Amputation and limb loss

Losing a limb changes how a person moves, works, and lives, permanently. The medical facts are usually not in dispute in these cases. The claim is about accurately projecting a lifetime of prosthetic, medical, and personal needs, and the effect on the person's work and independence.

It is general information, not legal advice, and it is not medical advice.

Traumatic and surgical amputation

A traumatic amputation happens in the incident itself. A surgical amputation is a medical decision made afterward when a limb cannot be saved — because of crush injury, loss of blood supply, infection, or unmanageable pain. Both trace back to the accident. Sometimes an initial amputation is followed by a revision to a higher level.

Level of loss

Function and prosthetic complexity depend heavily on the level:

• Lower limb: partial foot, below-knee (transtibial), above-knee (transfemoral), hip-level. Preserving the knee makes a large difference in walking.
• Upper limb: partial hand, below-elbow (transradial), above-elbow (transhumeral), shoulder-level. Preserving the elbow matters similarly.
• Multiple limbs compound the loss of function and the care needs.

Prosthetics

A prosthesis is fitted after the residual limb heals and shrinks, which takes months. Options range from basic mechanical devices to microprocessor-controlled knees and myoelectric hands. Every prosthesis requires a custom socket, periodic refitting as the limb changes, repairs, and full replacement on a recurring cycle for the rest of the person's life. Many users need more than one device — for example a walking limb and a water-resistant or activity-specific limb. Not everyone can tolerate a prosthesis, and some rely on a wheelchair or other mobility aids instead.

Other lasting effects

• Phantom limb pain and residual limb pain.
• Skin breakdown and infection at the socket interface.
• Overuse injuries in the remaining limbs and the back.
• Revision surgeries — neuroma removal, bone spurs, further shortening.
• Higher energy cost of walking, and fatigue.
• Depression, anxiety, and adjustment to a changed body — see psychological injuries.

Documenting the claim

The center of the case is a life-care plan built with the treating physicians and a prosthetist: every device, refitting, repair, and replacement across the person's life expectancy, plus surgery, therapy, medication, supplies, home and vehicle modification, and personal assistance. An economist then addresses the cost of that care and any lost earning capacity.

Sources: CACI No. 3903A (past and future medical expenses) and CACI No. 3903D (lost earning capacity); CACI No. 3906 (given alongside it — jurors must not use race, ethnicity, or gender as a basis for reducing lost earnings or lost earning capacity); CACI No. 3905A (physical pain, disfigurement, and mental suffering). CACI citations are to the Judicial Council of California Civil Jury Instructions (2026 edition).

Which accidents cause limb loss

Truck accidents, motorcycle accidents, car accidents, pedestrian accidents, and machinery and property hazards.

Common questions

Is the level of amputation important to the claim?

Yes. A higher-level amputation — above the knee rather than below, above the elbow rather than below — generally means more lost function, a more complex and costly prosthesis, and greater energy cost to use it.

How often does a prosthesis need to be replaced?

Prostheses wear out and are typically replaced on a multi-year cycle for life, more often for children who are growing and for very active users. Sockets need refitting as the residual limb changes. This recurring cost is central to the claim.

What is phantom limb pain?

Pain or other sensation that feels like it is coming from the missing part of the limb. It is common after amputation, can be long-lasting, and is treated with medication, therapy, and other approaches.

Why is a life-care plan needed?

Because the losses run for decades — prostheses and repairs, residual limb care, revision surgery, physical and occupational therapy, home and vehicle adaptation, and often reduced earning capacity. A life-care plan projects all of it.