If you have ever suffered an accident that was not your fault, resulting in an amputation of one of your limbs, you may be able to claim compensation. Our guide about amputation claims explains how personal injury compensation is calculated.
In addition to looking at how amputation compensation could be awarded, we provide information about the eligibility criteria that need to be met in order to have a valid claim. We’ll also look at scenarios in which you could suffer an amputation injury.
If you are eligible to start a compensation claim for an amputation injury, you will need to gather evidence. Furthermore, you will have to stick to certain time limits when starting a claim. Additionally, you may like information on how long it can take to receive your awarded compensation should your claim prove successful. This guide explains the personal injury claims process.
To conclude, we look at how one of the solicitors from our panel could help support you through the claims process on a No Win No Fee basis.
To learn more about amputation claims, call our advisors today. A team member can discuss the circumstances of your accident and help assess whether you could claim. Get in touch for your free consultation on the details below.
- Phone: 0800 408 7826
- Online: Contact Us
- Chat live: ask your question in the pop-up chat.
- How Much An Amputation Compensation Payout Payout Can Be
- Am I Eligible To Make A Amputation Claim?
- Common Cases Of Amputated Limbs
- How To Start Your Amputation Claim
- How Our Panel Of Solicitors Can Help You Claim
- More Information
How Much An Amputation Compensation Payout Can Be
As you can appreciate, every compensation claim is different, depending on the severity of the injury and/or amputation, the financial impacts, and whether you require any ongoing treatment, short-term or for the rest of your life.
In order for us to provide guidelines on how much compensation you could receive, we rely on your medical report and a tool known as the Judicial College Guidelines (JCG). The JCG provides guideline compensation amounts for different types of injuries.
The value of any amputation injury depends upon:
- (i) whether the amputation is above or below the elbow. The loss of the additional joint adds greatly to the disability;
- (ii)the extent to which prosthetics can restore function;
- (iii) whether or not the amputation was of the dominant arm;
- (iv) the intensity of any phantom limb pain;
- (v) the claimant’s age;
- (vi) the effect on work, domestic, and social life.
Please note that the figures below are only guidelines; the first insert has not been taken from the JCG.
| Injury | Severity | Notes | Guidelines amount |
|---|---|---|---|
| Multiple injuries, including numerous amputations | Most severe | Extensive financial losses, unable to work. | Upto £1,000,000 plus |
| Amputation of arms | Amputation of both arms | The effect of such an injury is to reduce a person with full awareness to considerable helplessness. | £293,850 - £366,100 |
| Loss of one arm (i) | Arm amputated at the shoulder. | No Less Than £167,380 | |
| Loss of one arm (ii) | Above-elbow amputation. A shorter stump may create difficulties in the use of a prosthesis. | £133,810 - £159,770 | |
| Loss of one arm (iii) | Below-elbow amputation. Amputation through the forearm with residual severe organic and phantom pains would attract an award at the top end. | £117,360 - £133,810 | |
| Leg amputations | Loss of both legs | The injured party has suffered amputations to both legs above the knee, or one above with the other below but at a high level. | £293,850 - £344,150 |
| Below-knee amputation of Both Legs | Amputated just below the knee. | £245,900 - £329,620 | |
| Above-knee amputation of One Leg | The award will depend upon such factors as the level of the severity of phantom pains; pain or other problems with a stump; age; associated psychological problems. | £127,930 - £167,760 | |
| Foot | Amputation of Both Feet | A useful ankle joint is lost, leaving the injured party in a situation similar to that of needing a below the knee amputation to both legs. | £206,730 - £245,900 |
| Amputation of One Foot | This injury is also treated as similar to a below-knee amputation because of the loss of the ankle joint. | £102,470 - £133,810 |
How Compensation Claims Are Calculated
Compensation for amputation claims is divided into general damages and special damages.
- General damages cover pain and suffering, including any psychological damage caused by the incident.
- Special damages are for the financial losses and the impact it has had on your life.
As mentioned, we will use a medical report provided by an independent medical expert following an assessment with you to confirm whether you require any further or ongoing treatment and whether you need to see another specialist.
