If you have suffered the traumatic amputation of a limb or other body part in an accident at work, on the road or in a public place you could claim compensation. In our guide to amputation compensation claims we look at everything you need to know about the claims process.
Key Takeaways In Amputation Compensation Claims
- The loss of a body part is a life-changing and serious injury.
- You may be compensated for your pain and suffering as well as costs such as medical expenses and loss of earnings.
- To make an amputation claim you must meet the eligibility criteria.
- In most cases you have three years to begin your claim.
- One of our specialist amputation lawyers could help you on a No Win No Fee basis.
You could get a free assessment of your case by getting in contact with our team.
- Call us now on 0800 073 8804.
- Discuss your case with an advisor using our live chat.
- Click here to claim online.
Browse Our Guide
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- How Much Compensation Can You Get For Loss Of Limb?
- What About The Immediate Financial Effects?
- Claiming For Amputated Limbs
- Why Might An Amputation Be Necessary?
- Making An Amputation Compensation Claim For Someone Else
- Do I Need To Work With An Amputation Solicitor Near Me?
- No Win No Fee Amputation Compensation Claims
- Learn More
How Much Compensation Can You Get For Loss Of Limb?
How much compensation you could get for the loss of a limb or other body part will depend on several factors. These may include:
- The affected body part.
- The degree of limb loss (or otherwise degree of severity).
- What the overall impact this injury has had on you.
If your amputation injury claim is successful you may be awarded compensation made up of general damages and special damages. General damages value your pain and suffering, taking account of the harm you suffered and any long-term results of this, such as a disability.
Solicitors may look at your medical records and the Judicial College Guidelines (JCG) to help work out what you may be owed for your injury. The JCG includes guideline figures showing what could be awarded for different types of injury.
With the exception of the first entry, those in the following list have been taken from the JCG.
| Amputation Injury | Severity | Damages |
|---|---|---|
| Multiple injuries | Serious or severe injury | Up to £1,000,000+ with special damages. |
| Arm amputation | A - Loss of both arms | £293,850 to £366,100 |
| Arm amputation | B - Loss of one arm - at the shoulder (i) | Not less than £167,380 |
| Arm amputation | B - Loss of one arm - above the elbow (ii) | £133,810 to £159,770 |
| Arm amputation | B - Loss of one arm - below elbow | £117,360 to £133,810 |
| Leg amputation | A - Loss of both legs | £293,850 to £344,150 |
| Leg amputation | B - Below the knee amputation | £245,900 to £329,620 |
| Hand amputation | A - Total/ effective loss - both hands | £171,680 to £245,900 |
| Hand amputation | B - Total/ effective loss - one hand | £117,360 to £133,810 |
| Hand injury | D - Amputation of the index and middle or ring finger | £75,550 to £110,750 |
What Are Special Damages?
Suffering the loss of a limb can have a devastating impact not just on someone’s overall health and welfare, but on their wider life in general. Depending on the nature of the accident and your work and lifestyle prior to it, the loss of a limb could mean that you are no longer able to work, or no longer able to do so in the way you did before.
You could be compensated for,
- Lost income and earnings.
- Medical costs.
- Domestic care, such as help with childcare or self-care.
- Adaptations to the home, such as adding a wheelchair ramp.
- Physiotherapy costs.
You must be able to prove these financial losses and may submit bank statements, payslips or similar documents with your claim.
Every personal injury claim settlement is unique to that claimant and their injury. As we have seen, different factors can impact the overall amount of compensation which may be awarded. One of our specialist amputation solicitors could assess your case and help to ensure you claim for any damages owed.
Our solicitors have the knowledge and experience to ensure that your claim takes account of any potential factors when calculating your claim. Contact us to find out how they could help you.
What About The Immediate Financial Effects?
As explored in the previous section, suffering the loss of a limb or other body part could leave you with serious and debilitating injuries. You may be left disabled and facing immediate financial losses and effects.
These effects could range from losing income to getting medical treatment from the private sector, instead of waiting for NHS treatment. You may also need to start longer-term treatments such as physiotherapy or even counselling to deal with the impact of your injury.
Whilst making an amputation compensation claim may seem far from your mind at this point, doing so could help you to meet these immediate financial effects.
Interim Payments
In light of the fact that in some circumstances claimants may face immediate financial costs, in some cases they may be able to seek what is called an interim payment.
Interim payments are a payment which is made in advance of receiving your settlement. The interim payment is deducted from the final settlement you receive as you are getting a potion of your compensation early on. .
It may be possible to secure an interim payment if the other party (the defendant) had admitted their liability for your injury and if you can show a clear reason for needing the compensation immediately, such as to pay medical costs.
Our team are experts at handling amputation compensation claims and could help you to secure an interim payment.
Claiming For Amputated Limbs
To make any type of compensation claim you must show that you meet the relevant eligibility criteria. In general claimants must be able to show that:
- They were owed a duty of care by a third party.
- This party breached their duty of care.
- The breach caused the resulting limb loss.
Different legislation may be used to show that another party owed you a duty of care depending on the type of accident in which you were injured.
- Road traffic accidents – every road user must use the roads in a manner that prevents causing harm to themselves and others. In order to meet this duty of care they must adhere to rules and regulations as set out in the Highway Code and with legislation such as the Road Traffic Act 1988.
