Rochester, NY Amputation Lawyer

At Kammholz Law, we put your well-being first at all times. We understand that the healing process is stressful and painful. We will support and guide you on the claims process so your role can be to focus on healing while we focus on helping you get the compensation you need. We promise to put our core values of integrity, creativity, personal service and excellence to work for you.

With decades of experience representing people who have lost limbs due to the negligence of others through accidents, car crashes and medical malpractice throughout New York, we know that these injuries are life-changing. There is no such thing as a minor amputation injury. Our team is ready to help in these serious situations.

Helping You Find Compensation After the Loss of a Limb

If you or a loved one suffered the loss of a limb due to the negligence of another, we at Kammholz Law can help pursue financial compensation for any past, present and, even, future losses and damages relating to your injury. We are a Rochester-based medical malpractice / negligence law firm that is knowledgeable, experienced, compassionate and dedicated to helping people just like you. We will put our nearly 35 years of experience to work, determining who is responsible and hold them accountable to ensure your highest level of compensation for your injuries while also delivering you peace of mind. You are not a number, you are a highly valued client, who is seeking financial and oftentimes, emotional recovery from the serious injuries you have suffered.

Compensation for Prosthetics and all Other Costs

We represent people who suffered loss of legs, loss of arms, loss of hands, loss of feet and other amputation injuries. If you or a loved one has suffered this type of injury, after your treatment has been completed, you may need a prosthetic arm, leg or other limb. Prosthetic limbs are extremely expensive. This is one of the many expenses we are committed to getting you compensation for.

Amputations and Complex Regional Pain Syndrome

Our experience has led us to handle many serious and complex cases. One scenario we have seen is that, while a limb may not be lost in the accident itself, amputation may become a requirement during the treatment process. Sometimes, the initial injury may seem minor, but chronic pain remains even after treatment has concluded. In some cases, amputation is the only treatment for chronic pain and complex regional pain syndrome.

Amputation may also be the result of a doctor’s failure to diagnose cancer or another medical condition. We handle these complex and traumatic cases.

Statute of Limitations for Amputation Claim

There are time limits called “statutes of limitations” on how long you have to file a medical malpractice and/or negligence claim in New York. You must bring a formal lawsuit before the statute of limitations expires or you will be forever barred from doing so.

The statute of limitations for your claim depends on numerous factors such as: is it a general negligence case (i.e. motor vehicle accident, slip/trip and fall, construction site, premises liability, etc.) or is it a medical malpractice case, who the negligent party is, age of the injured patient, and whether the person passed away as a result of the malpractice or negligence.

If the injury was the result of “general negligence”, the statute of limitations for your claim depends on who the negligent person is – a private citizen/company or state/municipality. The statute of limitations can be as short as one (1) year from the date of the accident or as long as three (3) years from the date of accident. You may also be required to file a “Notice of Claim” with the municipality within ninety (90) days of the incident.

If the injury was the result of medical malpractice, the statute of limitation for your claim is two and half (2.5) years from the date of the alleged negligent act or omission that caused the injury. If the injured patient is a minor (under the age of 18), either ten (10) years after the patient is injured or two and half (2.5) years from their 18th birthday, whichever comes first, to file a malpractice claim.

Some hospitals and medical facilities are owned and operated by a City, County or even the State of New York. In these circumstances, you may be required to file a “Notice of Claim” with the municipality within ninety (90) days of the alleged malpractice/negligence.

Some hospitals and medical facilities are owned and operated by the United States (Federal) Government. Under the Federal Tort Claims Act (FTCA), these claims must be handled in a certain way. You must notify the Federal agency of the intent to file a medical malpractice/negligence claim within two (2) years of the alleged malpractice/negligence.

There are exceptions to these time frames that may apply to your claim. Determining the applicable time frame can be confusing so contact Kammholz Law to determine whether you have a claim and what the applicable statute of limitations is. We are here to help!

Let Us Take It From Here! FREE Consultation!

We’re here to help! To schedule a free consultation, please call us at 585.678.4500 or complete the secure form below.

Paying For Your Personal Injury Case

We Get Paid Only When You Get Paid

There’s no cost to find out whether you have a case. There is also no upfront costs to pursue a case, should you have one. If there is a successful outcome, we receive our costs and a percentage of what you receive called a contingency fee. The exact percentage depends upon what caused the actual amputation (i.e. auto accident vs. medical malpractice, etc.).

In New York, the contingency fee for general negligence cases, such as an auto accident, slip/trip fall and construction accident, is one-third (33.3%) of the total damages paid. Percentage is calculated on the net amount after expenses and disbursements are deducted.

New York’s Judiciary Law Section 474-A, sets the amount of the contingency fee for medical malpractice based upon a “sliding scale” starting at 30% and reducing to as little as 10% depending upon the amount of the recovery. Specifically, the attorney’s fee is 30% for the first $250,000 of the sum recovered. For the next $250,000 recovered, the fee is 25%. For the next $500,000 recovered the fee is 20%. For the next $250,000 recovered the fee is 15%. After that any amount recovered over $1,250,000 the fee is 10%. Percentages are calculated on the net amount after expenses and disbursements are deducted. Expenses are costs such as medical expert reviews/testimony, court filing fees, medical records and other costs to properly pursue the claim.

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