Losing a limb is one of the most devastating injuries a person can experience. If you or someone you love suffered an amputation due to another party’s negligence in Houston, you may be entitled to significant compensation for your medical bills, lost income, pain and suffering, and the permanent changes to your life. Our Houston amputation injury lawyers understand what’s at stake and are ready to fight for every dollar you deserve.
At Varghese Summersett, we’ve helped countless Texans recover after catastrophic injuries. With offices in Houston and across the state, our team includes trial-tested attorneys who know how to take on insurance companies and negligent parties. Our Houston amputations lawyer works on a contingency fee basis, which means you pay nothing unless we win your case.
Why Amputation Injuries Require Specialized Legal Help
Amputation cases are not like typical injury claims. The lifelong nature of the injury, combined with the extensive medical care required, means these cases involve complex damage calculations that many attorneys simply aren’t equipped to handle. Insurance companies know this and will try to settle these claims quickly and cheaply before you understand the true value of your case.
A traumatic amputation affects every aspect of your life. You may never return to your previous job. You may need prosthetics, ongoing rehabilitation, home modifications, and assistance with daily activities for decades. The emotional toll on you and your family can be immense. Your claim must account for all of this, not just your initial hospital bills.
Texas courts have long recognized that calculating future damages requires careful attention to detail. An award of future medical expenses may be based on the nature of the injury, the medical care rendered in the past, and the condition of the injured party at the time of trial. Our attorneys work with medical experts, life care planners, economists, and vocational rehabilitation specialists to build cases that reflect the true scope of our clients’ losses. When insurance companies see a well-prepared case backed by solid evidence and expert testimony, they take the claim seriously.
Common Causes of Amputation Injuries in Houston
Houston’s economy relies on industries and transportation systems that, while essential, can cause devastating injuries when safety is ignored. The most common causes of traumatic amputations in the Houston area include:
Industrial and Workplace Accidents: Houston’s petrochemical plants, refineries, and manufacturing facilities present serious risks. Workers may lose limbs to unguarded machinery, crushing injuries, or industrial equipment malfunctions. Under Texas Civil Practice and Remedies Code Chapter 95, property owners who control premises where injuries occur may be liable for failing to maintain safe conditions or warn of hazards.
Commercial Truck Accidents: The sheer size and weight of 18-wheelers and commercial vehicles can cause catastrophic injuries in collisions. When a limb is crushed or so severely damaged that surgical amputation becomes necessary, victims may have claims against the truck driver, trucking company, and other responsible parties. Our Houston truck accident lawyers have experience handling these complex claims.
Construction Site Injuries: Falls, caught-in-between hazards, and power tool accidents regularly result in amputations on Houston construction sites. Third-party contractors, equipment manufacturers, and property owners may all share liability depending on the circumstances.
Motor Vehicle Crashes: High-speed collisions, motorcycle accidents, and pedestrian accidents can result in traumatic limb loss or injuries so severe that doctors must amputate to save the patient’s life. Our Houston car accident lawyers handle these claims throughout Harris County.
Oilfield Accidents: The Houston region’s connection to the oil and gas industry means workers face risks from drilling equipment, explosions, and heavy machinery. Companies that cut corners on safety put workers at risk of life-changing injuries.
Types of Compensation Available After an Amputation
Texas law allows amputation victims to recover compensation for both economic and non-economic damages. Understanding these categories helps you see why proper case valuation matters so much.
Economic Damages
These are the measurable financial losses caused by your injury. In amputation cases, they typically include:
- Emergency medical treatment and hospitalization
- Surgical costs, including the amputation procedure and any follow-up surgeries
- Prosthetic limbs and devices (initial and lifetime replacement costs)
- Physical therapy and rehabilitation
- Home modifications (ramps, accessible bathrooms, widened doorways)
- Medical equipment and mobility aids
- Lost wages during recovery
- Loss of future earning capacity if you cannot return to your previous occupation
- In-home care and assistance with daily activities
A modern prosthetic leg can cost $50,000 or more, and most amputees will need multiple replacements throughout their lifetime. Socket replacements are typically needed every few years. These ongoing costs add up to hundreds of thousands of dollars over a lifetime, and your settlement must account for every projected expense.
The Role of Life Care Planners
In serious amputation cases, we work with certified life care planners who prepare detailed projections of our clients’ future needs. These professionals analyze your medical condition, consult with your treating physicians, and create a comprehensive plan that accounts for every anticipated expense over your lifetime. Texas courts have consistently approved the use of life care plans, which may include not only future medical costs but also home refurbishment expenses, transportation costs, and other necessary accommodations.
A life care plan transforms abstract concepts into concrete dollar figures that juries can understand. Instead of asking jurors to guess what prosthetics might cost over 40 years, we present them with detailed projections backed by medical evidence and industry pricing data.
