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Can Phantom Pain After an Amputation Be Compensated?

  • Losing a limb can be devastating. It will impact a victim’s everyday life. The ability to move freely and engage in normal activities can be greatly restricted by the loss of a limb, making an amputation both physically disabling and emotionally and mentally traumatizing. In addition, after an amputation, many people suffer phantom pains that can be terrible to live with.

    In this scenario, accident victims often wonder if they can receive compensation for those pains.


    It Is Possible

    When working with an attorney, an accident victim can file a lawsuit against the party who caused them harm. This lawsuit can seek compensation to pay for all the ways that a victim has been impacted by the accident. Naturally, losing a limb is going to lead to an attorney requesting compensation to pay for things like medical bills, lost wages, and caregivers, but also to seek money for pain and suffering.

    Phantom pains are likely to be compensated under pain and suffering because they would not necessarily be related to any direct or tangible expenses. While a phantom pain cannot be quantified, it can have a significant impact on a person's life, nonetheless.

    It is up to an injury attorney to gather evidence to prove that these pains do exist and that they have an impact on a victim's life. Usually, this involves working with a physician and a psychiatrist.


    Placing a Value on Phantom Pain

    The challenge then becomes placing a value on the pain that a victim is experiencing.

    If you are in this situation, an attorney will need to understand how having phantom pain is negatively influencing your life. For example, do these pains make it difficult to get out of bed, sit in a wheelchair, play with your children, or leave the house?

    Understanding the negative impact these pains are having will help an attorney determine how much money to ask for during settlement negotiations or at trial.


    A Settlement May Be Possible

    Sometimes, the insurance company will make a fair settlement offer and might even agree to compensate an amputee’s pain and suffering. However, this is unlikely.

    To receive compensation for phantom pain, it will be necessary to hire an attorney to file a lawsuit and represent you in court. There, an attorney can present information and evidence that will allow a jury to determine who was at fault for the accident and the impact it has had on your life. Afterward, the jury will determine how much the injury claim is worth.


    Personal Injury Attorney in Milwaukee

    Phantom pain due to an amputation makes for a complicated case and one where you should not be representing yourself.

    Working with an experienced personal injury attorney will be the best way to receive compensation. To speak with the Law Offices of Gary S. Greenberg, call 414-271-7007 or click here.