How Amputation Claims Solicitors Could Help You

If you are wondering how amputation claims work, this guide could help. It contains information that might help you claim compensation for the pain and suffering you’ve experienced as a result of your injury.

Amputation claims guide

Amputation claims guide

Our advisers may be able to offer you information tailored to your specific circumstances. For example, they may have insight on whether you could claim for multiple injuries, such as an amputated limb and the psychological damage caused by the experience. They could also confirm whether you have a case with a good chance of success.

Read on to learn more on this topic. Alternatively, you can get in touch with our team of advisers to discuss amputation claims in greater detail. Contact us by:

  • Reaching us on the phone at 0800 408 7825
  • Speaking with an advisor via the live chat feature below
  • Filling in our online contact form with your query

Select A Section

  1. What Are Amputations?
  2. Accidents Leading To Amputations
  3. Medical And Surgical Negligence Leading To Amputations
  4. How To Make Amputation Claims
  5. How Are Amputation Claims Calculated?
  6. Start A No Win No Fee Claim With Our Team

What Are Amputations?

Amputations are severe injuries that can result from traumatic accidents. They involve the removal of a limb or digit and can happen during the accident itself or can be performed in the process of treating you after a body part has been severely injured.

The loss of a body part that occurs as a direct result of an accident is called traumatic amputation. The removal of a limb during surgery is called surgical amputation and usually occurs because the limb cannot be salvaged.

In order to claim compensation for your injuries, you must show someone who owed you a duty of care was negligent. This involves establishing the following criteria:

  1. A person owed you a duty of care. This could be an employer or an ‘occupier’, which we’ll discuss later.
  2. That person breached their duty.
  3. Because of this breach, you sustained harm

Read on to learn more about amputation claims. Alternatively, speak to our advisers today.

What Is Considered A Partial Amputation?

There are two different levels of amputation that could take place. The first is called ‘partial amputation’ and refers to the partial amputation of a body part.

For example, a workplace accident that results in a crushing injury could require a below-the-knee amputation of your leg. This would be considered a partial amputation.

What Is A Complete Amputation?

Complete amputation involves a total loss of a limb or other body part. For example, if you are involved in a car accident that injures your arm, your arm could be amputated at the point where the limb joins your shoulder; this would be considered a complete amputation.

If you would like to discuss amputation claims with another person, get in touch with our advisers. They can listen to your circumstances and offer advice about what to do next.

Accidents Leading To Amputations

Accidents resulting in an amputation injury can be quite severe. However, minor accidents that occur on a repeated basis could also lead to surgical amputation, as demonstrated in this Health and Safety Executive (HSE) case study about slip accidents.

Further circumstances that could lead to amputation claims include:

  • A worker’s leg is crushed beneath a forklift operated by an untrained driver. Failing to provide training to employees is a breach of an employer’s duty of care as outlined in the Health and Safety at Work etc. Act 1974.
  • A child’s finger becomes trapped by defective play equipment in a park that had not been maintained. Those in control of public spaces owe a duty of care under the Occupiers’ Liability Act 1957.

It is important to note you may be able to claim compensation following a road traffic accident, an injury in a public place, or an accident at work. The key factor is proving that someone who owed you a duty of care was negligent. If you’d like some insight into your personal circumstances, contact our advisers.

Medical And Surgical Negligence Leading To Amputations

While some accidents may result in the traumatic amputation of a limb, clinical negligence could also lead to the loss of a body part. Some examples of this could include:

  • A surgeon amputates the wrong leg. This is an example of surgical negligence.
  • A patient’s diabetes is not correctly diagnosed, and they lose a foot or leg as a result.
  • A patient’s cancer diagnosis is delayed to the point of requiring amputation.

A medical professional is required to give you an appropriate level of care. If they fail to provide this and you’re caused unnecessary harm, you could be entitled to claim compensation.

