How Prosthetic Costs Impact Settlement Value in Amputation Cases
Losing a limb or requiring prosthetic assistance after an accident is life-changing in every way possible. The physical, emotional, and financial toll is overwhelming, especially the financial burden of prosthetic devices, as they can cost tens of thousands to hundreds of thousands of dollars.
Many amputees face a daunting, long road to rebuilding their lives, which encompasses surgeries, rehabilitation, continuous medical care, and the ongoing cost of maintaining or replacing devices. Expenses can add up quickly and last for a lifetime, so they play a crucial role in evaluating the value of a claim.
People in California who are interested in pursuing an amputation-related personal injury claim should understand how prosthetic costs impact settlement value in these cases. Amputation cases are built around the work of prosthetists, life care planners, and medical experts as they detail the injured’s current and future quality of life considerations. To secure the compensation an amputee needs, it’s vital to document and present their new reality thoroughly.
This overview looks at the costs of prosthetics, how they affect settlements, the roles of experts and life care planners, the importance of technology, and the assistance that California traumatic amputation lawyers can offer.
Cost of prosthetic devices after an amputation
A lot of people don’t realize how much prosthetic devices, high-tech or not, can cost. There are several types of devices, ranging from cosmetic limbs to myoelectric devices, that respond to muscle movement. Not only is the initial device cost pricey, but it also comes with a lifelong financial commitment.
Long-Term Costs Beyond the Initial Device
Beyond the prosthetic’s initial fitting and customization, related costs include, but are not limited to:
- Rehabilitation
- Accessories such as liners, sockets, and suspension parts
- Adjustments caused by natural fluctuations of the body
- Maintenance
- Repairs
- Replacement every few years, as needed
With so many elements to think about, it’s clear that prosthetics are more than just a one-time expense. To better understand the financial magnitude of these devices, we’ll review real-world examples.
Scope of prosthetic pricing
The Amputee Coalition says that the average price of prosthetic devices varies significantly. Pricing is based on the function of the limb or body part, as well as the device’s level of complexity and customization. Consider that typical prosthetics may cost between $30,000 and $100,000. Be mindful that the figures can far exceed the average initial device cost. It’s possible for the lifetime expenses to add up to over $1 million.
How do prosthetic costs factor into settlements?
In personal injury cases, prosthetic expenses are classified as economic damages. Such damages, often hard to estimate, are intended to cover verifiable financial losses and monetary costs:
- Medical needs: hospitalization; surgery; prosthetic initial fitting, maintenance, replacement, repair, adjustments; therapy; rehabilitation
- Loss of income: reduced work hours or complete inability to continue working
- Home and vehicle modifications: widened doorways, ramps, lifts, steering aids
These prosthetic and prosthetic-related expenses are used to build a compelling case. An estimate of a claim is best determined by a traumatic amputation lawyer to help ensure the costs are appropriately incorporated in your claim. Amputation injury cases are complex in nature, so it should be no surprise that estimating claims is difficult. Fortunately, an attorney can help figure out how an amputation may affect your life in the long run.
The role of life care planners and other expert testimony
Attorneys collaborate with expert healthcare professionals to get an accurate estimate of the lifetime cost of a prosthetic device, associated care, and overall financial impact. These experts are well-equipped to determine the victim’s needs, predict future expenses, and provide necessary documentation.
Life care planners
A life care planner is responsible for developing a long-term medical and financial roadmap tailored to a client who has sustained a serious injury followed by an amputation. This detailed outlook can highlight information like:
- Expected length of time the prosthetic will last, and when it will need to be maintained or repaired
- Anticipated technology upgrades
- Possible health complications
- Rehabilitation, training, and therapy
Projections made by life care planners are founded on medical records, discussions with the client, and consultations with their doctors and caregivers. Care plans are commonly used to back claims for predictable future damages.
Prosthetics experts and medical specialists
Prothetists, physicians, and rehabilitation doctors are just some medical and healthcare professionals often called to testify as expert witnesses in court. These experts are able to provide commentary on:
- A practical and appropriate prosthetic device based on various aspects, such as age, activity level, and profession
- Costs of maintaining and repairing prosthetics
- The need for advanced prosthetics or specialized devices
Besides life care plans, traumatic amputation lawyers use testimonies of prosthetics experts and medical specialists to make a stronger case for higher compensation in an effort to meet the client’s short- and long-term needs.
How do technological advancements affect injury settlements?
Amputees who’ve suffered grave injuries likely have a far better quality of life with advanced prosthetics. However, these modern devices, namely myoelectric arms, bionic knees, and computer-controlled feet, come at a price. A price heftier than traditional models, as these prosthetics typically require more servicing and closer oversight.
A fair and equitable personal injury settlement must reflect the cost of living with these devices now and for years to come.
Example: Myoelectric arm prosthesis
Body-powered, conventional prosthetic arms use cables or harnesses that a user operates with their shoulders to open or close a hook or a hand. Myoelectric prosthetic arms, on the other hand, rely on electrical signals sent from the muscle to control the movement of a motorized hand. This superior functionality allows users to perform sophisticated motor tasks. However, these features come at costs of up to $100,000, and potentially more.
In any claim for damages, traumatic amputation lawyers must always be able to justify expenses. The need for justification is especially true when it comes to advanced prosthetics. These attorneys must show that not only are these expenses medically necessary, but they’re also necessary to restore independence and function.
Why is legal representation essential in amputation cases?
People who have been critically hurt may unknowingly accept inadequate settlements if they don’t have legal counsel, particularly a traumatic amputation lawyer. These settlements may fail to account for the severity of the situation, the physical and emotional toll, future prosthetic care, or necessary medical technology.
Whether your injury was caused by a car crash, workplace accident, faulty product, or something else, all aspects of your recovery must be addressed. Depending on your situation, the recuperation process may include advanced prosthetic devices, which should be factored into your claim. Seeking legal representation can help ensure you’re sufficiently compensated for your losses.
Talk to a traumatic amputation lawyer about your case
If you or a loved one experienced an amputation because of a life-altering event, you may be able to receive compensation for medical care and prosthetics in addition to long-term medical and financial support.
Our lawyers at McNicholas & McNicholas work with people throughout California to get the help they need to recover, adapt, and move forward with their lives.
Please contact us today to set up a consultation and find out how we can assist you.
For more than three decades, McNicholas & McNicholas has built a reputation as one of California’s leading law firms, handling a wide range of cases including personal injury and employment law matters. Founded by a family of attorneys spanning three generations, John McNicholas and sons, Patrick and Matthew, have tried hundreds of cases to jury verdict on behalf of clients. Learn more about McNicholas & McNicholas.