Non-Economic Damages
These damages compensate for the intangible losses that don’t come with receipts but are very real. Under Texas Civil Practice and Remedies Code Chapter 41, you can recover for:
- Physical pain and suffering (past and future)
- Mental anguish and emotional distress
- Physical impairment and loss of enjoyment of life
- Disfigurement
- Loss of consortium (for your spouse)
The Texas Supreme Court has emphasized that proving mental anguish requires evidence of its “nature, duration, and severity.” This means showing not just that you suffered emotionally, but how that suffering manifests in your daily life. A father grieving the loss of his leg may find himself unable to coach his son’s baseball team, walk his daughter down the aisle, or perform activities he once took for granted. These specific adverse manifestations of emotional distress provide the foundation for meaningful compensation.
If you’ve been seriously injured in an accident, you don’t have to face the insurance companies alone. Call our Houston office at (281) 805-2220 for a free consultation with an experienced injury attorney.
Understanding Physical Impairment Damages
Physical impairment is a separate element of damages that goes beyond lost earning capacity and pain and suffering. In cases involving extremely severe injuries like amputations, physical impairment may be inferred by the jury based on the obvious limitations the injury creates.
The Texas Supreme Court has recognized that physical impairment encompasses “loss of enjoyment of life,” which compensates you for the activities and experiences you can no longer fully participate in because of your injury. If you loved hiking, playing sports with your children, or dancing with your spouse, the permanent loss of those abilities has real value that deserves compensation.
Physical impairment damages are distinct from your other losses. The law recognizes that even if you return to work and earn the same salary, even if your physical pain is managed with medication, there remains a separate and substantial loss when you can no longer live the life you once enjoyed.
How Fault and Liability Work in Texas
Texas follows a modified comparative negligence rule. This means you can recover damages as long as you are not more than 50 percent responsible for the accident that caused your injury. However, your compensation will be reduced by your percentage of fault.
For example, if a jury determines your amputation case is worth $2 million but finds you were 20 percent at fault, your recovery would be reduced to $1.6 million. Insurance companies will look for any opportunity to shift blame onto you, which is why having an experienced attorney matters.
In amputation cases, multiple parties may share liability. A construction accident might involve the general contractor, subcontractors, equipment manufacturers, and property owners. A truck accident might involve the driver, trucking company, maintenance provider, and cargo loaders. Our attorneys thoroughly investigate every case to identify all potentially responsible parties and available insurance coverage.
What Your Amputation Case May Be Able to Recover
Every amputation case is different, and anyone who quotes you a specific value without thoroughly reviewing your situation isn’t being honest. That said, amputation cases typically result in higher settlements and verdicts than many other types of injury claims because of the permanent, life-altering nature of the injury.
The proper measure of damages for lost income is loss of earning capacity, not simply lost earnings. This distinction matters because you may recover even if you continued working despite your impairment, or even if you earn more after the injury than you did before. The question is whether your capacity to earn money has been diminished, not simply whether you found a way to keep working.
Factors that affect the value of your claim include:
The location and extent of the amputation: Losing a leg above the knee presents different challenges than losing fingers. Upper-limb amputations often result in higher valuations because prosthetic arms and hands are more complex and less effective at restoring function than prosthetic legs.
Your age and occupation: A 30-year-old construction worker who loses a leg faces decades of lost earning capacity and prosthetic costs. These future damages can significantly increase case value. Texas courts recognize that loss of earning capacity that a party will suffer in the future is always uncertain and left largely to the jury’s sound judgment and discretion.
The strength of liability evidence: Clear evidence of negligence or recklessness strengthens your position in settlement negotiations and at trial.
Available insurance coverage: The defendant’s insurance limits and assets affect what recovery is realistically available.
Your pre-injury health and activity level: The contrast between your life before and after the injury helps demonstrate the full extent of your losses.
What to Expect After a Traumatic Amputation
The days and weeks after a traumatic amputation are overwhelming. While your immediate focus should be on medical treatment and recovery, understanding the legal process can help you protect your rights.
Preserve evidence: If possible, have someone photograph the accident scene, your injuries, and any equipment involved. Keep copies of all medical records and bills. Do not give recorded statements to insurance adjusters without speaking to an attorney first.
Report the incident: Workplace injuries should be reported to your employer immediately. Car accidents should be reported to police. These official reports become important evidence in your case.
Seek comprehensive medical care: Follow all treatment recommendations. Attend physical therapy, counseling, and prosthetic fittings as prescribed. Gaps in treatment give insurance companies ammunition to argue your injuries aren’t as serious as claimed.
Consult an attorney early: There are deadlines for filing injury claims in Texas. Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of injury to file a lawsuit. Waiting too long can mean losing your right to compensation entirely.
The claims process typically involves investigation, demand preparation, negotiation with insurance companies, and potentially litigation if a fair settlement cannot be reached. Most amputation cases settle before trial, but having attorneys who are prepared and willing to go to court gives you leverage in negotiations.
Proving Future Damages in Amputation Cases
One of the most challenging aspects of amputation cases is proving future damages. Unlike past medical bills, which come with receipts, future losses require projection and expert analysis.
Texas courts have consistently held that the award of future medical expenses is within the jury’s discretion and that no precise evidence is required. The jury may make its award based upon the nature of the injuries, the medical care rendered before trial, and the condition of the injured party at the time of trial. However, the strongest cases present comprehensive evidence through expert witnesses.
