No Win, No FeeThere is no doubt that an amputation can have a massive impact on your life. Even with modern prosthetic limbs, an amputation may restrict you physically and have psychological consequences. If your amputation resulted from someone else’s negligence, you would be well within your rights to seek damages from them for your suffering. This article on amputation compensation claims will show you how to begin your claim and we’ll also look at what you could be entitled to claim compensation for.
If you would like to discuss an amputation claim with our team right away, please get in touch on 0800 652 1345 today. Otherwise, please read on to learn more about how amputation compensation claims work.
Am I Entitled to Compensation for an Amputation?
Before we move on to look at the types of accidents that could lead to amputation injuries, let’s look at the general criteria for amputation compensation claims. Before one of our personal injury lawyers takes on a personal injury claim, they will always check whether:
- A duty of care was owed to the claimant (you) by the defendant (the party you’re suing); and
- The defendant’s negligence led to an accident; and
- An amputation occurred as a direct result of that accident.
Amputations can be traumatic i.e., a limb is amputated during the accident or surgical where a limb has to be removed surgically. Surgical amputations may be required to prevent infection of other parts of the body or where injuries are so severe, amputation is the only option.
Common Examples of Amputation Injury Claims
A variety of scenarios could lead to an amputation injury claim. Here are some common examples:
- Accidents at work: Amputations caused by unsafe machinery, inadequate training, or lack of proper safety equipment, such as in factories or building sites.
- Road traffic accidents: Limb amputations due to severe injuries sustained as a driver, passenger, pedestrian, or cyclist in a collision caused by someone else’s negligence.
- Medical negligence: Amputations resulting from delayed treatment, misdiagnosis, surgical errors, or untreated infections that could have been prevented with proper medical care.
- Public place accidents: Accidents caused by hazards like unguarded machinery, falling objects, or other unsafe conditions in public spaces that lead to injuries requiring amputation.
- Military service injuries: Amputations sustained during military service due to insufficient safety measures or improper equipment.
- Criminal assaults: Traumatic amputations caused by violent assaults or attacks.
Even if your accident is not listed, as long as your amputation was caused by someone else’s negligence, you could be compensated for the pain and suffering you’ve endured.
What Types of Amputation Injuries Can I Claim For?
Essentially, an amputation claim could be possible for any type of loss of limb caused by someone else. However, some of the more common examples include:
- Arm amputations.
- Hand amputations.
- Finger or thumb amputations.
- Partial amputations.
- Facial amputations (i.e., nose or ear)
- Leg amputations.
- Foot amputations.
- Toe amputations.
- Multiple limb amputations.
If you suffer an amputation, it can have a profound and permanent impact on your life. While some injuries might allow for a partial recovery, the loss of a limb is life-changing and requires long-term adjustments. As such, if your amputation claim is handled by one of our solicitors, they’ll work to secure the maximum compensation.
What Evidence Do I Need for a Knee Injury Compensation Claim?
Proving the circumstances of your amputation and the impact it has had on your life is crucial to a successful compensation claim. Even if liability is admitted, you will need proof to demonstrate the cause of the injury, who was at fault, and the full extent of your suffering. To support an amputation claim, you could use:
- Photographic proof: Take clear pictures of the accident scene immediately after the incident, showing the hazard or circumstances that led to your injury. For surgical amputations, photographs of the affected limb before and after surgery can also be helpful.
- Accident report forms: If the amputation resulted from a workplace or public place accident, ensure that an accident report form is completed and obtain a copy. This can prove when and where the accident occurred.
- Video footage: CCTV, dashcam, or mobile phone footage can provide valuable insight into how the incident happened and who was responsible. Request a copy as soon as possible to prevent it from being deleted.
- Medical records: After the incident, seek medical attention immediately. Your hospital or GP records will detail the treatment you received, the decision to amputate, and any complications. These records are vital for proving the extent of your injury and the impact on your health.
- Witness details: If there were any witnesses to the incident, collect their contact information. Their statements can provide impartial accounts of what happened and support your claim if liability is disputed.
- Receipts for financial losses: Keep proof of all expenses related to your amputation, such as the cost of prosthetics, rehabilitation, travel for medical appointments, or home adjustments. These costs can be included in your claim.
- Proof of loss of earnings: If the amputation has affected your ability to work, gather evidence such as payslips, tax returns, or letters from your employer to show lost income. Future loss of earnings can also be calculated and claimed.
- Diary of recovery and impact: Keep a record of how the amputation has affected your daily life. Document your pain levels, emotional distress, and any challenges you face with mobility, self-care, or returning to work. This can help demonstrate the long-term impact of your injury.
If you’ve gathered any evidence already, our advisors can review it with you and help you build a strong case for amputation compensation. Contact us today to discuss your options.
What Is the Time Limit to Make an Amputation Claim?
If you make any type of personal injury claim in the UK, a 3-year time limit will apply. This will begin from:
- The date of the accident which caused the amputation; or
- When your condition was diagnosed by a medical professional (date of knowledge).
If you’re unsure when your limitation period begins, please get in touch. Our suggestion is that you should start an amputation claim sooner rather than later to allow plenty of time for proof of negligence and medical reports to be collected.
What If My Child or Vulnerable Adult Suffered an Amputation?
If your child or a vulnerable adult has suffered an amputation injury, you can make a compensation claim on their behalf as a litigation friend. This legal role (see our page on the litigation friend process explained) allows a responsible adult to manage the claim for someone unable to represent themselves, such as children under 18 or adults who lack the mental capacity to handle the claim independently.
Once a litigation friend is approved by the court, they can instruct a solicitor to pursue the amputation claim on behalf of the injured individual. This includes gathering evidence, negotiating with the defendant, and ensuring that any compensation awarded is in the best interests of the injured party.