Claiming Special Damages
Please note that special damages are not always recoverable, however, we do recommend putting forward a claim for all other losses. Examples of special damages could be:
- Loss of earnings – both current and future losses could be considered, including any bonuses and overtime missed out on.
- Medical treatment – if you have suffered an amputation, you would likely require significant rehabilitation.
- Care and assistance – if you have suffered an amputation, this will have a massive impact on your life, meaning you may require assistance from another person.
- Alterations to your house and/or car.
- Medical costs – There may be a chance for you to use prosthetics if you have had a limb amputation.
If you would like to discuss your claim and find out more about what can be classed as special damages, call our experienced advisors today for your free consultation.
Using Our Compensation Calculator
An injury claims calculator, or compensation calculator, is an online tool for determining the value of your amputation claim.
By entering the details of your accident into the compensation calculator, you will get a guideline figure to help you see what the claims process may look like.
Call one of our advisors today for a free consultation. They will explain how it works and determine whether you are eligible for an amputation claim.
Am I Eligible To Make An Amputation Claim?
In order for you to be eligible to make an amputation claim, certain criteria need to be met. However, whether claiming for medical negligence or a personal injury, you need to prove that a liable party owed you a duty of care. A duty of care is a legal obligation owed to you by an individual or organisation (depending on the circumstance) that requires reasonable actions to help prevent foreseeable harm.
Below, we look at situations where you might have a valid claim.
Medical Negligence
All medical professionals, including doctors, surgeons, nurses, phlebotomists, dentists, and pharmacists, owe a duty of care to their patients and must ensure that their standard of care is implemented. This is automatically owed to you.
The following elements must be met to make a medical negligence claim.
- Was a duty of care owed to you by the medical professional?
- Did the medical professional breach their duty of care?
- Did the breach cause you harm and/or injury that could have otherwise been avoided?
If all of these elements are met, then a medical negligence claim could be made. However, not all harm suffered in a medical setting is considered negligence. For example, if you have meningitis that was quickly and accurately diagnosed because the doctor considered all of your symptoms, you could still require a surgical amputation. In cases like that, you would not have a valid claim.
Public Liability
The Occupiers Act 1957 was introduced to stress that occupiers (the person or organisation responsible for a space that the public can access) have a legal duty of care to those who visit their premises. The occupier must take reasonable care to ensure the safety of those visitors and/or the public.
Should the occupier of a property fail to comply with this legislation and you sustain an amputation as a result, you could be eligible to claim personal injury compensation.
We’ll look at some examples of common causes of amputation injuries shortly.
Road Traffic Accident
Everyone navigating the roads owes a duty of care to every other road user to ensure that they are using the roads in a safe and responsible manner so as to prevent injury and damage. It is important to stress that, in order to comply with this duty, road users must adhere to the Road Traffic Act 1988 and parts of the Highway Code.
If a road user was to breach this duty of care, causing an accident resulting in an amputation of a limb, then you may have an eligible claim.
Accident At Work Claim
The Health & Safety At Work Act 1974 (HASAWA) is a piece of legislation that covers health and safety at work, setting out that generally:
- Employers owe a duty of care to their employees to take reasonably practicable steps to ensure their reasonable safety.
If this breach of duty results in injuries, you could be eligible to claim compensation.
If you have suffered an amputation due to medical negligence, an accident at work, an accident on the road or in a public place and would like to discuss your case further and determine whether you are eligible to launch a claim, contact one of our experienced advisors today for your free, no-obligation consultation.
Common Cases Of Amputated Limbs
There are a number of scenarios that could result in the amputation of a limb, such as:
Clinical Errors – Delayed diagnosis – Failure to treat a laceration and/or serious wound causing massive blood loss resulting in an amputation.
Public liability – A faulty bracket holding heavy gym equipment falls and crushes a person’s leg, resulting in an amputation of the limb.
Road Traffic Accident – A bus driver loses control of his vehicle and slides across the other side of the road, causing a collision and crushing the driver of a car, resulting in the loss of the driver’s arm.
Accident At Work – A builder using a power tool with a blade that comes loose due to it not being risk assessed and cuts through the employee’s hand, resulting in the loss of his hand.
