How long do I have to file an amputation injury lawsuit in Oregon?

Two years from the date of the injury under ORS 12.110. Product liability claims follow ORS 30.905, and claims against public bodies require a tort claim notice within 180 days. For a surgical amputation after failed treatment, the deadline may run from the original injury.

How much is an amputation injury case worth?

It depends on the limb lost, the lifetime cost of prosthetics and care, lost earning capacity, and the coverage available. Because prosthetics must be replaced every few years for life, serious amputation claims routinely reach seven figures. Oregon does not cap noneconomic damages in personal injury cases.

Are prosthetic replacements covered in an injury claim?

Yes. A life care plan projects the cost of initial fitting, refits, and replacement of prosthetic devices every three to five years over the person’s life expectancy, along with revision surgeries and therapy, and those costs are part of the damages claimed.

Can I sue if I lost a limb in a workplace accident?

You cannot sue your employer if workers’ compensation applies, but you can bring a third-party claim for full damages against a machine manufacturer, subcontractor, equipment rental company, or property owner whose negligence or defective product caused the injury.

What is the difference between a traumatic and a surgical amputation?

A traumatic amputation occurs at the scene of the accident. A surgical amputation is performed later because of crush damage, loss of blood flow, or infection. Both are compensable, and a surgical amputation caused by delayed or negligent treatment may also support a medical malpractice claim.

What should I do after an amputation injury?

Focus on medical care first, then make sure the vehicle, machine, or product involved is preserved and not repaired or discarded, keep all medical and prosthetic records, and contact an amputation injury attorney early so life care and vocational experts can begin their work.

Portland Amputation Injury Attorney

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Amputation injuries can devastate the lives of many Portland residents. The loss of a limb can result in financial strain and physical hardship, making it difficult to complete daily tasks. The emotional trauma that accompanies amputation can also be hard to bear. Yet, if you sustained this type of injury due to the negligence of another person, you may be eligible for legal action—and the Portland personal injury attorneys at DuBois Law Group – PDX Injury Law can fight for your right to recovery.

Why Choose A Portland Amputation Lawyer From DuBois Law Group – PDX Injury Law?

For years, our firm has helped thousands of Oregon residents secure the compensation they deserve. We have won millions of dollars in settlements and jury verdicts on personal injury cases.
Our Portland accident attorneys prioritize direct communication from consultation to settlement. You will always be able to ask your attorney questions and raise concerns throughout the case process.
Our firm operates a separate medical department staffed by healthcare professionals. If you need a specialist or help to find treatment, our firm can connect you with resources.

What Are Some Common Causes of Amputation Injuries in Portland?

Amputation injuries occur when a limb is severed during an accident, or when a limb becomes so damaged that amputation is necessary to protect your health. These injuries can occur during many types of accidents, including the following.

Car accidents
Motorcycle accidents
Accidents involving heavy machinery
Pedestrian accidents
Bicycle accidents
Boating accidents
Construction accidents
Product liability
Explosions
Medical malpractice

If your injury was the result of a vehicle collision and a commercial vehicle, please reach out to our Portland truck accident attorneys today.

Traumatic and Surgical Amputations: How Limb Loss Happens

Amputation injuries come in two forms, and both are compensable. A traumatic amputation occurs at the scene, when a limb is severed or so badly crushed in a motorcycle, truck, or car accident, a machinery incident, or a boat propeller strike that it cannot be saved. A surgical amputation happens later, when doctors remove a limb because of a crush injury, a degloving injury, compartment syndrome, vascular damage that cuts off blood flow, or an infection that reconstruction could not control. Surgical amputations are sometimes the result of a delayed diagnosis or a failure to restore circulation in time, which can support a medical malpractice claim alongside the claim against whoever caused the original injury. Fingers, hands, and lower legs are the most common losses, and each carries its own consequences for work and daily life.

