An accident leading to amputation is often a painful and life-altering event. These accidents occurring due to third-party negligence could provide grounds for an amputation compensation claim. This guide to amputation claims will first look at the potential amount you could receive from a compensation claim.
We will also explain the eligibility criteria regarding an amputation claim. Accidents can happen just about anywhere. However, for the foundation of a personal injury claim, the accident that caused the amputation must have been caused by the breach of duty of care by those who have a responsibility for your safety.
For that reason, we look at how accidents in the workplace could happen, and how accidents in public or on the roads could occur. Furthermore, we will discuss when you may be able to make a successful amputation compensation claim due to medical negligence.
After listing forms of evidence that would help in an amputation compensation claim, you can learn about the No Win No Fee terms under which an expert solicitor from our panel could offer their services when supporting your case if you have valid grounds.
Alongside this guide, our advisors can fill you in on all the important information you need about serious injury claims. They are available 24/7 for free so, if, for example, you want to know whether you can claim and how much compensation you could receive, please contact us using the below details:
- Call on 0333 000 0729
- Contact us online.
- Open a live chat conversation below.
Select A Section
- How Much Are Amputation Compensation Claims Worth?
- Bringing Amputation Injury Claims – Eligibility Criteria
- Types Of Amputation Compensation Claims
- What Evidence Could Prove Amputation Injury Claims?
- Get Help From No Win No Fee Amputation Injury Claims Solicitors
How Much Are Amputation Compensation Claims Worth?
There are up to two heads of loss when it comes to successful personal injury claims:
- General damages, accounting for physical and mental pain and suffering. And also, if they are awarded;
- Special damages can be claimed if injuries bring about financial losses. This can include medical treatment costs, such as the costs of being provided with a prosthetic limb, for example.
This first section will discuss general damages. In amputation claims, as with any personal injury claim, the amount of general damages compensation you could receive depends on factors, such as:
- The limb or limbs that have been amputated
- The degree to which the amputation will or has impacted your everyday life
- Loss of amenity
- Any potential psychological issues that have been caused by the injury
Your amputation will be valued in a successful compensation claim based on aspects, such as the ones listed above. Solicitors can provide you with an idea of what you could receive from an amputation compensation claim. To do this, they use the Judicial College Guidelines (JCG). The brackets below are taken from successful court cases in England and Wales.
| Type of Injury | Guideline Compensation Amount | Notes |
|---|---|---|
| Multiple Very Serious Injuries Plus Special Damages | Up to £1,000,000 and above | Multiple injuries of a very serious nature plus compensation that covers all financial losses and expenses such as care cost, home adaptation and lost earnings. |
| Arm Amputation (a) | £293,850 to £366,100 | The loss of both arms. |
| Arm Amputation - Loss Of One Arm (b) (i) | Not Less Than £167,380 | Arm is amputated at the shoulder |
| Leg Amputations (i) | £293,850 to £344,150 | The loss of both legs, with at least one leg amputated above the knee. |
| Leg Amputations (ii) | £245,900 to £329,620 | A below-knee amputation of both legs. |
| Leg Amputations (iii) | £127,930 to £167,760 | Above-knee amputation of one leg. This bracket is influenced by the success of prosthesis, the level of phantom pain and severity of any side effects. |
| Hand (a) | £171,680 to £245,900 | This bracket features the total loss of both hands. |
| Hand (c) | £117,360 to £133,810 | The complete loss of one hand falls into this bracket. |
| Foot (a) | £206,730 to £245,900 | Two feet are amputated. |
| Foot (b) | £102,470 to £133,810 | The amputation of one foot. |
Please bear in mind that these figures only give you an idea of what you could receive from an amputation claim. To get a better idea of how much compensation you could receive, please contact us for free using the above details.
Bringing Amputation Injury Claims – Eligibility Criteria
Amputation injury claims are like any personal injury claim in that they must be shown to have legitimate grounds to be pursued. You must meet the following eligibility criteria to claim:
- A third party owed a duty of care at the time.