If you would like to discuss your situation, call our experienced advisors today, either by phone or via our live chat.
How To Start Your Amputation Claim
Once we have established your eligibility to file an amputation claim, we must start it as soon as possible to ensure it does not become statute-barred. Additionally, you will need strong evidence of liability for your amputation. We look at time limits and evidence below.
Whilst it is not a requirement to instruct legal representatives, we strongly advise one of the solicitors from our panel who will make the amputation claims process as easy as possible.
Gathering Evidence And Accessing Your Medical Records
All amputation claims, regardless of whether they are for medical negligence or personal injury, must have compelling supporting evidence. As stated above, this needs to prove liability for your injuries. Examples of such evidence are:
- Medical evidence – copies of your medical records and independent medical reports.
- A timeline of your medical appointments.
- Photographs of any injury and/or harm caused.
- Accident reports, such as a police report if the injury occurred in a car accident or the workplace accident book.
- Contact information from anyone who saw what happened and would be willing to provide a witness statement further into the claims process.
- Diary inserts: It is advised to keep a daily record of your condition to support the progress of your injury and/or harm.
One of the experienced solicitors from our panel could help you gather all the evidence required to make a successful personal injury claim. Get in touch today to discuss your eligibility to claim compensation. If you meet the criteria, you could be connected to an amputation claims solicitor from our panel.
How Long You Have To Begin Your Claim
There is a 3-year time frame when making a personal injury claim under the Limitation Act 1980.
However, there are some exceptions to the rule:
- If the injured party is under the age of 18 (a minor). In this instance, a parent, friend, family member or even a solicitor can apply to become a litigation friend on behalf of the minor.
In addition to this exception:
- If the injured party is unable to make a decision for themselves, they lack the mental capacity to make an amputation claim. However, if they regain their mental capacity while the claim is ongoing, they may take over the claim.
These same time limits apply to medical negligence claims. However, in these cases, the date of knowledge may also apply. This is when you realised, or would have been expected to realise that the harm you suffered was due to a negligent medical professional.
How Long It Can Take Before You Get Compensation
Because each case is unique, it is impossible to confirm how long it will take to receive compensation.
Factors that need to be considered are:
- The severity of injuries and/or harm.
- Whether liability has been admitted and/or denied.
- Medical evidence – If a specialist is waiting for medical records or a specific expert has a long waiting list for the next appointment.
- Waiting until the end of your prognosis period.
- The value and complexity of the claim.
If you would like to speak to one of our team members, contact us today to find out if you could make a compensation claim for the amputation of a limb.
How Our Panel Of Solicitors Can Help You Claim
Although instructing a legal representative is not absolutely necessary, we do encourage you to do so.
The solicitors on our panel will help with all aspects of the claim, making it an easy process so you can focus on recovering.
They can:
- Help gather information and/or evidence to support your claim.
- Arrange medical appointments that you will have to attend to determine the full prognosis. These will be at a time and place convenient for you.
- Complete any court documents that may be required to continue the case.
- Negotiate a settlement with the defendant’s solicitors.
Furthermore, they will do this and more under a Conditional Fee Agreement (CFA). You may hear a CFA referred to as a No Win No Fee arrangement. However, you may not know what this means. Your solicitor will provide their services:
- Without asking for payments upfront or as the claim progresses.
- Also won’t ask you to pay for their work should your claim not succeed.
- Only takes a small success fee from your compensation if your claim is successful. This is taken as a legally capped percentage, thus ensuring that you get to keep the majority of your compensation.
We hope this guide on amputation claims has been helpful. If you have any further questions, call today for your free, no-obligation consultation.
- Phone: 0800 408 7826
- Online: Contact Us
- Chat live: ask about claiming for loss of limb in the live chat.
More Information
Read some more guides below:
- Learn how much compensation for a medical negligence claim could be awarded.
- Read about public liability claims.
- Details about how much compensation for a car accident could I receive?
Further resources used.
- Learn about claiming Statutory Sick Pay in this easy-to-understand government guide.
- Read about amputation on the NHS website.
- Details on when to call 999 from the NHS.
We appreciate your taking the time to read our guide about the compensation you can receive for amputation claims.