Get in touch with our advisers if you have evidence to show your amputation occurred as a result of medical negligence. If you have a valid case, they could connect you with a No WIn No Fee solicitor

How To Make Amputation Claims

It is important to begin your claim before the time limit has expired. For amputation claims, these time limits are generally:

  • 3 years from the date of the incident
  • 3 years from the date you realised, or could reasonably be expected to realise, that your amputation was a result of negligence

Some exceptions to these limits do exist, such as for injured children or those who don’t have the mental capacity to claim themselves. In both of these instances, the limit is suspended while they cannot claim themselves.

If they become able to claim themselves, either through turning 18 or gaining the mental capacity to pursue their own claim, then they have 3 years from the date that this occurs to do so. Alternatively, someone may become their litigation friend and begin a claim before these dates are reached. The time limit for claiming is suspended while the injured person is unable to do so themselves.

You can also gather evidence that may support your claim. This can include:

  • Filling in the accident book, if appropriate
  • Taking photos of the place where the accident occurred
  • Collecting contact details of anyone who witnessed the accident
  • Keeping medical correspondence, including medical reports

To learn more about evidence that can be used to support amputation claims, get in touch with our advisers.

How Are Amputation Claims Calculated?

Personal injury claims can be paid out in up to two heads of claim; general damages and special damages. These are intended to compensate you for two different aspects of hardship caused by your injury.

General damages are intended to recompense you for the pain and suffering caused by your injury. Instead of including a personal injury calculator, we’ve added a table showing compensation brackets taken from the Judicial College Guidelines (JCG). The JGC is a document that a personal injury solicitor will usually refer to when assessing a claim.

Edit
Affected Body Part Injury Type Compensation Bracket
Amputation of Arms (a) Loss of Both Arms £240,790 to £300,000
Amputation of Arms (b) Loss of One Arm At The Shoulder Not less than £137,160
Amputation of Arms (c) Above-elbow Amputation of One Arm £109,650 to £130,930
Amputation of Legs (a) (i) Loss of Both Legs £240,790 to £282,010
Amputation of Legs (a) (ii) Below-knee Amputation of Both Legs £201,490 to £270,100
Amputation of Legs (a) (iii) Above-knee Amputation of One Leg £104,830 to £137,470
Amputation of Legs (a) (iv) Below-knee Amputation of One Leg £97,980 to £132,990
Amputation of Hands (a) Total or Effective Loss of Both Hands £140,660 to £201,490
Amputation of Hands (d) Amputation of Index and Middle and/or Ring Fingers £61,910 to £90,750
Amputation of Feet (b) Amputation of One Foot £83,960 to £109,650

The figures shown in the table are intended only as a guideline. Your actual settlement could differ.

Special damages may be awarded to reimburse you for financial losses suffered as a result of your injury. They can help you recoup:

  • Loss of earnings
  • Loss of future earnings
  • Injury-related travel expenses, such as getting to hospital appointments
  • Medications and physiotherapy

Get in touch with our advisers to learn more about the special damages that could be awarded in amputation claims. If you have a valid case, you could be put in touch with a No Win No Fee solicitor.

Start A No Win No Fee Claim With Our Team

If you contact our advisers and they feel your claim is valid, they may put you in touch with one of the solicitors on our panel. In turn, that solicitor may offer you a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA).

Under the terms of this agreement, you do not usually have to pay anything upfront to retain a solicitor’s services. You also generally do not pay if your claim fails.

Instead, if your claim is successful, you pay a small percentage of your compensation, which is known as a success fee. This amount is capped by law.

If you’d like to talk to someone about the events surrounding your amputation, contact our advisers today. They can offer you advice about how to proceed, and the consultation is free. Get in touch by:

  • Reaching us on the phone at 0800 408 7825
  • Speaking with an advisor via the live chat feature below
  • Filling in our online contact form with your query

Learn More About Amputation Claims

More of our guides:

Who is liable for an accident in a public place?

Can I claim compensation for a medication error?

How long after an accident at work can I make a claim?

Other resources that may be of use:

Specified Injuries – Workplace injuries that must be reported to the Health and Safety Executive

Request CCTV Footage – Guidance for requesting CCTV footage that you appear in

Amputation Foundation – A charity that supports people who have undergone amputation

We hope you have found useful information in this amputation claims article. Please contact us if you have further questions using the details above.

Article by OI

Publisher ET