£350,000 Compensation Payout For An Amputated Arm – Case Study & Guide To Calculating Arm Amputation Settlement Amounts

Arm Amputation Settlement Amounts

Arm Amputation Settlement Amounts

By Daniel Janeway. Last Updated 25th November 2022. If you suffer an arm amputation, your life could change quickly and drastically. It could bring about a lot of challenges, both physically and psychologically. The suffering could be magnified by the injury occurring after an accident which wasn’t your fault. If you find yourself in this situation, you could seek legal guidance about filing a claim for arm amputation settlement amounts. 

This guide provides an example case study covering a £350,000 compensation payout for an arm amputation injury case. Further information is available to you by clicking the headings below. In the meantime, you could get in touch with our friendly team today to discuss your arm amputation claim. 

Simply call 0800 408 7825, use our live chat or fill out our online form.

Choose A Section

  1. A Guide To Calculating Arm Amputation Settlement Amounts
  2. Define Arm Amputation
  3. Examples Of Financial Loss
  4. Amputation Accidents
  5. Specialist Settlement Calculations
  6. Care Claims For Arm Amputations
  7. Case Study: £350,000 Compensation For An Amputated Arm
  8. Who Is Eligible For Specialist Estimates?
  9. No Win No Fee For Arm Amputation Claims
  10. Your Case Could Use Top Personal Injury Solicitors
  11. Call Our Experts For Arm Amputation Settlement Amounts 
  12. Further Links

A Guide To Calculating Arm Amputation Settlement Amounts

This guide covers general and special damages, No Win No Fee agreements compensation calculators and more. Also, we break down the duty of care different parties hold to prevent arm amputation injuries and other elements that could influence your potential arm amputation settlement amounts.

Before we continue, we recommend you note the personal injury claims time limit. What does this mean? Well, the law dictates that you have three years to claim from the date that you suffered or the date of knowledge. There are other time limits that might apply especially for children and those lacking mental capacity. 

Amputated Arm – Time Limit Claim Exceptions

As mentioned above, the time limit as stated in the Limitation Act 1980 is not absolute. There can be circumstances where it can be exceeded without affecting the right to claim.

For example, the injured party may be under the age of 18. Children cannot claim for themselves, therefore, the time limit does not begin until their 18th birthday. Before, then a litigation friend must be appointed to claim for an amputated arm on their behalf.

The rules are similar if someone without the mental capacity to claim has had their arm amputated due to negligence. Their time limit only begins if they recover to the point of being able to make their own claim. If this recovery doesn’t take place, then the time limit remains frozen, and a litigation friend must be appointed in a claim is to be made.

Define Arm Amputation

Broken bones and torn ligaments/muscles are not uncommon and can require lengthy recovery periods. These injuries can lead to infection, for example, or amputation. And when it comes to an arm, amputation could be life-changing.

Amputation can occur after a body part has suffered severe trauma, like a crush or blast, or an infection caused by a severely lacerated arm. There are different reasons why the arm may need to be amputated. The body part could be naturally or surgically removed.

General and epidural are two anaesthesia under which an amputation operation could be carried out. It could take several months if not years for the patient to recover from surgery and adjust to life with an amputated arm. Unlike recuperation from some injuries, the sufferer’s physicality would not be the same as previously due to losing an arm.

In order for a person to be able to make a claim for arm amputation compensation, they must prove they have a valid case. This would start off with establishing whether the entity they hold responsible for their injury had a duty of care through law for their safety. If they acted negligently which breached this duty of care. And, was the amputation a result of such negligence? 

Use our live chat at the bottom of the page to find out more.

Examples Of Financial Loss

After suffering an arm amputation, your financial losses could be very high. Medical expenses, such as resultant painkillers, are one example of how your injuries affect your finances. Another could be the cost of hiring a carer to look after you while you become accustomed to life after the loss of one or both arms. If driving is no longer an option, increased usage of public transport might hit your pocket too. Importantly, depending on your job role you may suffer financially if you have to take time away from work or you can no longer continue in the same job role. 

