Is a Prosthetic Property Damage or Personal Injury?

The law is constantly changing and evolving, and it never seems to be short of interesting challenges to the way things currently are. As technology has caused us to become reliant on devices that help us go about our lives, we’ve had to reexamine the differences between personal injury and property damage.

However, the legal system has started to make it clear that a small gadget isn’t necessarily more important just because it is loved, expensive, and useful. On the other hand, some items meet those requirements, but in a much more extreme way than smartphones or tablets.

In this case, I’m specifically talking about prosthetic limbs. New advances have skyrocketed what they can do compared to the capabilities of the past, but does that change how they’re viewed in the eyes of the law?

Sensitive Topic

First and foremost, it should be mentioned that this can be a very sensitive topic for someone living with prosthetics. For anyone who hasn’t experienced this, it may seem like a relatively minor issue, but that’s simply not the case.

Even though it only involves a small percentage of the population, it’s an extremely important issue that we, as a society, cannot afford to ignore.

Is a Prosthetic Property Damage or Personal Injury

Prosthetics Are Advancing Rapidly

This has become an issue recently because of advances in technology. It wasn’t so long ago that prosthetic limbs were fairly simple, but they are already capable of doing things that weren’t even in the imagination of many just a few years ago. Advances in 3D printing and other technologies make them able to be manufactured in any shape necessary, robotics are able to move highly functional limbs, and there are even medical procedures that can redirect nerves in a way that allow patients to control prosthetics with their minds. The field is making great steps toward helping people with prosthetics eliminate the unnecessary challenges in their lives.

Why We Face This Legal Issue Today

Our modern advances in technology have made prosthetic limbs more than just a piece of equipment to those who have them. Since wearers can really become connected to them and feel like they’re a true part of their body, they develop psychological attachments to a level we didn’t see in the past.

Many other accessories may seem like they’re always nearby, but a prosthetic limb can be viewed as literally always being there from a psychological point of view. It can potentially grow to the point where the body can’t tell the difference between a natural limb and one which is prosthetic.

What is Property Damage?

Property damage can take many different forms and definitions, so you should always consult an attorney to get expert advice. However, property damage is generally when one person damages the property of another, and it can happen if they did it willfully, were negligent, or various other situations.

What is Personal Injury

What is Personal Injury?

Again, personal injury can be different depending on the situation, so seek the advice of a legal expert before determining your case. However, it generally is any situation where a person receives an injury because of the actions of another.

Property Damage vs. Assault

To give an example of how property damage and personal injury can be similar, but still two separate things, imagine a situation in which someone gets their leg broken as a result of the actions of another individual. If this is a natural leg, it’s possible that the law could view it as assault, or something similar. This is a serious crime that usually includes quite severe penalties, and these risks change the way people act when endangering others.

On the other hand, if it’s a prosthetic leg, it could be simply viewed as property damage. This is generally a far less serious offense, so the penalties for it are not as harsh. Again, this has potential to influence the safety of people with prosthetics when put into risky situations.

What You Can Do

If you have a prosthetic limb, the most important thing you can do is be aware of the possibilities in your legal situation. Know that if you are injured and you don’t try to treat as personal injury, it’s unlikely that the other party will. It’s extremely wise to get legal assistance from an attorney who is knowledgeable in this area and will be sensitive to your needs. Any benefits you will receive, monetary or otherwise, will depend on handling your case the correct way.

Personal Injury Attorney Makes the Difference

The law is often a complicated challenge of trying to mix ethical issues with overall fairness towards society. However, sometimes it requires you to have someone on your side who understands your personal challenges and can help you fight for what you deserve. If you have a prosthetic limb and are concerned that it’s only being treated as a piece of property, then please reach out to me.

You already have a personal injury attorney who would like to help.

 

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