Building a Claim Around a Lifetime of Prosthetics
Losing a hand, an arm, a foot or a leg does not happen and then get fixed. It happens, and then it is managed for the rest of a person’s life: a first prosthetic, a better prosthetic once swelling resolves, a replacement every few years as the device wears out or the person’s body changes, and often a revision surgery when the residual limb does not heal the way it was supposed to.
If you or someone in your family lost a limb in a crash or a workplace accident in Texas, this article explains what makes an amputation claim different from an ordinary injury case, and what to do in the first weeks.
Where amputations actually happen
At least 30,000 traumatic amputations occur in the United States every year, and motor vehicle collisions are, by a wide margin, the leading cause, ahead of workplace and industrial accidents. On the road, the pattern we see most is a commercial vehicle: an 18-wheeler or delivery truck involved in a collision, or cargo and machinery on a truck that crushes or severs a limb during loading.
On a jobsite, the pattern is different but just as serious. A Public Health Watch analysis of OSHA severe injury data found more than 26,000 workplace amputations nationwide from 2015 through 2024, an average of seven a day, and Texas reported more of them than any other state, 1.6 times more than the second-highest state. Texas is also the only state in the country where private employers are not required to carry workers’ compensation insurance, which changes what a person’s first call after the accident should be.
The worker who does not make a claim
Three things tend to keep an amputee from calling anyone. The assumption that workers’ compensation, if the employer even carries it, is the only thing available. The assumption that because a supervisor told them to run the machine or handle the load that hurt them, nothing can be done. And the fear that a claim will cost them the job.
The first assumption is frequently wrong. Because Texas does not require private employers to carry workers’ compensation, whether this employer subscribes is a fact that has to be checked, not guessed, and it changes the entire path of the claim. Separately, a machine manufacturer, a general contractor, another subcontractor on the same site, or the maker of a piece of equipment that lacked a required guard, may be responsible in a way that exists alongside, or instead of, a workers’ compensation claim.
The fear of losing the job is real, and it deserves a real conversation. It is a conversation we have most often, and we have it in Spanish.
Why the number in an amputation case is not the surgery bill
In a routine injury case, past medical bills anchor the value of the claim. In an amputation case, the surgery that removed the limb is often the smallest expense a family will face. A prosthetic limb is not a one-time purchase. A well-fitted device needs replacement roughly every three to five years as it wears down or as the residual limb changes shape, and an active adult can go through several devices across a working lifetime, each running into the tens of thousands of dollars before insurance limits are considered.
The real components of the claim sit in the future: the cost of prosthetics and their replacement across the person’s expected lifespan, what they could have earned across a career in physical or manual work and what they can earn now, home and vehicle modifications, and attendant or physical therapy support during recovery and every time a new device is fitted. Answering those questions takes a life care planner, a certified prosthetist, and a vocational expert, and that work has to be done properly rather than estimated.
When the family is not all in Texas
An amputation changes what a person can earn, and for many of the families we represent, that income supported relatives outside the United States. Manuel Diaz was born in Mexico City, and the firm works across Mexico, Costa Rica, Colombia and the United States. A family abroad can be part of the case instead of hearing about it after the fact, and money that was being sent home is documented as part of the claim, not left out of it.
The deadline, and why it is shorter than it looks
Texas generally allows two years from the day a claim accrues, under Section 16.003 of the Civil Practice and Remedies Code. Inside that window, a prosthetist and treating physicians need time to determine how the residual limb is healing and what long-term fit and function will look like, and evidence has to be preserved before it disappears. In a commercial truck case that means the carrier’s electronic logging data and maintenance records, which can be purged on a routine schedule if no one asks for them in time.
What happens when you call
Three steps, and the first one costs nothing and commits you to nothing. First, a conversation about what happened and where treatment and fitting stand. Second, evidence gets preserved, the machine, the vehicle, the load, before it is repaired, sold or lost. Third, nobody puts a number on the case until a prosthetist and physician can speak to what function and fit will realistically look like over time.
What helps an amputation case, starting now
Keep every hospital, surgical and prosthetic-fitting record. Keep the receipts and paperwork for the first prosthetic device and every device after it. Track missed work and any change in job duties or pay. If a commercial vehicle or piece of equipment was involved, note the company, the vehicle or equipment identification, and anyone who witnessed it. If you were sending money to family in another country, keep those records too.
The same accident that causes an amputation sometimes also causes a severe burn or a spinal injury. If that applies to your case, our articles on burn injury claims and on spinal cord injury and paralysis claims go into how those are valued. Our page on catastrophic injuries covers how all of these severe injury cases are built and valued as a whole.
Frequently Asked Questions
What kinds of amputation cases does the firm handle?
Amputations resulting from motor vehicle and commercial truck collisions, workplace and industrial machinery accidents, and construction site incidents. Texas leads the nation in workplace amputations, and commercial vehicle crashes are a leading cause of traumatic amputation nationally.
I lost a limb at work. Is workers’ compensation my only option?
Not necessarily. Texas does not require private employers to carry workers’ compensation, so the first question is whether this employer subscribes. Beyond that, a third party, such as an equipment manufacturer, a general contractor or another subcontractor, may also be responsible, and that claim can exist alongside or instead of a comp claim.
How much is an amputation claim worth?
It depends on the limb involved, the person’s age and occupation, and the cost of prosthetics and replacement over their lifetime, among other factors. Past medical bills are usually the smallest part of the value; future prosthetic, medical and lost-earning costs are the largest.
Does immigration status affect an amputation claim?
A personal injury claim in Texas rests on someone else’s negligence and on the harm it caused. Texas courts have held that neither citizenship nor a work authorization permit is a prerequisite to recovering damages for lost earning capacity.
Do I need to speak English to be represented?
No. Manuel Diaz Law Firm handles matters in Spanish, and has since it opened.
My family is in another country. Can they still be part of the case?
Yes. The firm works across Mexico, Costa Rica, Colombia and the United States, and relatives abroad are spoken to in Spanish. Support the injured person was sending to family in another country is part of what the injury took away, and it can be documented and claimed.
Contact Our Lawyers Today
Nobody plans to spend the rest of their life budgeting for a device that will need replacing every few years, and nobody should have to figure out what that is worth alone. At Manuel Diaz Law Firm, PC, we build amputation cases around the lifetime cost of prosthetics, care and lost earning capacity, using the medical, vocational and economic evidence needed to prove it.
There is no fee unless we win your case. Please call (855) 900-3429 today for a free case evaluation with our amputation injury lawyers. Manuel Diaz Law Firm, PC serves clients throughout Texas, including Dallas, Fort Worth, San Antonio, Denton, Mesquite, and other nearby areas.