- Workplace accidents – employers are obligated under The Health and Safety at Work etc Act. 1974 to take steps which are practical and reasonable to make sure employees are safe in the workplace.
- Public liability accidents – when you are in a public place, such as a library or shopping centre, those in control of this space must take reasonable steps to ensure your safety. Their duty of care is outlined in The Occupiers’ Liability Act 1957.
You could be owed compensation for the loss of a limb if you can show that another party failed to uphold their duty or care to you. Please contact us to learn more about amputation compensation claims.
Why Might An Amputation Be Necessary?
Different types of accidents could cause either traumatic amputations (such as the loss of a body part in the accident) or cause such serious injuries that an amputation is necessary. Below we look at examples of accidents which could result in an amputation being necessary.
- At work, a construction worker using heavy machinery may not have been given the correct training nor personal perspective equipment. This may lead to the worker getting their hand caught in the machinery. This could cause extensive damage to the hand and require it to be amputated.
- On the road, a motorcyclist may be struck by a car pulling out in front of them. The driver had not checked their mirrors or signaled before doing so. The motorcyclist could be directly struck by the car and thrown off their bike. The resulting damage to their leg may have required a below the knee amputation.
- In a public place a person may slip on a poorly maintained floor at the top of a large staircase. They may fall down the staircase and suffer extensive crush injuries to their fingers necessitating the amputation of several.
These are just a few examples of when and how someone could sustain a serious injury requiring an amputation.
Our dedicated and specialist amputation lawyers are ready to provide further help and advice.
Making An Amputation Compensation Claim For Someone Else
In certain circumstances you may be able to make an amputation compensation claim for someone else. This may include where a child or a loved one who you care for has suffered limb loss as a result of an accident which was not their fault. Whilst they may be owed compensation, they may be unable to act on their own behalf in a legal claim.
Where the person harmed lacks the mental capacity to make a claim you could make an amputation injury claim on their behalf. To take legal action on behalf of someone else, you must be appointed to act as a litigation friend. A litigation friend is an adult who is appointed by the court to act on behalf of someone else.
They must be appointed and authorised by the courts and should represent the interests of the person harmed during the claims process.
Claiming For Those Under The Age Of Eighteen
Where the person harmed is under the age of eighteen at the time of their accident, they will be unable to make a claim themselves. Instead, a suitable adult, such as a parent, guardian or even a solicitor, may be appointed to act as a litigation friend for them.
The litigation friend may initiate a claim at any point before the person harmed turns eighteen. If no claim has been made prior to the claimant reaching this age, they may claim on their own behalf.
Please contact our team for further information on how to claim on behalf of somebody else.
Do I Need To Work With An Amputation Solicitor Near Me?
Whilst in the past you may have needed to visit a personal injury solicitor in person to discuss your case, complete paperwork and ask questions, this is no longer the case. Today you could work with a solicitor based anywhere in the country. This is because even where claimants have suffered serious and life-changing injuries, they may not need to visit their solicitor in person. Instead, your solicitor can start work and keep you up to date on how your claim is progressing using a plethora of different communication channels, such as by phone, email and through the post.
More important than where a solicitor may be based is their experience in handling claims similar to your own. In this case amputation injury cases. Instead of looking at where they are based, consider,
- Whether the amputation claims solicitor has handled a case similar to your own.
- Did they win the case for their client?
- Can they bring expert knowledge to your claim?
Our personal injury team could help you to claim compensation no matter where you are based in the UK. What’s more, if they need to organise for you to undergo a medical exam, they could organise for this to be in an area convenient for you.
Find out how we could help you make an amputation claim.
No Win No Fee Amputation Compensation Claims
At Legal Expert we appreciate that one of the main concerns people have over taking legal action is the prospect of having to pay legal fees to do so. This is why we are able to help many people under a No Win No Fee agreement. This allows a solicitor to provide their services without the need for any payments in advance for their work. To do so, they could offer you a Conditional Fee Agreement (CFA).
What Is A Conditional Fee Agreement?
A CFA is a type of agreement between a claimant and a solicitor, such as an amputation claims solicitor.
The benefits of using a CFA include:
- No upfront solicitors fees for their work.
- No solicitors fees whilst the claim is underway.
- Not having to pay for the solicitor’s work if the claim is not successful.
- Paying a small, set percentage of your settlement as a fee if successful.
The percentage you may pay if successfully awarded compensation is limited in law. It is also agreed upfront, so there are no nasty surprises.
Get in touch today to learn more about amputation compensation claims.
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- Call us now on 0800 073 8804.
- Click on our live chat to discuss your case.
- Start a claim online here.
Learn More
Here you can learn more about related claims as well as find further helpful resources.
- In this guide we take an in-depth look at serious injury claims you may be able to make.
- Here you can learn more about getting help following life-altering and life-changing injuries.
- You can find out more about the personal injury claims process in this guide.
References:
- Get information from the NHS on amputations in this guide.
- Find out more about amputations and driving in this government resource.
- Get advice on first aid in this resource from St Johns Ambulance.
Thank you for reading our guide on everything you need to know about amputation compensation claims. Contact us for further advice.
