Amputations are painful, both physically and mentally. Not only have you undergone a painful surgery, but you must also cope with losing a part of your body. Settlements in these kinds of cases are known to be substantial.
The average settlement for an amputated toe is difficult to determine because numerous factors might influence the final settlement. However, settlements usually account for medical expenses in addition to pain and suffering. Factors to think about when negotiating a settlement include how the amputation affects your ability to work, medical costs, emotional distress, and how severe the amputation was. How and why your toe was amputated are also important details. You might negotiate for a bigger settlement if the defendant had malicious intent or if your injury has taken a larger toll on your life. Negotiating a settlement might take some time, as we might need to go back and forth with the defendant before coming to an agreement.
If you were injured and lost a toe, call our Maryland limb loss and amputation lawyers at (410) 694-7291 and set up a free review of your claims with us at Rice, Murtha & Psoras.
Typical Settlements for Maryland Cases Involving Toe Amputations
The average settlement for injury cases involving toe amputations across Maryland is hard to determine. Numerous factors go into a settlement, and each case comes with its own unique set of factors and circumstances.
A typical amputation settlement accounts for economic losses, emotional distress, and numerous other factors usually involved in amputation cases. Generally, amputation cases involve high damages and large settlements. While the defendant might argue that losing a toe is not serious compared to a whole foot, arm, or leg, the loss is still significant.
Depending on how your injury occurred and its impact on your life, a toe amputation might warrant a settlement of tens of thousands of dollars. In severe cases, you might successfully argue for even more. You should speak with an attorney to understand what your toe amputation case might be worth.
Factors You Should Consider When Claiming Damages for a Toe Amputation in Maryland
As discussed above, the settlement in your toe amputation case may depend on numerous factors unique to your situation. Our Maryland limb loss and amputation lawyers can go over how your accident occurred and how it has affected your life to get you the best settlement possible.
One important factor to discuss with your lawyer is how the amputation has affected your ability to work. Some people work on their feet and cannot do their job while recovering from a painful toe amputation. The longer you cannot work because of the amputation, the higher your settlement should be.
Of course, you must consider medical costs. Amputation surgeries are costly procedures. In many cases, amputation is a last resort, and many other expensive treatments might have been tried before amputation.
Non-economic injuries may also drive up the value of a settlement for a toe amputation. First, the amputation itself likely comes with severe physical pain. On top of that, injured victims must mentally and emotionally cope with losing parts of their bodies. While some people might say it is only a small part and not a big deal, those people have likely never lost a toe.
You should also think about how many toes were amputated. If the injury to your foot was serious, more than one toe might have been lost. Sometimes, courts treat the loss of more than one toe as if the entire foot were amputated. As such, you should receive a much higher settlement.
How and Why Was Your Toe Amputated in Maryland?
The nature of the accident that caused your toe to be amputated might also play a large role in settlement negotiations. Accidents and injuries leading to amputations happen in many different ways, and defendants are sometimes very remorseful. Other times, they dig their heels in and refuse to take accountability.
If the defendant unintentionally caused the accident because of a minor mistake, you might have trouble arguing for a larger settlement. On top of that, their mistake, although negligent, might be considered somewhat excusable or “an honest mistake” by a jury. The more likely a jury will sympathize with the defendant, the worse your odds are in settlement talks.
For example, perhaps the defendant caused a car accident because they failed to signal a turn. A jury might take pity on a defendant for making such a minor mistake with such huge consequences, especially if the defendant is remorseful. On the other hand, if the defendant’s actions were shocking or outrageous and they do not seem to care that they hurt you, you might have better luck getting a larger settlement, as a jury might show the defendant no mercy.
Some injuries and amputations are the result of medical negligence. Perhaps you needed a minor surgery on your foot, but the surgeon made a terrible mistake, and you lost an entire toe. Medical malpractice claims are very serious, even if plaintiffs fully recover. Doctors are charged with great responsibility, and violating their duty of care may warrant a large settlement.
How to Negotiate a Settlement for an Amputated Toe in Maryland
The more evidence you have showing how the defendant caused the accident, especially if their behavior was especially heinous or shocking, the more likely a jury will side with you and award you hefty damages. In that case, you have more leverage for a bigger settlement. If you have strong evidence, the defendant might just agree to cover all your damages, save legal fees on the trial, and avoid humiliation in court.
You should also talk to your lawyer about the best negotiation tactics for your case. Once you know how much compensation is on the line, demand more. When negotiating, you should open with a high settlement and expect it to be worked downward to something more reasonable.
Call Our Maryland Limb Loss and Amputation Attorneys for Help Now
If you recently had a toe amputated after an injury, call our Baltimore limb loss and amputation attorneys at (410) 694-7291 and schedule a free review of your claims with us at Rice, Murtha & Psoras.