If you’d like more information about making an amputation claim for a child or vulnerable adult, including time limits and next steps, feel free to contact us for advice.
How Much Compensation for an Amputation Injury Can I Claim?
When claiming compensation for an amputation injury, it’s important to take into account exactly how you have been affected. General damages may be awarded to help you deal with any pain, suffering or loss of amenity whereas special damages could help with any financial implications of your injuries. If you make a successful amputation compensation claim, it could include damages to cover:
- The physical pain and suffering caused by your amputation.
- Loss of amenity because of the amputation.
- Mental trauma resulting from your injuries and disabilities including depression, stress and Post-Traumatic Stress Disorder (PTSD compensation).
- The time a friend, relative, loved one or professional carer spent supporting you with your usual activities.
- Medical costs including the cost of private remedial treatment.
- The cost of prosthetic limbs if it can be shown that a private purchase would give you a better quality of life compared to a prosthetic provided by the NHS.
- Travel costs linked to your amputation such as for treatment.
- Disability aids and modifications to your home or vehicle to help improve your quality of life.
It is important to note that you cannot ask for additional compensation after you have settled your amputation claim. For this reason, you must include everything in your initial claim. If you work with one of our solicitors, they’ll work closely with you to get a full understanding of how your amputation injury has affected your life.
Can I Claim for Loss of Earnings Due to My Amputation?
Not only could your amputation compensation claim cover any earnings you’ve lost, but it could also compensate for any future losses too. For instance, if an arm or leg amputation means you can no longer earn as much as you used to, this reduction in earnings could be factored into any settlement you’re awarded.
It is important to note that you cannot ask for additional compensation after you have settled your amputation claim. For this reason, you must include everything in your initial claim. If you work with one of our solicitors, they’ll work closely with you to get a full understanding of how your amputation injury has affected your life. They’ll then use this information to try and secure the maximum level of compensation possible for you.
Amputation Compensation Amounts
For amputation compensation claims, there are specific guidelines that outline general damages payouts. The amount of compensation awarded will depend on the type of amputation and its severity, but the current guidelines suggest:
- Amputation of both arms – £293,850 up to £366,100.
- Amputation of one arm (at the shoulder) – no less than £167,380.
- Amputation above the elbow – £133,810 up to £159,770.
- Amputation below the elbow – £117,360 up to £133,310.
- Amputation of both hands – £171,680 up to £245,900.
- Amputation of one hand by amputation at the wrist – £117,360 up to £133,810.
- Amputation of finger or thumb – £10,550 up to £66,920.
- Amputation of both legs – £293,850 up to £344,150.
- Amputation of both legs below the knee – £245,900 up to £329,620.
- Amputation of one leg below the knee – £119,570 up to £162,290.
- Amputation of one leg above the knee – £127,930 up to £167,760.
- Amputation of both feet – £206,730 up to £245,900.
- Amputation of one foot/ankle – £102,470 up to £133,810.
The above payments are referred to as general damages which are paid to compensate for pain and suffering caused as a consequence of the accident.
Will I Need a Solicitor to Claim Amputation Compensation?
While you could seek compensation for an amputation on your own, some amputation claims can be complex and time-consuming. As such, it might be better to instruct a solicitor to help you. Their legal skills and training can be a massive help when it comes to negotiating your claim and they could improve the chances that you’ll receive an appropriate level of compensation.
However, we understand that the cost of hiring a solicitor to represent you might be off-putting which is why ours offer a No Win, No Fee service for any claim they take on.
If your case is accepted, you’ll be sent a Conditional Fee Agreement (CFA). This will show you what work your solicitor will do and when you’ll need to pay them. Essentially, you won’t need to cover your solicitor’s time or efforts unless the claim is settled in your favour.
To check if you could use one of our No Win, No Fee solicitors, please call to discuss your options today.
Amputation Claims Frequently Asked Questions
What Happens If I Was Partly to Blame for My Injury?
The responsibility for some accidents can’t always be pinned on the defendant alone. In some cases, they could argue that the claimant was partially to blame for their amputation because of their own negligent actions.
In this scenario, an amputation compensation claim could still proceed on a contributory negligence basis. That means that your solicitor and the defendant’s insurers will try to work out your percentage of blame for the accident.
For instance, they might agree that you were 30% responsible for a workplace accident that led to you losing a hand. Therefore, compensation levels would be calculated in the normal way but would be reduced by 30% before the settlement was paid.
Is It Possible to Claim for Psychological Distress Related to My Amputation?
Losing a limb can be very distressing and difficult to deal with. Traumatic accidents can result in sleep disorders, anxiety and flashbacks. Knowing that you’ll never be able to function as well as you did before your accident could result in conditions like depression.
As such, this type of psychological suffering could be considered if your claim is settled in your favour. As with your physical injuries, any psychological suffering must be proven medically as part of the amputation compensation claims process.
How Will My Solicitor Determine the Extent of My Injuries?
To determine how your injuries have affected you, an independent medical assessment will be needed as part of the amputation claims process.
Your solicitor will arrange an appointment with a medical expert who’ll examine you. They’ll also review your medical notes and spend some time discussing the impact of your amputation with you. Once they have completed their assessment, a prognosis will be recorded in a report that will be filed with all parties involved in your claim.
Start an Amputation Compensation Claim Today
We hope this article has helped you to decide whether you’ll be able to claim compensation for an amputation. The easiest way to find out more about your chances of receiving a settlement is to call our advisors on 0800 652 1345 today.
When you get in touch, we’ll go through your case in detail and provide free legal advice on what you could do next. If your case appears suitable, we’ll pass it to one of our No Win, No Fee solicitors to see if they can represent you.
If you would like to know more about amputation compensation claims, please use our live chat feature or call our team today.
