Amputation Injury Lawyer
At Campisi LLP, we approach every case with deep expertise and unfailing compassion. We understand the impact an amputation can have on the lives of our clients and their loved ones. We’re in your corner. We will fight for your right to receive the care, rehabilitation and compensation you deserve.
The full or partial loss of a limb is a tragic injury. Whether caused by a car, truck or motorcycle accident or for any other reason, an amputation can have devastating and life-changing consequences for the victim and their family. The intensive therapy, prosthesis costs and medical expenses can bring unexpected financial and emotional stress. Additionally, an amputation can have a permanent impact on the victim’s quality of life, including their ability to perform daily activities and remain competitive in the employment market. Because the long-term potential impact of an amputation is difficult for victims and their families to assess and understand, you should speak to our personal injury lawyers as soon as possible after the incident for free, no-obligation advice.
Can I get help with my rehabilitation?
Yes, we are personal injury lawyers with extensive experience in managing our clients’ rehabilitation needs. If you were injured in a car accident, we will help you file your application for Accident Benefits, support your treatment providers and arrange for medical assessments.
In Ontario, the amputation or the permanent loss of use of an arm or leg is often classed as a Catastrophic Impairment (CAT) for accident benefits purposes. As such, the victim is entitled to increased funding for medical and rehabilitation expenses. We understand that dealing with your insurance company can be intimidating and overwhelming. We will make sure you are treated fairly and will advocate on your behalf if it is necessary to get you the care you need.
We will look at your case for free and take the time to ensure you understand every detail of your lawsuit. Rest assured that you won’t pay anything until your case is won or settled.
When do I need to file my lawsuit?
Generally, you have two years from the date of the injury to file a lawsuit. However, lawsuits against municipalities require that notice of a pending suit be submitted within 10 days following the injury date. Speak to our personal injury lawyers now to make sure you file your case within the proper time limits.
NOTE: The two-year limitation period does not begin for a child until they reach the age of 18 in Ontario. This does not mean you should wait to speak to our pediatric injury experts. It is important that you discuss your child’s case with our personal injury lawyers right away to ensure the case is investigated and managed properly from the start. As these claims can go on for many years while the child’s development continues, it is important to lay the right groundwork.
How much compensation can I get?
Although compensation depends on the specific circumstances of the case, personal injury claims for amputations can result in very large damages awards because of the potential for all areas of your life to be impacted permanently.
Damages for pain and suffering (called “general damages”) are only one aspect of your overall claim. Since there is no accurate way to put a monetary value to your losses from pain and suffering, our courts have set a cap on the amount you can recover. For the most serious injuries, the cap is approximately $390,000 as of July 2019. Compared to American lawsuits, where there is no similar cap, this is a small award. However, there are other significant areas of compensation, including:
- Past and future loss of income or earning potential;
- Future cost of care;
- Loss of housekeeping and home maintenance capacity.
Damages under these headings have no cap and are determined through expert analysis. They can total millions of dollars, depending on the specific life circumstances of the victim. At Campisi LLP, we have extensive experience determining appropriate ranges of damages for our clients. We engage leading economists, vocational and other experts to ensure we accurately calculate our clients’ needs so that you can rest assured that you will be taken care of, now and in the future.
You might also be entitled to recover:
- Economic losses incurred by family members;
- Cost of future attendant care;
- Cost of caregiving;
- Loss of shared family income;
- Out of pocket expenses;
- and more.
Medical expenses, including rehabilitation;
- Costs of adapting/modifying homes and vehicles;
- Purchase and maintenance of prosthetics and assistive devices;
- Psychological and vocational counseling;
- and more.
We will review your case for free and take the time to ensure you understand every detail of your lawsuit. Rest assured that you won’t pay anything until your case is won or settled.
In many serious personal injury claims, it can be challenging to identify sufficient insurance coverage to fully compensate an injury victim. We have this expertise, and have provided valuable insight in presentations at legal conferences on how to access all available sources of compensation for our clients, including:
- Umbrella policies and reinsurance (e.g.: commercial landlord or tavern liability claims),
- Insurance brokers (e.g.; negligent representation to a defendant regarding coverage),
- Property owners (failure to maintain property safe for use),
- School boards (e.g.: negligent supervision)
- Municipalities (e.g: construction hazards, substandard road maintenance).
Can I file a lawsuit to claim compensation?
You can commence a lawsuit to claim compensation if your amputation was caused in whole or in part by the negligence of another party. Examples include:
- Negligent, distracted or drunk drivers;
- Failure by a municipality to maintain the roads or a public area to the required standards;
- Failure to implement proper safeguards and procedures, such as for the supervision of children, the service of alcohol and more;
- Failure by individuals or corporations to meet Occupiers’ Liability standards;
- Product failure;
If your injury involved a motor vehicle, Ontario has an Accident Benefits system that is designed to provide you with fast access to essential benefits when you are injured, regardless of who is to blame for the accident. They are often referred to as No-Fault Benefits. Under the no-fault system, each person deals directly with their own car insurance company for health care, income replacement and other benefits. Note that if you were injured on a snowmobile, ATV or other recreational vehicle, you might also be entitled to no-fault benefits.
We have achieved exceptional results for our clients against some of the world’s largest and most prominent insurance companies, law firms and corporations including: AIG, Allstate, Aviva, Chubb, Cooperators, Desjardins, Economical, Intact, Lloyd’s, Northbridge, RBC, RSA, TD, Travelers, Wawanesa and Zurich, among others. Contact us today to learn how Campisi’s experts can help you with your case.
We Win Cases That Change The Law
At Campisi LLP, you and your family are in good hands. Our Managing Partner is not only an exemplary personal injury lawyer and a past member of the Brain Injury Society of Toronto, he is a Professor of Insurance Law at one of Canada’s top law schools – the only Personal Injury Lawyer in Ontario with a Ph.D. in Insurance Law. Our lawyers have successfully represented thousands of clients with serious injuries like these, and use their extensive knowledge of the law, the medicine and the insurance system to win your case.
We Guarantee to Always Put Your Future First
You don’t pay for anything until your case is won or settled. We treat you as we would our family, making ourselves available 7 days a week to guide you through these difficult times. We are selective when taking on new clients so that you receive the attention you deserve, and the commitment to win your case.