By Lewis Houston. Last Updated 29th August 2023. This guide will look at how much compensation for the loss of a limb you could potentially receive if you have strong grounds to make a claim. It could be that you had to have a limb surgically amputated after an accident that was caused by another party’s negligent behaviour. Or your limb may have been traumatically amputated in an accident that someone else was at least partially responsible for. In either case, you may be able to claim compensation for your amputated limb and any other injuries directly caused by the accident.
In order to make a personal injury claim, you would need to provide evidence that it was the negligence of another party that caused your injuries. For someone to be at fault, it most often means that they have breached their duty of care towards you, resulting in an accident that has caused harm. Read on for more information about duty of care and relevant evidence types.
Our team of advisors can offer free legal advice and are available 24/7. They could even connect you with an experienced No Win No Fee solicitor from our panel if they think your claim has a good chance for success.
Continue reading for more information about how much compensation for the loss of a limb you could claim. Alternatively, get in touch with us at any time.
Select A Section
- How Much Compensation For The Loss Of A Limb Do You Get?
- What Could Cause The Loss Of A Limb?
- Limb Loss In Road Traffic Accidents
- Limb Loss In Workplace Accidents
- Can I Claim For The Loss Of A Limb?
- Loss Of Limb Compensation – How Much Can I Claim For A Lost Limb?
- Amputation Claims With A No Win No Fee Solicitor
- Medical And Claims Resource
The NHS defines amputation as a procedure where a body part is surgically removed, such as an arm or leg. Or, in cases of traumatic amputation, this could be where your limb is severed as a result of trauma in accidents.
Losing a limb could have a huge impact on your quality of life. It could drastically change your everyday routine and mean you have to make difficult adjustments to how you live. And it could happen in a variety of ways.
Perhaps you’ve suffered a traumatic crush injury that has necessitated the surgical amputation of a limb. Or perhaps you’ve experienced medical negligence that has led to a pre-existing condition worsening to the point where having a limb amputated becomes necessary.
Regardless of the situation, you could be eligible for compensation if the negligence of another party caused your amputation. You could claim for general and special damages. General damages cover the value of the injury itself, and special damages are awarded for financial losses caused by the injury. We will look at both heads of claim in more detail later.
There are many types of accidents that might result in you losing a limb. For example:
- A road traffic accident – Road users have a duty to take care whilst on the road in order to avoid causing injury to other road users. If they breach this duty, it could lead to you experiencing harm. For example, another road user may drive over the speed limit causing them to knock you over while you’re crossing the road. As a result, your legs are crushed and later surgically amputated. Subsequently, you might be eligible to make a leg amputation claim.
- An accident at work – Employers have a duty of care to take reasonable steps to prevent harm to employees in the workplace. This could include ensuring machinery is safe and fit for purpose. A failure to do so could result in you experiencing a traumatic amputation while using faulty equipment.
If you can prove your injury was caused by a breach of duty, you may have grounds for a valid amputation compensation claim. Get in touch if you would like an advisor to discuss the process of claiming for losing a limb.
According to the Road Traffic Act 1988. road users have a duty of care to one another on the roads. Additionally, The Highway Code provides guidance on the responsibilities each road user has. Essentially, they should use the roads with standard care and skill and avoid harming others. A road traffic accident can occur when road users breach their duty of care towards one another.
Road traffic accidents could occur in a multitude of ways. For example, you could be driving a car when another vehicle drives into the back of yours. Or you could be a cyclist, and a motorcyclist doesn’t pay attention and knocks you from your bike.
Road accidents could lead to a loss of a limb if the accident results in some form of crushing injury, for example, or even a traumatic amputation in severe cases.
Road traffic accidents won’t necessarily always result in the loss of a limb. Other commonly suffered injuries could include fractures, lacerations and whiplash.
Under the Health and Safety at Work etc. Act 1974, employers have a duty of care towards all employees. This means that they should be taking all reasonably practicable steps to ensure the safety of employees in the workplace. When this duty of care is breached, leading to an accident and harm, this is when employers can be held liable for compensation.
This breach of duty could cause a variety of accidents leading to amputation. For example, if a machine is not being maintained properly, it could malfunction and lead to traumatic amputation. Or, if you’re not receiving the correct training for heavy lifting, a resulting crush injury could lead to surgical amputation.
