Loss of limb claims are among the most highly compensated and serious personal injury claims that our panel of solicitors take on. Losing an arm or a leg in an accident could be a seriously life-altering injury. You could receive compensation for the physical aspect of losing your limb, plus the loss of enjoyment of your life and any associated psychological damage, as well as related out-of-pocket expenses.
Key Takeaways
- Losing a limb is one of the most serious and psychologically devastating injuries a person can experience.
- You could lose a limb in a traumatic accident, such as an explosion at work or a car accident.
- A limb may need to be surgically removed due to serious physical trauma, such as a crush injury.
- A prosthetic limb may be suitable for you; these can be expensive, but compensation could cover the costs.
- You may suffer from ‘phantom limb’ pain, which can also be considered when claiming compensation.
The solicitors on our panel can offer their services under some very desirable No Win No Fee terms. Public Interest Lawyers maintain a 24-hour advice service, so whenever it is convenient, talk to one of our advisors about amputation claims, you can reach someone.
You can get in touch at any time via the contact information given here:
- Call the team on 0800 408 7825.
- Contact us online.
- Click the live chat button in the bottom left of your screen.
Select A Section
- Can I Claim For Loss Of Limb?
- What Accidents Could Cause Limb Loss To Happen?
- How Much Compensation Is Awarded In Loss Of Limb Claims?
- Why Should I Claim For Loss Of Limb Compensation?
- Is There A Loss Of Limb Claims Time Limit?
- How Can I Prove My Limb Loss Was Due To Negligence?
- Can I Make A No Win No Fee Loss Of Limb Claim?
- Frequently Asked Questions
- Learn More
Can I Claim For Loss Of Limb?
Yes, you could claim for a loss of limb if you can show that a third party owed a duty of care, and by failing to uphold this, caused the accident that resulted in the amputation. A duty of care is a legal responsibility for another’s safety and different duties are owed in different circumstances.
We’ll get into specifics in the next section, but for now, the general criteria can be summarised as:
- A third party owed you a duty of care.
- This duty was breached in some way.
- That breach caused a serious accident in which you lost a limb.
Questions, concerns and a free eligibility check can all be provided by our dedicated advisory team. Talk to an advisor today about loss of limb claims via the contact details given below.
What Accidents Could Cause Limb Loss To Happen?
A whole range of accidents including road traffic collisions, workplace incidents and accidents in public areas can result in a limb being lost. We’ve explained the duties of care owed by the different parties in each of these instances and provided an example scenario.
Road Traffic Accident
The rules and laws within both the Highway Code and Road Traffic Act 1988 impose a duty of care on all road users; pedestrians, lorry drivers and everyone in between, to do everything in their power to avoid causing each other harm.
A clear example of this duty being breached would be drunk or drug driving. So, if you were riding a motorbike down the street and a drunk driver came speeding out on a side road. The impact launched you from the bike, resulting in severe injuries. The impact side leg later had to be surgically removed at the hospital due to the damage caused in this serious motorcycle accident.
Accident At Work
Employers must take reasonable steps to ensure the safety of their workers as per the Health and Safety at Work etc Act 1974. Other legislations govern specific types of work activities, such as the Work at Height Regulations 2005.
“Reasonable” can mean different things in different workplaces; safety procedures in a chemical plant will be different from those in retail or logistics. In order to help employers uphold the legal requirements, the Health and Safety Executive (HSE), Britain’s workplace health and safety regulator, publishes extensive guidance on a range of topics, including risk assessments and how to undertake good training.
An example of a work accident that could result in limb loss could be:
- A worker had not received the correct training in order to operate a crane on a construction site. Consequently, the crane was overloaded. The lifting cable snapped and the load fell to the ground. You tried to dive out of the way, but both of your legs were crushed. A double above-knee amputation surgery was performed due to the extent of the damage caused in this crane accident.
Public Place Accident
Any party in control of a public area, referred to as the “occupier,” must take steps to ensure the reasonable safety of any visitors to that area, per the Occupiers Liability Act 1957. As “public area” is a very general term, what we are typically discussing is retail and leisure facilities, public parks, business premises and in some cases, roads and pavements.
