Have questions?
Call us for a free consultation!
(415) 466-8717
An amputation involves surgical or traumatic removal of a body extremity like a foot, leg, hand or arm. If an extremity has been severely damaged in an accident, it might need to be surgically amputated. Traumatic amputations involve an extremity being torn off by brute force in an accident. Both surgical and traumatic amputations are unusual, but they’re sometimes seen as a result of a motor vehicle impacting with a bicyclist. Surgical amputations are more common than traumatic amputations.
An impact from a motor vehicle can easily shatter a bicyclist’s arm or leg. It can even propel a rider from a bike with force that’s sufficient to shatter an arm or leg when landing on the pavement or crashing into a stationary object. If that limb is amputated, the bike rider is fortunate to escape with his or her life. Then comes the issue of reaching maximum medical improvement after that amputation. That’s a long, painful and expensive process. Here’s what a victim is facing:
  • Paramedics at the scene and an ambulance to an emergency room
  • Surgeries to either try to save the limb or amputate it
  • Post-surgery recovery in the hospital
  • Rehab
  • Fittings and re-fittings of a prosthesis
  • A possible job change
  • The certainty of a lifestyle change

Damages that can be claimed

If somebody else was careless and negligent and caused your accident and the resulting amputation, you’ll want to make a personal injury claim in order to be compensated for the damages that you’ve suffered. Along with other damages, those are likely to include:

  • Past medical bills and medical bills reasonably expected to be received in the future
  • Past lost earnings and lost earnings reasonably expected to be lost in the future
  • Permanent disability
  • Permanent disfigurement
  • Past pain and suffering and pain and suffering reasonably expected to be endured in the future
  • Loss of a normal life

It’s not unusual for amputation victims to also suffer psychological trauma like depression, anger and loss of self-esteem. The cost of professional mental health treatment can also be included in a claim for compensation after an amputation.


Artificial extremities are designed with the purpose of allowing an amputation victim the opportunity to regain as much day-to-day function as possible. Some prosthetic devices are complex. They require maintenance and periodic replacement. They can be customized and interchangeable for specific uses too. Prosthetics should be included as a part of the amputee’s past and future medical bills.

Time limitations

The general rule in California is that you have two years from the date of your injury to file a lawsuit seeking compensation for injuries. If your claim is against a governmental entity or agency, strict notice requirements might apply with a much shorter time limit for filing those notices. You will want to talk to us as soon as possible after your accident in order to make proper and timely filings. We offer free consultations and case evaluations for that purpose.

A life care plan

Amputation cases are far more complicated than ordinary fracture cases. The loss of a limb drastically and permanently changes a person’s life. We understand the physical and emotional trauma that amputees endure. Tasks that were previously routine might become impossible. With the assistance of doctors and other medical personnel, a life care plan might need to be prepared for purposes of projecting future care expenses. We have the resources necessary to work on a life care plan with a team of trauma doctors and nurses who have dedicated countless hours treating and caring for amputees.

Frequently Asked Questions

Do I need an attorney for an amputation injury claim?

California law doesn’t require you to have an attorney to file a claim for injuries; however, when the injury is severe like an amputation, it’s better to have an experienced attorney fighting for you. The insurance companies have their high-priced lawyers, and they are experienced at paying out as little as possible. You need someone to level the playing field.

Do I get to choose my prosthesis if I get an amputation injury from an accident?

California law doesn’t regulate the type of medical treatment one receives in a car accident, so choosing a prosthetic is between you and your doctor. The law requires the at-fault party to pay for all reasonable medical expenses, therefor as long as it’s reasonable, they will be required to compensation up to the limits of the policy.

What if I can’t work after I lose my arm or leg in an accident?

If you are injured because of the negligence of someone else, they are required to pay for all your medical treatment and other financial losses. If your ability to work is diminished, then you can seek future wages, retraining costs and any other costs associated with your amputation.

Contact Bay Area Bicycle Law

If you or a family member required an amputation anywhere in California as a result of the carelessness and negligence of somebody else, contact us as soon as possible for that free consultation and case evaluation. You don’t need to pay us a penny in advance. If we enter into a retainer agreement, no legal fees at all are due unless we obtain a settlement or verdict for you. Remember that strict time limitations apply. You’ll be needing our help, so contact us as soon as you can.