These financial losses could shape the compensation that you may receive in a successful claim. Consequently, you could eventually receive reimbursement for what you’ve had to payout. Speak to us anytime for further details.

Amputation Accidents

To receive compensation in the form of arm amputation settlement amounts, you need to prove that your injury was the result of somebody else’s negligence. This would come from providing evidence that a third party owed you a duty of care. You would also need to prove that they breached their duty, resulting in you being injured and subsequently requiring an arm amputation.

Applied Duty Of Care

Employers are liable under the Health and Safety at Work etc. Act 1974. This law exists to prevent workplace accidents that may leave an employee harmed. For example, an accident at work could involve someone having their arm crushed in a high-powered machine resulting in amputation. If the machine was not maintained properly or the employee hadn’t been trained adequately, the employer could be liable because they didn’t take steps to protect their employees’ safety. 

Public liability (PL) relates to land, property or premises controllers’ liability via the Occupiers’ Liability Act 1957. Though it’s designed to prevent an accident in a public place, you could still find yourself being seriously injured in a public place. Accidents in public places resulting in an amputation include having your arm crushed or trapped in a faulty lift or escalator that has not been repaired or replaced when needed. If you happen to suffer multiple injuries in one such accident, you could potentially file a multiple injury claim.

Road traffic accidents (RTAs) are another key area where injured parties might claim arm amputation settlement amounts. Drivers, pedestrians and cyclists have a duty of care outlined by The Highway Code. An example of a breach here could be that you’re injured in a serious crash that breaks your arm beyond repair that was caused by a driver speeding. Any crash or collision has the potential to change the person’s life forever, hence the potential to make a claim if someone else caused it. To ask any questions about duty breaches, simply complete our online form.

Specialist Settlement Calculations

If you choose to make a claim, you will be invited for an independent medical assessment. This medical check allows you to answer such questions as:

  • What was your general health like before this incident?
  • How did the injury occur?
  • When did you realise that an amputation would be the outcome?
  • What impact has the amputation had on your life?

Once solicitors have a medical report from assessments, they can provide specialist calculations for arm amputation settlement amounts. This could come in the form of general damages and special damages. General damages compensate you for your pain, suffering and lifestyle changes due to the amputation. 

As for special damages, these compensate you for additional financial consequences such as surgery not offered on the NHS, painkillers, public transport needs and loss of earnings. Talk to us anytime if you want to find out what your general and special damages could include.

Care Claims For Arm Amputations

Another element of special damages would be a care claim. This covers the assistance that you receive as a direct result of your arm amputation. So, hiring a nurse or carer to look after you regularly would be one example. 

Another would be the help from your friends and family, which is known as gracious care. And it could also encompass you hiring a professional for such tasks as gardening, cleaning, dog-walking or babysitting. Learn more about care claims by calling us using the number at the top of this page.

Case Study: £350,000 Compensation For An Amputated Arm

Mrs Richards, 42, worked as a driving instructor. She enjoyed the job, and many of her students attributed their successful tests to her assistance. Sadly, her career was abruptly ended due to an accident that wasn’t her fault.

One evening, Mrs Richards and her husband planned to have a meal at their local restaurant. It was in early November, just before Bonfire Night. Though the couple didn’t believe this would impact their plans, ultimately, it did.

Mrs Richards parked up, and the duo headed to the restaurant door. But as they did, they suddenly heard a screeching noise. Out of nowhere, a firework headed straight towards Mr Richards’ face. His wife reacted with instinct by lifting her right arm to protect him, thus sustaining the blast.

As a result, Mrs Richards felt a substantial burning sensation in her arm, followed by tremendous pain. She was unable to move her arm. An ambulance was called immediately. 

Mrs Richards went to her local hospital, and the news was devastating. The damage done to her arm was significant. She was advised that the right arm would require amputation at the shoulder.

She was devastated, but her doctor said that she had no choice. Mrs Richards underwent the amputation. She spent weeks at the hospital, before being advised to recover at home. The prospect of her continuing as a driving instructor seemed unattainable.