A public accident:
- Following prolonged dry weather, the trees in a public park began shedding their branches. The local authority was aware of this but took no action to make the area safe or block it off. While walking along a footpath next to the trees, a heavy branch falls on you, causing a traumatic injury.
Medical Negligence
We should also mention that medical negligence can result in a limb being lost. All medical professionals must provide medical care that meets the correct standards. If they fail to do this, and cause avoidable harm (harm that would have been prevented if the correct standards were met), then medical negligence is said to have occurred.
A straightforward example would be a surgical error. A botched knee surgery could cause damage serious enough to warrant an amputation of the lower leg.
Various other accidents may occur that result in limb loss. You can get a free eligibility check by talking to our advisors today.
How Much Compensation Is Awarded In Loss Of Limb Claims?
The compensation awarded in loss of limbs claims can be very high, potentially reaching hundreds of thousands of pounds, if not millions. This is because losing any limb will have immediate and severe effects only on your daily life.
There are two heads of claim that this compensation can be paid out under. General and special damages. General damages covers the physical and psychological impacts, while special damages is concerned with financial losses. We’ll examine special damages in detail in the next section.
Solicitors can refer to your medical evidence alongside the Judicial College Guidelines (JCG) when determining a possible general damages figure. The JCG publication sets compensation brackets for different injuries and is updated every few years. We have used figures from the latest edition in our table.
Compensation Table
Please note that the information given here is intended to act as guidance only. The top entry is not a JCG figure.
| Type of Injury | Severity | Guideline Payout Figure |
|---|---|---|
| Multiple Very Severe Injuries + Special Damages | Very Severe | Up to £1,000,000 + |
| Amputations of Arms | Loss of Both Arms (a) | £293,850 to £366,100 |
| Loss of One Arm - Amputated at Shoulder (b)(i) | Not Less Than £167,380 | |
| Loss of One Arm - Below Elbow (b) (iii) | £117,360 to £133,810 | |
| Leg (Amputations) | Loss of Both Legs (a)(i) | £293,850 to £344,150 |
| Below-Knee Amputation of Both Legs (a)(ii) | £245,900 to £329,620 | |
| Above-Knee Amputation of One Leg (a)(iii) | £127,930 to £167,760 | |
| Below-Knee Amputation of One Leg (a)(iv)) | £119,570 to £162,290 | |
| Foot Injuries | Amputation of Both Feet (a) | £206,730 to £245,900 |
| Amputation of One Foot (b) | £102,470 to £133,810 |
Can I Be Compensated For The Psychological Impact Of Limb Loss?
Yes, you could be compensated for the psychological injury caused by life changing injuries, such as limb loss. Losing a limb at any level will have a profound psychological effect on the injured person. Any compensation payout will reflect not only the psychiatric harm caused, but also the cost of treatment and support this type of injury requires.
| Type of Injury | Severity | Guideline Compensation Figure |
|---|---|---|
| Very Serious Psychological Distress with Severe Financial Losses | Very Serious | Up to £500,000 + |
| General Psychological Harm | Severe (a) | £66,920 to £141,240 |
| Moderately Severe (b) | £23,270 to £66,920 | |
| Moderate (c) | £7,150 to £23,270 | |
| Less Severe (d) | £1,880 to £7,150 | |
| Post-Traumatic Stress Disorder | Severe (a) | £73,050 to £122,850 |
| Moderately Severe (b) | £28,250 to £73,050 | |
| Moderate (c) | £9,980 to £28,250 | |
| Less Severe (d) | £4,820 to £9,980 |
This section is intended to serve as guidance only. While we can provide more information on how a compensation claim is valued, we can’t provide more specific details without assessing your individual circumstances. To get your free eligibility check, get in touch with our advisors today.
Why Should I Claim For Loss Of Limb Compensation?
You should claim for loss of limb compensation because your payout will not only help you come to terms with your injuries, but also ensure you get the support you need to cope with them in your daily life.
