If you have lost a limb via amputation or later had a limb removed due to the severity of an injury, the collateral damage to your life can be devastating. Navigating jarring changes, including mobility challenges, drastic shifts in body image and self-perception, and psychological hurdles such as PTSD, can leave you feeling lost. Especially if your amputation was not your fault. Here, at Legal Expert, we are specialists in our field and can help you navigate serious injury claims, including amputation claims.
Our solicitors are here to listen and fight tirelessly for your compensation that will help balance the scales. If you decide to work with us, you will be met by a holistic approach provided on No Win No Fee terms. We provide this funding option because we believe in accessible legal support, allowing you to focus on healing. If you wish to work with a team of solicitors who understand how an amputation can reshape your life and are capable of navigating thoughtful, long-term planning as a response, please get in touch. We’re here to help you when you’re ready.
4.8 (466 reviews) Can I Make An Amputation Claim?
Yes, you can make an amputation claim if you can prove that your amputation was caused by third-party negligence.
When in a workplace, on the road, existing in public spaces or undergoing medical care, we are legally owed a duty of care. In simple terms, a duty of care is a legal responsibility to ensure the safety of others.
Notably, the duty of care you are owed can look different depending on the setting. Please take a look at the distinctions regarding duty of care below:
At Work
As per the Health and Safety at Work etc Act 1974, your employer legally owes you a duty of care to keep you safe while on site. Specifically, your employer must take reasonable steps to ensure your safety, such as providing you with adequate training or completing regular maintenance checks on dangerous machinery. If your employer fails to take these reasonable steps and you are injured as a result, they may have breached their duty of care towards you, and you may have a valid amputation claim.
In Public
When you’re in public, the occupier (a person or company who has a sufficient level of control over a public space) must legally provide you with a duty of care, as per the Occupiers’ Liability Act 1975. An occupier’s duty of care specifically involves taking steps to ensure your reasonable safety while you are in a public place. Therefore, if you were injured in a public space and it wasn’t your fault, the occupier may have breached their duty of care.
On The Roads
When it comes to road users, they owe each other a duty of care and must follow the rules of the Highway Code and the Road Traffic Act 1988 to ensure the safety of everyone using the roads. Consequently, if a road user acts in a careless or dangerous way and another party is injured in a car accident as a result, they may have breached their duty of care.
In order for you to have an eligible amputation claim, you must meet the following eligibility requirements:
- An employer, occupier, or road user owed you a duty of care
- This duty of care was breached
- The breach of duty resulted in you suffering an injury
If you’re not quite sure whether you satisfy the eligibility criteria, don’t worry; we can confirm today if you have a valid claim. Simply contact us at your earliest convenience to find out more about amputation claims.
How Much Compensation Can I Get For An Amputation?
The amount of compensation you can get for an amputation will depend on the severity of your injury and whether you have incurred financial losses. When it comes to calculating your compensation, your solicitor will likely use the Judicial College Guidelines (JCG) to assist them. The JCG is a publication that consists of a comprehensive list of injuries, severities, and their related compensation brackets. Notably, this is covered by a head of claim called general damages.
When your general damages are being determined, your solicitor will investigate the following influential markers:
- The severity of the harm you suffered
- Whether it’s impacted your quality of life
- Whether you have suffered psychological damage
- Whether you have undergone invasive treatment
- Whether you have sustained deformity or disfigurement
- Whether you will encounter any pain and suffering in the future
To help give you a clearer understanding of what amputation compensation can look like, we’ve provided a table below containing several compensation brackets sourced from the JCG. Please note that the first figure is our own contribution and has not been selected from the JCG. We also kindly ask that you only use the contents of this table as a guideline when it comes to thinking about your own amputation compensation claim cover.
| INJURY | SEVERITY | COMPENSATION GUIDELINE |
|---|---|---|
| Multiple Severe Injuries plus Special Damages | Multiple Severe Injuries | Up to £1 Million+ |
| Arm | Loss of Both Arms | £293,850 to £366,100 |
| Loss of One Arm (i) | Not Less Than £167,380 | |
| Leg | Loss of Both Legs | £293,850 to £344,150 |
| Below-Knee Amputation of One Leg | £119,570 to £162,290 | |
| Foot | Amputation of Both Feet | £206,730 to £245,900 |
| Amputation of One Foot | £102,470 to £133,810 | |
| Hand | Amputation of Index and Middle and/or Ring Fingers | £75,550 to £110,750 |
| Amputation of Little Finger | £10,550 to £14,940 | |
| Toe | Amputation of All Toes | £44,570 to £68,430 |
Do you want fast and clear guidance on how much compensation you might be entitled to? We’re on hand to help you 24/7, so get in touch today to learn about amputation claims.