We build our clients’ future damage claims by presenting:
Medical testimony: Your treating physicians and medical experts explain your prognosis, the likelihood of future surgeries or complications, and the ongoing care you will require.
Life care planning: Certified life care planners project your lifetime medical and personal care needs, translating medical recommendations into specific costs.
Economic analysis: When making a lost earnings claim, Texas law requires that evidence be presented in the form of net loss after reduction for income taxes. We work with forensic economists who can calculate your diminished earning capacity over your work-life expectancy while complying with these evidentiary requirements.
Vocational rehabilitation experts: These specialists assess how your amputation affects your ability to work in your previous occupation and what alternative employment options remain available to you.
Don’t let an insurance company’s first offer determine your future. Talk to our Houston personal injury lawyers about what your case is actually worth. Call (281) 805-2220 for a free, no-obligation consultation.
Why Insurance Companies Fight Amputation Claims
Insurance companies are businesses focused on their bottom line. When they see a claim worth potentially millions of dollars, they deploy experienced adjusters and defense attorneys to minimize what they pay. Common tactics include:
Quick lowball offers: Adjusters may contact you within days of your injury with a settlement offer that seems large but doesn’t come close to covering your lifetime needs. Once you accept, you cannot ask for more money later.
Disputing the severity of your injury: Even with obvious injuries like amputations, insurers may argue you can return to work, don’t need certain treatments, or can manage with lower-cost prosthetics.
Blaming you for the accident: If they can convince a jury you were even partially at fault, your recovery decreases proportionally.
Challenging your mental anguish: Defense attorneys know that Texas law requires evidence of the nature, duration, and severity of mental anguish. They may argue that your emotional suffering is temporary, exaggerated, or unrelated to the accident.
Delaying tactics: Dragging out the process puts financial pressure on you, hoping you’ll accept less just to get some money.
Our attorneys have seen every tactic insurance companies use. We don’t let them push our clients into inadequate settlements. When necessary, we take cases to trial and have the courtroom experience to win.
What to Expect From Varghese Summersett
When you hire our firm, you get a team that treats your case like it matters because it does. We have more than 70 team members across our Texas offices, and we bring significant resources to every case we accept.
From your first consultation, we listen to understand what happened and how the injury has affected your life. We investigate thoroughly, gathering evidence, consulting experts, and building the strongest possible case. We keep you informed throughout the process and are always available to answer your questions.
Our catastrophic injury attorneys understand that amputation cases require a different approach than typical injury claims. We present evidence of your injuries through multiple channels: your own testimony, the testimony of family members and friends who have witnessed your struggles, the testimony of doctors and healthcare professionals, medical records and imaging, and photographs that document your condition. This comprehensive approach ensures that juries understand the full scope of what you have lost.
We handle cases throughout the Houston area, including Harris County, Fort Bend County, and surrounding communities. If you can’t come to us, we’ll come to you.
Past results do not guarantee future outcomes, but our track record of fighting for injured Texans speaks for itself. We’re prepared to invest the time, money, and effort needed to pursue maximum compensation for your injuries.
Frequently Asked Questions About Amputation Injuries
How long do I have to file an amputation injury lawsuit in Texas?
Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of injury to file a personal injury lawsuit. However, certain circumstances can affect this deadline. Claims against government entities have shorter notice requirements. Waiting too long can result in losing your right to compensation, so it’s best to consult an attorney as soon as possible after your injury.
Can I still recover compensation if I was partially at fault for the accident?
Yes, as long as you were not more than 50 percent responsible. Texas follows a modified comparative negligence rule, which means your compensation will be reduced by your percentage of fault. For example, if you were 30 percent at fault and your damages total $1 million, you could recover $700,000. An experienced attorney can help minimize any fault attributed to you.
What if my amputation resulted from a workplace accident?
Texas has unique workers’ compensation laws. Not all employers carry workers’ comp insurance, and even if yours does, you may have third-party claims against equipment manufacturers, property owners, or contractors. Workers’ comp benefits often don’t fully compensate for serious injuries like amputations. Our attorneys can evaluate your situation and determine all available sources of recovery.
How much does it cost to hire an amputation injury lawyer?
We handle amputation cases on a contingency fee basis. This means you pay nothing upfront and no attorney fees unless we recover compensation for you. Our fee comes as a percentage of your settlement or verdict. This arrangement allows injury victims to access quality legal representation regardless of their financial situation.
What is a life care plan and why do I need one?
A life care plan is a detailed projection of your future medical and personal care needs, prepared by a certified life care planner. It includes anticipated costs for prosthetics, medical appointments, physical therapy, home modifications, and any other services you will need over your lifetime. Life care plans help establish the full value of your future damages and are persuasive evidence in settlement negotiations and at trial.
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Get Help From a Houston Amputation Injury Lawyer Today
A traumatic amputation changes your life forever. You deserve a legal team that will fight to make sure you have the resources you need to move forward. At Varghese Summersett, we’re here to help you through this difficult time and pursue the maximum compensation available under Texas law.
Call our Houston office today at (281) 805-2220 for a free, confidential consultation. We’ll review your case, explain your options, and answer your questions. There’s no obligation and no fee unless we win.