Workplace accidents could also lead to other types of injuries, such as sprains and strains or broken bones.
When seeking compensation for the loss of a limb, it is vital that you collect sufficient evidence. This will need to show that you suffered your amputation due to a relevant third party breaching their duty of care.
Some examples of the evidence that could help support your claim include:
- Video footage of the accident that resulted in either a traumatic amputation or the need to have the limb surgically removed. For example, from CCTV.
- Photographs from the accident scene or of your injuries.
- A copy of your medical records stating the type of injury you suffered, and the treatment required.
- The contact details of anyone who saw the incident so they can provide a witness statement later into the claiming process.
In addition to obtaining sufficient evidence, you will need to start your claim within the three-year personal injury claims time limit. This is set by the Limitation Act 1980. However, there are some exceptions to this.
Please call our advisors today to find out more about the limitation period exceptions or anything else you might like to know about loss of limb claims.
While there is no official amputation compensation chart for UK claims, the Judicial College Guidelines (JCG) can be used to help evaluate general damages for an amputation claim. General damages is compensation for the pain and suffering caused by the injury.
The JCG contains several listings for loss of limb injuries alongside bracketed compensation amounts. Some of these are shown in the table below. However, every payout is affected by various factors, so do not take the figures shown as guaranteed.
|(a) Amputations (i)
|Both legs have been amputated above the knee. Or one leg has been amputated above the knee and the other below.
|£240,790 to £282,010
|(a) Amputations (ii)
|Both legs have been amputated below the knee. Factors such as phantom pain and psychological issues will affect how much is awarded.
|£201,490 to £270,100
|(a) Amputations (iii)
|One leg has been amputated above the knee.
|£104,830 to £137,470
|(a) Amputations (iv)
|One leg has been amputated below the knee. Whether the amputation had any complications will affect how much is awarded..
|£97,980 to £132,990
|Both arms have been amputated.
|£240,790 to £300,000
|One arm has been amputated at the shoulder.
|Not less than £137,160
|This involves cases where one arm is amputated above the elbow. If an above elbow amputation creates difficulties when using a prosthetic, this will bring a higher award.
|£109,650 to £130,930
|This involves cases where one arm is amputated below the elbow. Severe phantom pains will attract higher compensation amounts.
|£96,160 to £109,650
Additionally, you could be able to seek special damages, which is compensation for the financial effect your loss of limb may have had on you. If your lost limb has resulted in:
- Lost earnings
- Care or treatment costs
- Needing to purchase aids to help you cope with your injury
- Travel expenses
Then you could seek compensation for these losses in the form of special damages. Please reach out to one of our advisers to learn more about what could be included in your loss of limb compensation.
A No Win No Fee solicitor from our panel could help you make a leg amputation claim, provided your case is valid. Using their experience and knowledge, they’ll ensure all bases of your claim are covered. Additionally, they may offer you a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement, and means you won’t have to pay your solicitor any service fees upfront or during the claims process. Additionally, you will not have to pay them for their work if your claim is unsuccessful.
If your claim succeeds, you will pay your solicitor a success fee. This is a percentage of your compensation that is subjected to a legal cap.
To discuss your claim for loss of limb compensation, or to potentially be connected with a solicitor from our panel, you can contact our advisors by:
Thank you for reading our guide on loss of limb compensation claims. We hope you found it helpful. For more relevant resources, see below.
Local Council Personal Injury Claims Guide – A guide on claiming against the local council after a public accident.
Amputated Forefoot Compensation Claims Guide – An article outlining how much you could claim after an amputated forefoot.
Nerve Damage Compensation Claims Guide – A guide on how to claim compensation after nerve damage.
Health and Safety Executive – Britain’s regulator on safety at work.
Limbless Association – A registered charity aiming to support those living with limb loss.
Statutory Sick Pay – An overview of statutory sick pay and how you can access it after an accident has led to a loss of wages.
Royal Society for the Prevention of Accidents – A charity that aims to reduce the rate of accidental injury through advice and guidance.
We hope that our article on how much compensation for a loss of limb you could claim has been useful. You can get in touch with our advisors here at Public Interest Lawyers if you would like more advice or other support on amputation claims. You can find our contact details to reach us within this guide.
Article by AO