4.8 (466 reviews) What Other Damages Can Amputation Compensation Cover?
Amputation compensation covers both general (as discussed above) and special damages for financial losses. Special damages are a particularly important part of your compensation when it comes to serious injury, such as an amputation. This is because you’re more likely to incur significant financial losses when navigating an injury that is severe.
Please take a look at what financial losses can be covered under special damages:
Loss Of Earnings And Future Lost Income
An amputation will prevent you from working for a while, and you may even have to change jobs for less pay, resulting in future loss of income.
Cost Of Care
Even a young and fit person will require care in the initial stages of recovery, and more vulnerable individuals, will likely require professional care long-term. The level of amputation will also affect how much care a person may require.
Medical Expenses
With NHS waiting lists getting longer, many patients can turn toward private healthcare to attend to their extensive treatment plans regarding their amputation.
Rehabilitation And Therapy
Rehabilitation and therapy are required to restore function and independence, address physical and psychological challenges and help the individual adapt to their new life, leading to financial losses.
Adaptations To Home Or Car
Adaptations to a home or car are necessary to create accessibility and a safe environment for the individual, but both housing and vehicle modifications are expensive.
Travel Expenses
Due to the close monitoring a patient requires to prevent infection, bleeding, blood clots and poor wound healing, the individual will need to spend money travelling to and from various healthcare settings.
Other Costs
Special damages can cover other costs that the individual may have incurred, including prosthetics, property damage, vehicle damage, missed promotions and bonuses, and other miscellaneous related expenses.
Factors That Affect Amputation Compensation
The factors that affect amputation compensation can vary depending on the unique details of the claim. We’ve provided a few examples below of the potential influential factors:
Severity of amputation
The severity of your amputation will certainly influence the amount of compensation you may receive. As an illustration, compensation for a toe amputation would be different compared to that of an above-the-knee leg amputation.
Medical treatment and recovery
The extent of your medical treatment and recovery will also sway your final compensation amount. This is due to the significant financial impact of paying for private physio and therapy sessions. Moreover, the need for medical treatment will require you to take time off work and reduce your working hours upon your return.
The emotional and psychological impacts
Losing a limb has serious emotional and psychological impacts, which you can be compensated for. Not only will the diagnosis of a psychological injury increase your compensation, but it will also cover financial losses for any private counselling or psychiatric prescriptions you may need.
Please don’t hesitate to contact our department of advisors if you have any questions about how your own compensation may be influenced or amputation claims in general.
What Accidents Can Lead To An Amputation?
Accidents that can lead to amputation include traumatic events like machinery incidents, explosions and vehicle accidents. To give you a clearer picture of the accidents that can result in a severe injury of this nature, we have provided examples below in various settings:
Workplace Accidents
- A forklift truck malfunctions in a warehouse due to poor maintenance and checks, resulting in a nearby employee being pinned against a wall. Their leg gets crushed by the forklift and requires an above-the-knee amputation.
Road Traffic Accidents
- A drunk driver in a large van veers into the wrong side of the road, resulting in a head-on collision with a smaller vehicle. The front of the smaller vehicle caves in around the steering wheel, resulting in the driver’s hands being crushed, requiring them to have both hands amputated.
Public Place Accidents
- A member of the public is weightlifting at their local gym. The individual is unaware that the piece of machinery is broken, as it hasn’t been cordoned off. The accessory machine breaks and traps the person’s finger in a pinch point. The damage to the finger is severe and requires immediate amputation of several fingers.
If you have been affected by any of the above serious accidents, please speak to an advisor today so they can inform you how a specialist solicitor can help you with amputation claims.
4.8 (466 reviews) What If My Amputation Was Caused By Medical Negligence?
If your amputation was caused by medical negligence, you will need to prove that your medical professional breached their duty of care towards you in order for your claim to be valid.
The important thing we want to reinforce is that all medical professionals owe their patients a duty of care. This is a legal obligation. Specifically, a medical professional upholds this duty by providing a minimum standard of care recognised by relevant healthcare bodies.
