Injuries to your hand and fingers might be so severe that amputation is the only option for recovery. If you recently had a finger amputated after an accident, talk to a lawyer about how to get fair compensation.
Losing one finger might not net you as large of a settlement as expected. However, losing more than one finger might call for a much larger settlement. On top of that, the nature of the injury and the defendant’s role in everything are also considered. When negotiating a settlement, asking for the highest amount possible is important, as this will likely be reduced throughout settlement talks. You should also highlight all the reasons why you deserve more compensation. Such reasons might go beyond the injury and include non-economic injuries like pain, suffering, humiliation, and more. Common examples of accidents involving finger amputations include auto accidents, work-related injuries, and injuries from defective products.
If you recently had a finger amputated after an injury, call our Maryland personal injury attorneys at (410) 694-7291, and our team at Rice, Murtha & Psoras can arrange a free case review to get you started.
How Much is a Lawsuit for a Finger Amputation Worth in Maryland?
There is no exact number or explicit rule regarding how much a settlement for a finger amputation is worth or should be worth. However, laws pertaining to Workers’ Compensation shed some light on how fingers and amputations are valued in lawsuits and legal claims.
According to Md. Code Lab. and Empl. Art., § 9-627, you may be compensated differently depending on which finger was amputated. For example, the loss of a thumb is compensated the most with 100 weeks of Workers’ Compensation benefits. Meanwhile, the loss of a pinky finger is compensated the least with only 25 weeks of benefits. On top of that, losing at least 2 fingers may be compensated as if the entire hand were lost, which is 250 weeks of benefits.
Keep in mind that these benefits might only apply in cases where your finger was amputated after an accident at work. If your injuries occurred differently, your case is not bound by these limits. Even so, these limits give us an idea of what to expect. The loss of the finger alone might be worth several thousand dollars or more. You should also demand compensation for pain, suffering, medical expenses, and various other costs and painful experiences.
Factors That Might Increase or Decrease a Finger Amputation Settlement in Maryland
Often, these kinds of injuries occur alongside various other injuries. For example, in a car accident, you might have numerous other injuries in addition to the finger amputation, and the defendant should pay a hefty settlement. Our Baltimore personal injury lawyers can help you identify factors that might increase or decrease a potential settlement for your finger amputation.
Factors That Might Increase Your Settlement
An attorney can help you identify the factors and circumstances in your case that might help drive up the value of a potential settlement. To start, you should assess what fingers were amputated. The loss of certain fingers, such as thumbs and index fingers, tends to warrant more compensation because these fingers are necessary for various day-to-day activities.
On top of that, you can demand a greater settlement if you lose more than one finger, even if one of those fingers is considered “less important,” such as a pinky. Losing more than one finger might impair your ability to use the entire hand, and you can use this fact to negotiate for a higher settlement.
Discuss your job with your lawyer. Does the loss of a finger inhibit you from returning to work? If you work with your hands on a daily basis, losing a finger might mean you can no longer do the same job or must work to a lesser extent, thus losing income. For example, a carpenter might have trouble continuing to work if they lose a thumb or other finger. Your loss of income should factor into your settlement.
Even if you have no trouble resuming work after the amputation, you might have difficulty dealing with the loss emotionally. An amputation is considered a form of disfigurement. Even a minor amputation, such as losing a pinky finger, is still considered disfiguring, and a bigger settlement should be worked out.
Factors That Might Decrease Your Settlement
Your attorney can help you identify and prepare for factors that might work against your settlement negotiations. Perhaps the biggest hurdle some plaintiffs must overcome is allegations of contributory negligence. This typically occurs when defendants believe that plaintiffs somehow caused, at least partially, their own injuries.
For example, in a car accident case, the defendant might argue that the plaintiff contributed to the crash because they were speeding. If these allegations have enough support, your settlement might be less than you imagined.
Often, allegations of contributory negligence are bogus or overblown to help the defendant evade liability. Your lawyer can help you present compelling evidence that you did not contribute to your injuries.
We should also examine the fingers or fingers that were amputated. Obviously, amputating only 1 finger might warrant a smaller settlement than 2 fingers. On top of that, if the amputation does not impact your ability to work or live your life normally, you might have trouble arguing for a higher settlement.
Common Examples of Cases Involving Settlements for Finger Amputations
A finger amputation might result from numerous accidents and injuries. However, some accidents are more common and occur more frequently in finger amputation claims. One of the most common injury claims is for car accidents. A wide variety of injuries are possible in car accidents, including injuries to your hands and fingers. It is not uncommon for car accident victims to lose a finger, and the other driver should have to pay.
Another common cause of finger amputations is work-related accidents. Perhaps you work with heavy machinery or power tools, and an accident caused your finger to be amputated. While many such accidents are restricted to Workers’ Compensation, some incidents might allow injured victims to sue and negotiate settlements.
Speak to Our Maryland Personal Injury Attorneys About a Settlement for Your Injuries
If you had a finger amputated, call our Ellicott City, MD personal injury lawyers at (410) 694-7291, and our team at Rice, Murtha & Psoras can arrange a free case review to get you started.