What Led Her to Seek Arm Amputation Settlement Amounts?

Upon further investigation, the Richards’ learned that the firework was part of a test by the restaurant owners for a Bonfire Night display. Unfortunately, it had tragic consequences, with Mrs Richards now missing an arm, unable to continue working and suffering from post-traumatic stress disorder (PTSD). Her life had changed forever.

After seeking legal advice, Mrs Richards learned that the restaurant owners had breached a duty of care they owed to her under the Occupiers’ Liability Act 1957. Therefore, she filed a public accident claim against the restaurant. Mrs Richards received £350,000 in out-of-court arm amputation settlement amounts. This included £184,890 in general damages and £165,110 in special damages.

 

Edit
Type Of General Damages Includes: How Much?
Amputated Arm Costs of suffering an arm amputation from the shoulder £128,710
Moderately severe Post-Traumatic Stress Disorder (PTSD) Costs of suffering PTSD in the aftermath of her arm amputation £56,180

 

 

Edit
Type Of Special Damages Includes: How Much?
Lost Earnings Costs of being unable to work as a driving instructor 2 years. Changed occupation when returned to work. £70,000
Medical Costs Medications and prescription charges £1,000
Transport Costs Costs of using public transport for hospital visits £600
Carer Needed carer help for 1 year £20,000
Specialists Prosthetic Arm £50,000
Home help Cleaner, gardener, cook, child minder etc. £10,000
Adaptations Home adaptations and car adaptations £8,510
Physiotherapy Physiotherapy and counselling. £5,000

 

The case of Mrs Richards is an example not based on a real life story. Based upon our previous experiences it aims to show our capability of handling and valuing claims and how accidents can happen.

Who Is Eligible For Specialist Estimates?

Anyone who could be eligible to claim could receive our specialist estimate. We offer this particular service for free, even if you don’t pursue your case. Our team of advisors don’t base compensation figures on online personal injury claims calculators. Instead, they estimate a total that is accurate and relevant to your circumstances. Your evidence and the nature of your injuries would determine the calculation of your compensation. Please contact our helpful team if you want to find out more.

No Win No Fee For Arm Amputation Claims

No Win No Fee agreements allow claimants access to legal services without paying an upfront fee. Working with a personal injury solicitor through this agreement means that:

  • You wouldn’t pay any legal costs to your personal injury solicitor upfront;
  • Nor would you pay any legal fees to your solicitor while the case is ongoing;
  • And if your case loses, you still don’t pay a single penny to your solicitor;
  • If your case is successful, your solicitor then takes a minor success fee, capped by law.

So, by minimising the risk of unpayable costs, life becomes more manageable during a, potentially, already stressful times. For any queries about No Win No Fee agreements, get in touch with our team via our live chat.

Your Case Could Use Top Personal Injury Solicitors

Now, if you’re seeking arm amputation settlement amounts, it helps to have the right personal injury solicitor on your side. In terms of what qualities to look for, these would include top industry credentials, arm amputation specialities and many years of experience. It also helps if the solicitors have examples of previous wins for similar claims and positive client reviews. 

If you contact our advisors today they will assess your case for free. Should they think that you have a chance of your case being successful they could connect you to a specialist personal injury solicitor. If the solicitor decides to take on your case they will offer you a No Win No Fee Agreement. 

Call Our Experts For Arm Amputation Settlement Amounts

To get access to free legal advice or to start a claim please:

There’s no obligation to proceed with a claim after you’ve spoken with us and our advisors are accessible 24 hours a day, 7 days a week.

Further Links Regarding Arm Amputation Settlement Amounts

If you require more guidance about arm amputation settlement amounts and related information, click on any of the links below.

To find out about our full services, visit our website.

We have a page explaining public transport accidents.

And we also cover scenarios for cycling accidents.

The NHS provide further details about amputations.

They also have a page on other arm injuries.

And, they have a page listing all of their healthcare services.

Article by AR
Publisher UI.