To make it easier to understand whether you have a valid amputation medical negligence claim, we have provided the eligibility criteria below:
- A medical professional, such as a surgeon, owed you a duty of care
- They breached this duty
- This breach caused you to suffer avoidable or unnecessary harm
Just so you feel confident moving forward, regarding what medical negligence can look like, we’ve provided an example for you below:
- A patient develops gangrene in their lower leg because of poor post-surgical care and monitoring, resulting in an amputation below the knee
Another important detail you should be aware of is that not every instance of harm is caused by medical negligence. Sometimes, a patient can suffer harm despite the medical professional providing the correct standard of care.
Deepen your understanding of amputation claims in relation to medical negligence by speaking with one of our expert advisors today.
How To Prove Someone Else Was Liable For My Amputation
To prove someone else was liable for your amputation, you must gather strong evidence that shows the severity of the injury and third-party liability. Simply put, evidence strengthens your amputation claim because it validates your version of events.
Our solicitors have curated a list of strong examples of evidence that you can use in your own amputation claim:
- CCTV footage or dashcam footage
- Medical records clearly outlining the details of your injury and subsequent treatment
- Contact details of witnesses used by your solicitor for witness statements
- If you’ve had an accident at work, you can provide a copy of your incident report from the workplace accident book
- If you’ve been injured in a road traffic accident, you must get the insurance details of any drivers who were involved
Here at Legal Expert, we understand that adapting to life after an amputation can be overwhelming. Consequently, the thought of gathering evidence can be triggering, but you don’t have to do it alone. Our specialist solicitors can gather evidence on your behalf so you can focus on recovery. Speak to us today to find out more about this particular service.
What Are The Amputation Claims Time Limits?
The amputation claims time limits are either 3 years from the date you suffered the injury or from the date of knowledge (in medical negligence claims, this is the date that you would have been expected to realise that negligence occurred), as per the Limitation Act 1980. This is known as the limitation period, and it’s crucial that amputation claims are started within this time frame.
There are exceptions, and factual arguments can arise as to when the limitation period began to run, so we suggest speaking with an advisor to discuss this in greater detail. With that being said, we can acknowledge some exemptions for you now:
- Claims for children: The child can only claim independently between their 18th and 21st birthdays.
- Claims for those who lack mental capacity: For vulnerable adults who lack mental capacity, the 3-year time limit does not run unless they have fully recovered.
A litigation friend can claim on behalf of both these protected parties as these parties cannot claim for themselves. This is a legally appointed role, typically taken on by a family member, who will be responsible for any and all decision-making, representation and communication with legal professionals. The important thing to remember is that a litigation friend can claim on behalf of a protected person whilst the time limit is on hold.
When it comes to catastrophic injuries like amputations, we don’t want you to run out of time and miss your opportunity to balance in the scales in the form of compensation. Ring us today so we can tell you your eligibility regarding the legal time limit.
No Win No Fee Amputation Claims With Legal Expert
Here at Legal Expert, you can make No Win No Fee amputation claims with our solicitors, who will support you through seeking compensation for life-changing injuries. Specifically, our solicitors offer this funding option via a Conditional Fee Agreement contract. When it comes to the legal process, this means:
- You won’t have to pay any upfront solicitors’ fees
- You won’t have to pay any solicitors’ fees if your claim fails
- You won’t have to pay any solicitors’ fees if your claim is ongoing
If your claim wins, you will pay a success fee. Don’t worry, your solicitor will take the success fee directly from your compensation. Notably, this will be a legally capped percentage, as outlined by the Conditional Fee Agreements Order 2013.
Furthermore, our specialist amputation lawyers will have a holistic approach towards your claim by providing you with immediate access to our robust range of support services. This is because you deserve a legal team that not only understands the complexities of your case but is also committed to your well-being. Please take the time to look at the services we offer alongside amputation claims to help make the process easier:
- Tell you how strong your compensation claim is and its likelihood of success
- Determine a fair compensation figure
- Represent you in negotiations and court proceedings
- Get access to medical treatment that might not be available on the NHS
- Get access to an independent medical assessment to fortify your case
If you want to work with a legal team that cares about what happens to you and provides a No Win No Fee promise, get in touch with our advisors using the contact information below:
Contact Our Solicitors
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Learn More
If you would like to read some of our other guides, take a look at these below:
- Read our guide on broken bone claims.
- Have a look at our guide on crush injury claims.
- Browse our guide on serious injury car accident compensation.
For some additional resources to further expand your research, follow these links:
- Follow this link for emotional support following a limb amputation from the NHS.
- Learn how to get financial help if you’re disabled.
- Request CCTV footage of yourself from GOV.UK.
Thank you for taking the time to read our guide on amputation claims. We hope you have found it useful.
