This guide will look at how much compensation for the loss of a limb you could claim. It could be that you had to have your limb surgically amputated after an accident that was not your fault, or your limb was traumatically amputated in an accident caused by someone else. If this is the case, you could be able to claim compensation.
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 Is The Most Common Cause Of Limb Loss?
- Limb Loss In Road Traffic Accidents
- Limb Loss In Workplace Accidents
- How To Prove Your Compensation Claim For The Loss Of A Limb
- How Much Compensation For The Loss Of A Limb Can You Claim?
- Contact Us To Check How Much Compensation For The Loss Of A Limb Could Be Awarded
- 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 been in a traumatic crushing accident 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 your limb has had to be amputated.
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.
Limb loss could be connected to a variety of causes. Some examples could include:
- Severe infection, such as sepsis or meningitis
- Gangrene: This can occasionally be connected to diabetes
- Trauma, such as a crush or blast wound
- Deformity: Where there may be limited function
However, this list is not exhaustive, so try not to worry if you don’t see your situation here. If you speak to one of our helpful advisors, they can advise you further on whether you could make a valid claim.
According to The Highway Code, all road users have a duty of care to one another on the roads. 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.
To make a personal injury claim, you need to prove that the negligence of another party caused your amputation. Before speaking to a solicitor, it could be advisable to gather some evidence. This could include:
- Medical reports
- CCTV footage
- Witness contact details (for statements at a later date)
- Accident reports
When making a claim, your solicitor is likely to invite you for a medical appointment to assess your injuries’ severity and lasting effects. The results of this could be used as key evidence in your claim.
There are also time limitations attached to starting a personal injury claim. Claims generally have to be made within 3 years from the date of the accident or the date you became aware that your injuries were caused by negligence. There are a few exceptions to this rule to consider:
- Diminished mental capacity – If the claimant doesn’t have the mental capacity to claim, a litigation friend could claim on their behalf. In these instances, the time limit will be waived unless they recover their mental capacity. If they do, the 3-year time limit would begin from the date of recovery.
- Minors – If the injured person is under 18, an adult could make a claim for them, acting as a litigation friend. They would be able to do this until the child reaches 18, after which the claimant would have until the age of 21 to start their own claim.
This section will look at general and special damages in more detail. Our compensation table will look at the possible compensation amounts awarded for general damages. These figures are taken from the Judicial College Guidelines, where compensation amounts are collated from previous cases. These guidelines are used to help legal professionals calculate compensation amounts.
Injury Severity Amount Notes
Leg Amputation (i) £225,960 to £264,650 This involves cases where there may be a loss of both legs above the knee. Or perhaps one above, one below.
Leg Amputation (ii) £189,110 to £253,480 This involves cases where both legs are amputated just below the knee.
Leg Amputation (iii) £98,380 to £129,010 This involves cases where one leg has been amputated above the knee.
Leg Amputation (iv) £91,950 to £124,800 This involves cases where there has been a straightforward amputation of one leg below the knee. The higher end of this bracket will be awarded if the amputation was due to a traumatic injury or if the amputation was necessary after years of unsuccessful operations.
Arm Amputation (a) £225,960 to £281,520 This involves cases where both arms have been lost.
Arm Amputation (i) Not less than £128,710 This involves cases where one arm is amputated at the shoulder.
Arm Amputation (ii) £102,890 to £122,860 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.
Arm Amputation (iii) £90,250 to £102,890 This involves cases where one arm is amputated below the elbow. Severe phantom pains will attract higher compensation amounts.
When calculating compensation general damages awards for the loss of a limb, a few other factors will be considered. For leg amputations, they may take into account:
- The severity of phantom pains
- Associated psychological issues
- The success of prosthetics
- Risk of future degenerative issues with the hips and spine
- Other possible side effects
For arm amputations, they may take into account:
- Whether the amputation was above or below the elbow
- If the arm amputated was the dominant arm
- The intensity of phantom pains
- The effect on everyday life
- Claimant’s age
You could also be awarded special damages when making a personal injury claim, which covers the financial losses caused by your injury. This could include:
- Medical expenses the NHS does not cover
- Travel expenses
- Adjustments to the home
- Loss of past and future wages
- The cost of independence support, such as prosthetics
You would need to prove the costs incurred were due to your injury to claim special damages. For example, you could show bank statements or payslips.
If you’ve lost a limb due to someone else’s negligence, you could be able to claim compensation.
When you’ve been in an accident, the last thing you want is an expensive, drawn-out case. Our panel of solicitors could offer you a No Win No Fee agreement. This can be a way to fund the services of a solicitor for a personal injury claim, as it means your solicitor will not ask for any upfront or ongoing payments of their fees if your claim is unsuccessful.
In the event your claim is successful, your solicitor will take a success fee from your compensation once it is fully paid. You will discuss this fee beforehand with your solicitor, and it is legally capped so you can get the majority of your compensation.
Contact us today to see how much compensation for the loss of a limb you could claim. Our advisors can give you more information and could connect you with a solicitor from our panel.
- Call us on 0800 408 7825
- Use the contact form on our site
- Use our live chat to get instant responses
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.
Thank you for reading our article on how much compensation for a loss of limb you could claim.
Article by AO