As we said above, this is what special damages is concerned with and we’ll cover several examples below. It is worth noting that special damages compensation is very often much higher than the equivalent general damages as this head of claim covers both past and future losses. Please be aware that you will need to present proof of the expenses you would like to recover, such as receipts or payslips.
Loss Of Earnings
Loss of earnings is present in most personal injury claims. If you have been off work for any length of time due to your injuries, you could be compensated for any lost pay. This also applies to future losses if you are unable to undertake any work or need to work reduced hours or at a lower intensity.
Care Costs
Domestic care and support can form part of your claim. Losing a limb could impact your mobility and make many household tasks quite challenging. You could get support with:
- Preparing meals and cleaning.
- Caring for any dependents.
- DIY and maintenance.
- Washing yourself and other hygiene-related tasks.
- Support and assistance with exercise, getting out and about and shopping.
Medical Expenses
Medical bills, including private healthcare, physiotherapy and counselling services, can all be funded by your compensation. Any ongoing treatments, such as prescriptions and checkups, can also be financed by the compensation payout.
Rehabilitation And Recovery
Rehabilitation and recovery will be massively important after using a limb. It will take time to adapt to any prosthetic, and this will affect how you get around and live your day-to-day life. A solicitor from our panel can refer you to the right specialists so you can start rehabilitation as soon as possible, and make sure these costs are factored into your final settlement figure.
Adaptations To Home And Car
A car with modified controls, additional warning sensors and cameras, as well as accessibility installations to your home, such as ramps, rails, accessible bathroom facilities and a stairlift, can all be funded with your compensation. What you require will depend on the exact nature of your injury, but the necessary modifications can all be installed so you can live as full a life as possible following physical trauma.
Cost Of Travel
Before you get a modified vehicle, you may need to take public or private transport to work, hospital appointments and other
Can Interim Payments Be Applied For With Loss Of Limb Claims?
Interim payments may be issued in cases where it appears likely compensation will be awarded, but the claimant has immediate costs they cannot cover without the payout. In these instances, the court may order an interim payment of compensation to cover the expenses, with the remainder being paid once the matter is settled.
A clear example of this would be a mortgage payment, rent or other housing bills. As you’ve been out of work, you can’t afford the next payment so you’ll require a percentage of the compensation to be released early. Any interim payments are deducted from the final settlement figure.
To get a more personalised idea of what your potential claim could be worth, as well as a free eligibility check, talk to our advisors today about loss of limbs claims using the contact information provided below.
Is There A Loss Of Limb Claims Time Limit?
Yes, there is a standard time limit of 3 years from the accident date, as per the Limitation Act 1980, for personal injury claims. This means that any legal action must be started within that time limit.
Now, in certain circumstances, exceptions can be granted. These are:
- Any minors who were injured will have the 3 years counted from their 18th birthday. This means injured children must start any claim by the time they turn 21.
- Persons who lack the mental capacity to claim for themselves will have the 3 years frozen completely. In cases where the injured person recovers to a suitable degree, the time limit will be counted from this date.
To initiate a potential claim as soon as possible, a litigation friend may be appointed. Litigation friends have decision-making authority over a claim and must direct the proceedings in a way that upholds the injured person’s best interests. While it is common to see parents or guardians claim on behalf of their children, any adult who meets the suitability criteria could apply.
To learn more about the time limits in loss of limb claims, and to see what exceptions are applicable in your particular circumstances, get in touch with our team today.
How Can I Prove My Limb Loss Was Due To Negligence?
You can prove your limb loss was due to negligence by providing the right evidence. This is something a solicitor from our panel can assist you with if you are eligible to make a claim. We have summarised a few examples of evidence here:
- Medical records including any scans, test results, examination notes and surgical reports. While the primary concern after a serious injury must always be your health, the records of the treatment you receive are very useful evidence in loss of limb claims.
- Video footage from CCTV, or any dash cams in the case of a road accident, will help show how the incident unfolded.
