Amputation Compensation Claims Guide

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A Guide To Amputation Compensation Claims

By Cat Way. Last Updated July 8th 2024. Losing a limb is a painful and life-changing event, especially if it happens because of an accident that was not your fault. This guide gives a comprehensive overview of amputation compensation claims and how you can seek compensation for injuries suffered on the road, at work or in public.

By reading our guide, you will get valuable information on how to prove that your claim is eligible and what evidence will help your case. We also explain how amputation compensation can address different effects of an injury.

Finally, learn how our expert amputation claim solicitors help claimants get the compensation they deserve on a No Win No Fee basis.

We offer free and helpful advice through our consultation service. You can also speak to us for a claim assessment to learn if a solicitor could help you make a personal injury claim. Choose any of these options to benefit from this quick and confidential support:

Someone with a prosthetic leg walking down the street.

Select A Section

  1. Amputation Compensation Claims Explained
  2. What Types Of Accidents Lead To Amputation Injuries?
  3. What Do You Need To Prove A Serious Injury Claim For An Amputation?
  4. Examples Of Payouts For Amputation Compensation Claims
  5. Amputation Injury Claims With No Win No Fee Solicitors

Amputation Compensation Claims Explained

To claim amputation compensation, you need to be able to prove that negligence occurred. In personal injury law, negligence occurs when:

  • You are owed a duty of care.
  • This duty is breached.
  • You are injured as a result.

A duty of care is a legal responsibility for someone else’s health and safety. We’ll explore more about when you could be owed a duty of care and by who in the next section.

A breached duty of care alone is not enough to make an amputation compensation claim; you also need to prove that this breach directly contributed to your amputation injuries.

Time Limits For Amputation Compensation Claims

Generally, you’ll have three years from the date of your accident to start your amputation claim. This is outlined by the Limitation Act 1980, which also outlines some of the exceptions to this rule.

Get in touch with our team today to learn more about these exceptions and to find out whether you could be entitled to make a claim.

What Types Of Accidents Lead To Amputation Injuries?

Below, we have outlined the legislation that governs the duty of care owed in different circumstances. You will also see some examples of how breaches of these duties can cause road traffic accidents, accidents at work and in public places that lead to amputation injuries. 

Road Traffic Accidents And Amputations

Road users (including motorbike riders, cyclists, pedestrians and vehicle drivers) owe a collective duty of care to one another. This duty requires those using the roads to navigate in a safe manner to prevent themselves and others from coming to harm or damage. They can uphold this duty through adherence of the rules set out by the Road Traffic Act 1988 and Highway Code

An example of how a road user could fail to uphold this duty and cause an accident could include:

  • The driver of a car attempts an overtake of another vehicle on a blind corner. As such, they crash head on with an oncoming vehicle causing the other drive to sustain a traumatic arm amputation.

Work Accidents Causing Amputations

The duty of care imposed on employers is set out by the Health and Safety at Work etc. Act 1974. All employers are required to take reasonable steps to ensure their employees are safe at work. Examples of how this duty can be upheld can include providing the correct and necessary personal protective equipment and ensuring employees are trained adequately to carry out their work-related duties.

A scenario where an employer failed to uphold their duty, leading to a workplace accident and causing an amputation injury, could include:

  • An employer failed to maintain their machinery to a safe standard. Consequently, the machinery fails and causes an employee to sustain a severely crushed hand injury leading to amputation.

Public Liability Claims For Amputations

The parties in control of public places, referred to as occupiers, must take steps to ensure the reasonable safety of all visitors to their premises. This duty of care is established in the Occupiers’ Liability Act 1957. Public places can include shopping centres, cafes, and museums. 

An example of an occupier failing to ensure the reasonable safety of a visitor, resulting in an amputation injury could include:

  • There had been a failure to carry out the proper maintenance work in a museum, despite reports from other visitors that a railing was coming loose. As a result, a visitor to a museum fell from a balcony when the railing came free from its mountings, suffering serious leg fractures in the fall. They subsequently underwent a below-knee amputation of their left leg. 