- They breached this duty, leading to an accident.
- The accident led to your physical and/or mental harm.
This forms the basis of negligence in a personal injury case. The below section will explain what this means in more detail about amputation claims. Our advisors can explain this further and answer any other questions about amputation compensation claims, so please do not hesitate to call.
Types Of Amputation Compensation Claims
Injuries with enough severity to bring about amputation could occur in numerous places. In the following subsections, we will look at accidents on the road, at work, in public places and through medical negligence that could form the basis of amputation claims.
Road Traffic Accident Amputation Claims
Road users are required to follow rules and guidance put into place by the Road Traffic Act 1988 and the Highway Code. Doing so will ensure they keep to the duty of care to use roads in a way that prevents a road traffic accident. Carelessly or wilfully ignoring the rules of the road puts road users at risk of serious injury. If you can prove that your injury was caused by driver negligence, you may be able to make a compensation claim.
One example is when a cyclist is hit by a car greatly exceeding the speed limit. The cyclist is thrown from their bike and suffers devastating leg injuries that require a double amputation.
Workplace And Construction Site Accidents And Amputations
Employees are owed a duty of care by their employer, as laid out by the Health and Safety at Work etc. Act 1974. Section 2 of the Act incites employers to take reasonable and practicable steps that keep employees safe. Employers could, for example:
- Perform risk assessments.
- Maintain and repair equipment.
- Provide PPE.
A failure to take such steps could precipitate an accident. For example, unchecked and incorrectly built infrastructure on a construction site causes a scaffolding accident. A worker falls from height and lands on their arm, with irreversible and severe damage that necessitates amputation.
Public Place And Pedestrian Accidents Causing Amputations
The Occupiers’ Liability Act 1957 establishes a duty of care for those in control of public spaces, whether buildings, outdoor spaces or roads. Occupiers must do all they can to keep visitors reasonably safe while on the premises. Failure to uphold the duty of care could mean being liable for an injury sustained in an accident.
An example would be if a supermarket does not ensure shelving is secure and packs on too many products. A shelf collapses onto a passing customer, whose hand is crushed and has to be amputated.
Our advisors can share more information about the rules and legislation relating to amputation compensation claims as part of the free consultation you can get by getting in touch.
Claiming For An Amputation Caused By Medical Negligence
It’s also important to mention that you may be able to make an amputation compensation claim if your injury was caused by medical negligence. Medical professionals, such as doctors, nurses and GPs, have a standard of care they need to adhere to when treating patients. Therefore, you may be able to make a compensation claim if your amputation injury was the result of medical negligence.
An amputation could be required as a result of medical negligence for many reasons. Reasons for potential medical negligence claims for this type of injury could include:
- A doctor failing to diagnose a certain disease (such as cancer or meningitis) correctly, leading to you being misdiagnosed. The long-term effects of this could include amputation.
- Poor hygiene from a hospital leading to you requiring an amputation. You could develop sepsis, for instance.
- A surgeon accidentally removing the incorrect body part. They could operate on the wrong limb due to a clerical error or an error of judgement on their part.
Successful amputation claims revolve around proving that your injury was caused by negligence. To learn more about how to make an amputation claim, please contact us for free using the above details.
Limitation Periods For Amputation Compensation Claims
Personal injury claims are obliged to follow the three-year time limit set out by The Limitation Act 1980. This means that amputation compensation claims must start within three years of the accident which caused the limb loss.
Some cases may call for an exception to the rule, such as if the injured person lacks the mental capacity to start a claim.
Speak to our advisors today to find out your claim’s time limit and to get further insight into potential exceptions.
What Evidence Could Prove Amputation Injury Claims?
Gathering a sufficient body of evidence is a key part of any amputation compensation claim. This proof will not only help solicitors value your claim by showing the extent and impact of your injuries but also demonstrate the fault of the third party.