- Photographs can be taken of your injuries, the accident scene and its cause. You don’t have to take these yourself as it’s extremely likely your injuries will prevent you from doing so.
- Employers with 10 or more employees must maintain an accident book, and all accidents must be recorded. Again, as serious injuries will prevent you from making your own report, someone else can do so. The designated first aider should then verify the entry to ensure all the information is accurate.
- Any workplace documents such as maintenance schedules or training records can help highlight where these key measures fell short, or were ignored entirely.
- Colleagues, other road users and members of the public can all provide witness statements during the claims process. Make sure you have all the relevant contact information so the solicitor can take statements during the claim.
The evidence that is available to you will depend on the exact circumstances of your accident. To find out more about proving your claim, and to check if you are eligible to work with a solicitor from our panel of experts, get in touch today using the details provided below.
Can I Make A No Win No Fee Loss Of Limb Claim?
Yes, loss of limb claims can be made on a No Win No Fee basis if you meet the eligibility requirements. You can find out if you could claim in as little as a few minutes by talking to our advisors, who can then connect you to the right solicitor for you from our expert panel.
The solicitors on our panel have a proven track record of winning for their clients. They don’t believe in a one size fits all approach and work hard to understand the individual features of each claim, in order to provide the best possible legal representation.
Here are just some of the services they can offer and ways they can support you:
- Referring you to specialists for medical care, rehabilitation and other treatment.
- Organising an independent medical assessment.
- Assisting you with evidence gathering
- Calculating a potential compensation figure, including any loss of earnings and other costs.
- Keeping you informed of how your claim is progressing and explaining all the technical legal terms.
- Negotiating a settlement on your behalf.
Our expert panel can offer eligible claimants their services under a particular contract called a Conditional Fee Agreement or (CFA). This contract will protect you from solicitor fees both at the start of and during the claims process, as well as if the claim fails.
However, you will pay the success fee if the claim is won. This fee is capped at 25% by The Conditional Fee Agreements Order 2013. What this means is most of the compensation is yours to keep so really there is nothing to lose by finding out if you could make a claim.
Get In Touch With Our Advisors
You can get in touch with us at any time via the contact information given here:
- Call the team on 0800 408 7825.
- Contact us online.
- Click the live chat button in the bottom left of your screen.
Frequently Asked Questions
We’ve provided answers to a few frequently asked questions below.
Can I Claim On Behalf Of A Loved One?
Yes you could claim on behalf of a loved one if you are appointed as their litigation friend. If a family member dies due to their injuries, you could potentially make a fatal accident claim. Our advisors can provide more information on claiming on behalf of another person.
Will I Have To Go To Court For My Loss Of Limb Claim?
Most personal injury claims do not go to court and can be settled through negotiations and discussion between the two parties’ solicitors. There may also be a dispute resolution session, such as mediation, where a third party helps facilitate a resolution.
If, for whatever reason, your claim does go to court, then the solicitor will instruct the right barrister to present your case and support you until the trial’s conclusion.
Will It Take Long To Receive My Lost Limb Compensation?
Even straightforward claims take months to settle fully. The more complex a claim is, the longer it will take to receive compensation. This is because fault needs to be established, evidence gathered, injuries valued, and a settlement figure negotiated.
Does Losing A Limb Qualify For Disability?
Yes, it would qualify you for certain disability support, although exactly what you’re entitled to will vary depending on the exact impact on your daily life. Any loss of limb injury will impact your mobility and ability to carry out daily tasks. You can learn more about getting financial help for disability on the government website.
Learn More
You can read more of our serious injury claims guides on our website:
- Read our fatal injury compensation FAQ here.
- Find out if you could claim for a toe amputation with this guide.
- Check the eligibility requirements to claim dog bite compensation here.
We have also provided some additional information that you might find helpful:
- Learn more about administering first aid after an incident with this NHS guidance.
- Find out how to access support after losing a limb using this patient information page from the Gloucestershire Hospitals NHS Trust.
- Check the government guidance on Statutory Sick Pay (SSP) on their website.
Thank you for reading our guide to loss of limb claims.