Call an advisor to discuss your specific case and the circumstances surrounding your accident and injury. They can provide more guidance on amputation compensation claims, and assess whether you’re eligible to proceed with your case.

What Do You Need To Prove A Serious Injury Claim For An Amputation?

Evidence can help support personal injury claims. It can be used to show that an accident occurred because a third party breached their duty of care and this caused your injuries. We have compiled a non-exhaustive list of evidence you could collect here:

  • Witness contact details: Witness statements can be very useful in providing accounts of how an accident happened. Take down any potential witnesses’ contact details so they can provide their statements during the claims process.
  • Medical records: Getting proper medical attention after an accident is always recommended. This is not only important for your health, but you can subsequently use copies of your medical records as evidence. 
  • Video footage: You could request copies of CCTV footage you appear in. You can also acquire copies of footage from dashcams or similar devices following a road traffic accident.

There may also be other types of evidence. For example, if you suffered an amputation in a road traffic accident, you can request the police report, or if your injury occurred at work, you can request a copy of the accident book.

Talk to our advisors today to get support with the collecting of evidence. After an assessment of your circumstances, you could get assistance from one of our solicitors who has experience with amputation compensation claims, if it is decided you have a valid case. Use the contact information above to get an assessment today. 

Examples Of Payouts For Amputation Compensation Claims

Successful amputation compensation claims are awarded with a payout made up of two different heads of claim, general damages and special damages.

General damages are awarded for the physical and psychological impacts of your injuries. In order to calculate the potential value of your injuries, a solicitor can use the Judicial College Guidelines (JCG) along with your medical evidence.

The JCG publication contains guideline award brackets for various injuries, some of which have been used to create the table below. It is important to emphasise that the JCG figures are not guaranteed payouts. Personal injury claims are calculated case-by-case; therefore, we have only provided this table as a guide.

Injury SeverityGuideline Compensation
Multiple Injuries Plus Special DamagesSeriousUp to £1,000,000+
Leg InjuriesAmputations (a)(i)£293,850 to £344,850
Amputations (a)(iii)£127,930 to £167,760
Hand InjuriesTotal or Effective Loss of Both Hands (a)£171,680 to £245,900
Total or Effective Loss of One Hand (c)£117,360 to £133,810
Arm AmputationLoss of One Arm (b)(ii)£133,810 to £159,770
Loss of One Arm (b) (iii)£117,360 to £133,810

Special Damages In Amputation Injury Claims

Compensation to reimburse the financial losses that you have experienced due to your injuries can be awarded under special damages, the second of the two heads of claim.  

Below are some costs you could potentially be compensated for under special damages:

  • Travel expenses to and from work
  • loss of earnings.
  • Costs of domestic care.
  • Any medical costs.

Retain copies of your receipts, invoices and other documentation as evidence of your monetary losses.

Call our advisors to learn more about the potential value of your specific claim. They can assess your particular circumstances and provide a more detailed picture of what your potential claim could be worth.

Amputation Injury Claims With No Win No Fee Solicitors

To find out if you meet the eligibility criteria for amputation compensation claims, contact our advisory team today. If you are deemed eligible, one of our highly experienced personal injury solicitors could take on your claim.

Our solicitors can offer their services under a Conditional Fee Agreement or “CFA.” The CFA is a No Win No Fee contract that offers potential claimants some highly desirable features, including:

  • No fees to pay for the solicitor’s work at the start of the claim.
  • There are also no fees during the claims process itself.
  • And finally, should your amputation claim not succeed, you will not incur any fee.

If however you win your claim, you will receive amputation compensation. Part of this compensation will be taken as the solicitor’s success fee. But, as success fees are legally capped, the majority of any compensation that is paid out will be yours to keep.

Our advisers can offer you an assessment of your specific circumstances, as well as provide more information about the claims process. You can get in touch with us via:

Guidance On Serious Injury Claims

See some of our other serious injury guides:

Further resources:

We appreciate you taking the time to read our guide on amputation compensation claims. You can speak to our team with any questions, further guidance, and an assessment of your potential claim. To talk to an advisor, use the contact information above.

Written by Clark

Edited by Mitchell

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    • Patrick Mallon legal expert author

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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