We have provided some possible examples of evidence you could gather here:
- We always recommend seeking professional medical help following an accident. While your health is our prime concern, any medical records from this treatment (copies of scans, test results, examination notes) will be useful in demonstrating the extent of your injuries.
- CCTV footage or video from a dash cam device in the case of a car accident can be used to show the accident taking place.
- You can also photograph your injury, the scene of the accident and what caused it.
- Workplace records such as training and maintenance logs can highlight whether these important tasks were carried out improperly or ignored altogether.
- All employers should record any accidents in their workplace. If that employer has 10 or more employees, this should be done in an accident book. You can get a copy of your incident report from this.
- Individuals who witnessed the accident could provide a statement, so make sure you have contact information for them so their statement can be taken during the claims process.
To check if you’re eligible to work with a dedicated personal injury solicitor from our expert panel or to inquire further about the amputation compensation claims process, contact our advisors using the details given above.
How Long Can An Amputation Claim Take?
Many factors could dictate how long an amputation claim could take. When seeking loss of limb compensation, potential factors dictating the length of the claim include:
- How severe the amputation is. It’s important that you have time to have the required medical treatment (such as having a prosthetic limb attached, for instance). Furthermore, if the amputation is more severe, it can take longer to assess the long-term impacts the injury has had on your life.
- How complex the case is. For example, if you have a medical negligence claim but the relevant doctor or surgeon is not accepting liability, this means it will take longer to come to an agreement.
- The cooperation of both parties. Whilst your solicitor will often chase the third party’s legal counsel for a response, if they are taking longer to respond, this will impact how long the amputation claim could take.
- Assessments of your injury. An independent medical assessment will be organised by your solicitor to help determine the loss of limb compensation you could receive. The third party’s legal counsel may also organise a separate medical assessment.
- Whether the case needs to go to court. Most amputation claims won’t need to go to court as an agreement on liability is usually made before this stage is required.
To learn more about whether you can make an amputation claim, please contact us for free using the above details.
Get Help From No Win No Fee Amputation Injury Claims Solicitors
Support with evidence is just one of the tasks that can be carried out professionally by an experienced solicitor from our panel. As long as you have a valid claim, a solicitor could take your case under a Conditional Fee Agreement (CFA.)
CFAs are a form of No Win No Fee contract. There are potential financial benefits regarding making a No Win No Fee amputation claim such as the fact that you wouldn’t have to pay for a solicitor’s legal fees:
- Upfront;
- As the case continues;
- In situations where the claim ultimately fails.
Your solicitor would take a success fee if the claim wins. The success fee is taken as a percentage of the compensation but is subject to a legal cap stated in The Conditional Fee Agreements Order 2013. It’s also important to bear in mind that the proportion the solicitor will take as a success fee is agreed with you before you start the No Win No Fee claim.
Why Contact Us?
While amputation compensation claims do not necessarily require a solicitor’s involvement, the expert guidance of a solicitor from our panel could make your experience much smoother.
You can learn more about this by talking to our advisors for free today. An advisor can go through the specifics of your situation, let you know if you have grounds to make a claim and connect you with a solicitor from the panel.
To make the most of this free consultation, all you need to do is:
- Call 0333 000 0729.
- Contact us through a web form.
- Select the live chat box below and send a message.
Further Information On Serious Injury Claims
Here are more of our serious injury claim guides:
- Explaining what your serious injury claim for severe PTSD could be worth.
- Discussing details of serious spine injury claims.
- A general look at serious injury claims payouts.
- More information about making an amputation compensation claim.
- Read more about how much compensation you could receive for losing a limb.
- Learn more about claiming if you’ve suffered from a hand amputation.
- A guide to calculating compensation for the loss of a limb.
These resources provide some further information:
- NHS information on recovering from an amputation.
- Request traffic camera footage from National Highways.
- Details on getting your medical records from an NHS service.
Thank you for taking the time to read our guide on amputation compensation claims. If you have any questions, please reach out today.