The Lifetime Cost of Losing a Limb

Limb loss is a permanent injury with a recurring price tag. A prosthetic leg with a microprocessor knee or a myoelectric arm can cost as much as a car, must be refit as the residual limb changes, and must be replaced every three to five years for the rest of the person’s life, with children requiring new prostheses far more often as they grow. Add revision surgeries, physical and occupational therapy, treatment for phantom limb pain and neuromas, skin breakdown at the socket, home and vehicle modification, and the retraining or career change many amputees face, and the lifetime cost of a single amputation routinely reaches seven figures. Our Portland amputation injury attorneys retain life care planners and prosthetists to document every one of those needs, and vocational and economic experts to calculate lost earning capacity, the same approach used across our catastrophic injury practice. Oregon no longer caps noneconomic damages in personal injury cases, so the loss of a limb, the disfigurement, and the loss of independence and enjoyment of life can be compensated in full. Our FAQ on how much is my case worth covers the framework, and where the responsible party acted recklessly, punitive damages may be available.

Workplace Amputations and Third-Party Claims

Industrial machinery, saws, presses, forklifts, and construction equipment cause a large share of Oregon amputations, and workers often assume workers’ compensation is their only recourse. It is not. Workers’ compensation pays medical bills and a portion of wages and bars a suit against your employer, but it pays nothing for pain, disfigurement, or loss of enjoyment of life. If a machine lacked a required guard or safety interlock, the manufacturer can be held strictly liable under Oregon product liability law. If a subcontractor, equipment rental company, or property owner created the hazard, a third-party claim against them recovers full damages while workers’ compensation continues. Amputations from crush injuries on unsafe property fall under premises liability. Identifying the third party early, and preserving the machine before it is repaired or scrapped, is the most important step in these cases.

How To File a Claim After an Amputation Injury?

If you suffer an amputation injury due to the negligence of another person or entity, you may have the right to file an insurance claim or lawsuit against the at-fault party. For example, if you lose a limb in a car accident caused by a drunk driver, you could file a claim with one of our Portland drunk driving accident lawyers against the at-fault driver. If the injury occurs after a surgeon accidentally performs the wrong procedure, you could file a medical malpractice lawsuit against the at-fault party.

Many amputation injuries occur in the workplace, especially in industries that operate heavy machinery. If you sustain the injury while performing your job duties, you could file a workers’ compensation claim to recover benefits, regardless of fault or negligence. If the injury occurred due to a malfunctioning or defective machine, however, you could file a lawsuit against the manufacturer, distributor, or retailer of that product with the help of a Portland product liability attorney.

What Damages Are Available to Portland Amputation Injury Victims?

In a lawsuit or insurance claim, you have the right to recover compensation for the economic and non-economic losses related to your amputation injury. Economic damages involve your financial losses, while non-economic damages encompass your intangible pain and suffering. Some of the most common damages available in amputation injury cases include the following.

Past and future medical expenses
Rehabilitation and physical therapy
Property damage sustained in the accident
Lost wages and loss of future earning capacity
Emotional distress and mental anguish
Permanent disability
Chronic pain and disfigurement
Loss of quality of life
Depression and anxiety

Your Portland personal injury attorney at DuBois Law Group can help you calculate the full extent of your damages and gather the evidence you need to prove your right to compensation.

How Long Do You Have to File an Amputation Injury Lawsuit in Oregon?

Oregon’s statute of limitations for personal injury claims, ORS 12.110, gives you two years from the date of the injury to file a lawsuit, and that deadline remains in effect as of 2026. Product liability claims against a machine or vehicle manufacturer follow ORS 30.905, and claims against a public body require a tort claim notice within 180 days. For a surgical amputation that followed weeks or months of failed treatment, the deadline may run from the original injury rather than the surgery, so do not assume the clock started later. Amputation cases also depend on prosthetic and life care experts whose work takes months, and on evidence such as the machine or vehicle involved that disappears quickly; contacting a Portland amputation injury attorney soon after the injury protects both. These injuries frequently occur alongside brain, spinal cord, and burn injuries, and the claim must account for all of them.

Contact a Portland Amputation Injury Lawyer From DuBois Law Group – PDX Injury Law

If you are the victim of an amputation injury, the Portland attorneys at DuBois Law Group can fight for your right to justice. Our amputation injury lawyers can help you recover the compensation you deserve and aid you on the path to healing. Contact us today to schedule a free case consultation and learn more about your legal options. (503) 222-4411