation, the victim may be able to win compensation by proving that the person who caused the loss was at fault.

More Than Trauma at Issue

It’s obvious that someone else’s reckless or negligent behavior can be the foundation for a civil suit when a serious injury results. But a victim might have a case even when the amputation is not due to a traumatic injury. Even a diabetes amputee might have a claim. Did someone misdiagnose, fail to treat, or neglect a person, leading to a worsening condition that could only be addressed by amputation? Doctors recognize six steps in the progression of problems that eventually lead to a diabetic amputation, and medical professionals agree that each step is preventable. An amputation, even in someone with advanced diabetes, is only necessary after a series of avoidable circumstances has been allowed to unfold.

New York City Amputation Lawyer

When you’ve suffered an amputation, the circumstances may allow you to recover damages from the persons responsible. The team at Greenstein & Milbauer, LLP has experience helping victims of amputations, whether they’re the result of a car accident, a construction accident, or any other cause. Give us a call today at 1-800-VICTIM2 (842-8462) or contact us online through the form below to schedule a free appointment to discuss your case.

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New York Pedestrians Safer Than Ever?

There was good news earlier this year when the Mayor’s Office released data showing that in 2017 the city experienced the smallest number of pedestrian fatalities since it began keeping records on them, way back in 1910. Last year, a total of 214 people died in traffic crashes in New York City, 101 of them pedestrians. The year before, those numbers totaled 231, with 148 pedestrians.

Improvements Still Sought

The city credits the improvement to both the broad focus of its Vision Zero project, which aims to ultimately reach zero fatalities on city streets, and also on specific initiatives. In this case, many have credited the small change of leading pedestrian intervals with saving many pedestrian lives.

While the numbers are encouraging, it’s still disturbing to realize that more than one hundred of our fellow New Yorkers died last year simply while crossing the street or otherwise going about their business on foot.

Part of a National Problem

It’s true that we should keep the numbers in perspective: In terms of overall fatal accidents to people on foot, New York City is a hotspot that few others compare to. The National Highway Traffic Safety Administration reported that there were 5,987 pedestrian fatalities in the United States in 2016. New York City saw 148 pedestrian deaths that year, which means that more than one out of every forty pedestrian fatalities nationwide happened on the streets of the Big Apple.

Preliminary national data for 2017 estimate that the number of pedestrian fatalities was almost exactly that of the year before (New York’s share declined to only about one in sixty). But even more disturbing, pedestrian deaths are up 27 percent over the past decade, while other traffic deaths have declined.

Pedestrians Don’t Kill People . . .

People sometimes overlook the fact that pedestrians—or walking—aren’t the real problem. The problem is cars. No one ever died in a pedestrian-on-pedestrian collision.

In fact, at low speeds (under 20 mph), very few pedestrians are killed even in collisions with cars and trucks. The danger comes from drivers not looking out for others and often driving faster than they should. Increasing speed to just over 30 mph increases the pedestrian fatality rate to nearly 50 percent. The old cliché that speed kills turns out to be true.

New York City Pedestrian Accident Lawyer

We can’t focus only on fatalities: More than 1,000 New York City pedestrians are injured seriously enough to require medical treatment every month. These victims often have no recourse other than to sue the drivers who struck them in civil court.

If you’re a pedestrian who has been hurt in a collision with a motor vehicle, Greenstein & Milbauer, LLP may be able to help. Our experienced car accident attorneys have helped many of those harmed in crashes recover the damages they need to cover medical expenses, lost wages and income, and other costs related to the accident. Give us a call at 1-800-VICTIM2 (842-8462) or contact us online through the form below to schedule a no-cost, no-obligation consultation to discuss your case.

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