Texas Amputation Injury? Fight for Full Compensation
If you or a loved one suffered an amputation injury in Texas, you may be entitled to compensation for medical care, prosthetics, lost income, and pain and suffering. Learn how liability is proven, what damages may be available, how insurance and workers’ compensation interact, and why acting promptly matters.
Contact us for a free, confidential case evaluation.
Why amputation cases are different
Traumatic limb loss is a life-altering injury that often requires emergency surgery, multiple hospitalizations, revision procedures, advanced prosthetics, and long-term rehabilitation. Beyond the medical needs, amputation injuries can impact mobility, independence, career paths, and mental health. Texas law allows injured people to pursue compensation from those whose negligence or wrongful conduct caused the harm.
Common causes in Texas
- Industrial and oilfield incidents involving unguarded machinery or lockout/tagout failures
- Commercial vehicle and passenger car crashes
- Defective products and power tools
- Premises hazards such as unsafe escalators or doors
- Medical negligence leading to delayed treatment or untreated infection
- Workplace crush or degloving injuries
Proving fault and liability
To recover from a negligent party in Texas, you generally must show duty, breach, causation, and damages. Evidence can include incident reports, vehicle data, maintenance and safety records, OSHA findings, product design files, photos and video, eyewitness statements, and expert testimony from reconstructionists, biomedical engineers, and life-care planners.
Texas uses proportionate responsibility: your compensation may be reduced by your percentage of fault, and recovery is barred if you are greater than 50% at fault. See Texas Civil Practice & Remedies Code, Chapter 33.
Damages that may be available
- Medical expenses: emergency care, hospitalizations, surgeries, medications, therapy, and psychological counseling
- Prosthetics and assistive technology: initial fitting, replacement sockets and liners, maintenance, and future upgrades
- Home and vehicle modifications: ramps, lifts, accessible bathrooms, and adaptive driving equipment
- Lost income and loss of earning capacity
- Pain, suffering, mental anguish, physical impairment, and disfigurement
- Loss of consortium and household services in appropriate cases
- Wrongful death damages for eligible family members under Texas law
Workers’ compensation and third-party claims
In Texas, workers’ compensation benefits are available only if your employer is a subscriber to the system. For covered employees, medical and income benefits are generally provided regardless of fault, and the exclusive-remedy rule typically bars negligence lawsuits against a subscribing employer. See Texas Labor Code, Chapter 408. Texas also allows non-subscriber employers; injured workers may pursue negligence claims against non-subscribers, and certain common-law defenses are limited. See Texas Labor Code, Chapter 406.
If a third party (such as a negligent driver, equipment manufacturer, or outside contractor) contributed to the injury, you may also pursue a separate liability claim against that party. Coordination is important to address subrogation and protect your net recovery.
Product defects and recalls
Amputations can result from defective machinery, guards, or consumer products. Product liability claims in Texas may be based on design defect, manufacturing defect, or inadequate warnings. Early preservation of the product and associated components is critical. Do not repair, discard, or return a suspected defective product without legal guidance.
Insurance considerations
High-severity injuries often trigger multiple coverage layers: auto liability, commercial general liability, excess/umbrella policies, employer policies, and product liability coverage. Early claims handling should identify all potentially responsible parties, policy limits, and notice requirements, and should avoid recorded statements that can be used to minimize your claim.
The importance of acting promptly
Deadlines for filing claims and lawsuits, as well as notice requirements, can apply under Texas law and may vary based on the facts, the parties involved, and the type of claim. Claims against governmental entities often require written notice within six months, and some local charters impose shorter deadlines. See Texas Tort Claims Act (Chapter 101). Because evidence can be lost quickly and time limits can be unforgiving, consult an attorney as soon as possible to protect your rights.
Practical tips to strengthen your claim
- Ask treating providers to clearly document mechanism of injury, functional limitations, and prosthetic needs.
- Preserve physical evidence and request that potentially liable parties preserve theirs via written spoliation notices.
- Track all out-of-pocket expenses and time missed from work in a single file.
- Consider a journal documenting pain levels, mobility, and prosthetic issues.
- Speak with counsel before independent medical exams or recorded statements.
What to do after an amputation injury
- Get immediate medical care and follow all treatment plans
- Photograph the scene, injuries, and any equipment involved
- Preserve vehicles, machinery, tools, and protective equipment
- Obtain names and contact information for witnesses
- Keep all medical bills, mileage, prosthetic receipts, and time-off records
- Avoid social media posts about the incident or injuries
- Speak with a lawyer before giving recorded statements or signing releases
How we build your case
Our team coordinates with trauma surgeons, prosthetists, vocational experts, economists, and life-care planners to document current and future needs. We analyze liability, identify all insurance, and prepare a comprehensive damages model that accounts for replacement prosthetics, component wear, and technology updates over time. We negotiate firmly and are prepared to try the case when necessary.
FAQ
How long do I have to file an amputation injury lawsuit in Texas?
Many personal injury claims have a two-year limitations period, but exceptions and notice rules can shorten timelines. Consult an attorney promptly.
Can I recover if I was partly at fault?
Yes, unless you are more than 50% at fault. Your damages may be reduced by your percentage of responsibility.
What if my employer is a non-subscriber?
You may bring a negligence claim against a non-subscribing employer, and some defenses available to subscribers are limited by Texas law.
Who pays for prosthetics and future replacements?
These may be claimed as economic damages, including maintenance, replacements, and technology upgrades reasonably certain to be needed.
Ready to talk?
If you or a loved one suffered an amputation injury in Texas, contact us for a free, confidential case evaluation. We can advise you on preserving evidence, dealing with insurers, and pursuing full compensation under Texas law.
Sources
- Texas Civil Practice & Remedies Code, Chapter 33 (Proportionate Responsibility)
- Texas Labor Code, Chapter 408 (Workers’ Compensation Benefits)
- Texas Labor Code, Chapter 406 (Coverage; Non-Subscribers)
- Texas Civil Practice & Remedies Code, Chapter 101 (Texas Tort Claims Act)
This blog post is for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Legal outcomes and deadlines depend on specific facts and current Texas law. Consult a licensed Texas attorney about your situation.