How Much Compensation Can I Claim For An Amputation Claim? JY January update 2021
According to data from the NHS’s Hospital Episode Statistics (HES), there were approximately 12,500 amputations performed in England between 2013 and 2014. A number of these surgeries were the result of serious accidents, including car accidents and workplace accidents, including crush injuries. In addition to this, amputations can be deemed necessary as a result of medical negligence, although this is less common. However, surgical intervention may be required if serious clinical negligence is involved.
If you were injured in an accident which resulted in an amputation, you should file an amputation claim with the help of a good lawyer. Not only will you ensure that your rights are protected, but you get the loss of limb payment you deserve.
Select a section:
- What is an amputation?
- A guide to amputation injury accident claims.
- What to do if you are involved in an accident causing an amputation?
- Claiming compensation for an amputation injury at work.
- Claiming compensation for an amputation injury in a public place.
- Judging the severity of an amputation injury.
- How to begin an amputation injury accident compensation claim.
- What can be claimed for after an accident causing an amputation?
- How much compensation will I get for an accident causing an amputation?
- No win no fee amputation injury claims.
- Why choose us as your claims service for an amputation injury claim?
- Call for free advice and to start a claim.
Amputation is the surgical removal of a limb. It is usually done to prevent the effects of gangrene or necrosis from impacting the health of the rest of the body, or when the damage done to the body part renders it more of an impetus than if it were removed entirely. Amputation can also be performed to prevent chronic pain issues from a diseased or damaged body part. Amputation can range from the removal of a toe or finger to an entire limb.
We understand how daunting it can be to talk to a lawyer for the first time about a compensation claim. This is a conversation that no one truly wants to have. But every year, thousands of injured people and their families have this conversation, setting them on the road to recovery.
We understand that deciding whether you should make a personal injury claim for amputation, as well as who should represent you, is a serious decision. At our law firm, you will find a friendly team who will be more than happy to talk you through the amputation claims process. This includes how we can be of service and – if you have a case – what options are available to you.
Our firm provides a personal service to each client, from the first phone call or meeting to the day your cheque for damages arrives. We are committed to delivering a world-class legal service for people who have suffered an amputation injury and their families. Our priority is to simplify the process, relieving the strain and stress on the injured person and their family while striving to bring their case to a swift and successful conclusion.
There are certain steps you should take if you have been in an accident that led to the need for an amputation of the hand, amputation of foot and ankle, or any other amputation. Here is a brief look at what you should do after being involved in any such accident:
- Get Medical Attention: Whether you sustain serious injuries or not, you should seek medical attention as quickly as you can. Furthermore, a medical report is a critical document, one which plays a vital role when filing a personal injury claim for amputation compensation. Make sure that you keep this and any insurance paperwork in a safe place.
- Call the Police: One of the first things you should do is call the police. A police report is an important document that is needed when filing amputation claims (or any other personal injury claim for that matter.)
- Take Photos: Ideally, you should take as many photos of the accident scene as possible. Photos of your injuries and damage to property should also be available when you file your claim, so take multiple photos of those as well.
- Get Witness Details: If there are witnesses to your accident, try and get as much information as you can. Take down their personal details, like names, phone numbers, addresses, etc. This will be useful when you need witnesses to prove that the accident was not your fault and that you are indeed entitled to receive compensation for your amputation.
In addition to traffic accidents, workplace accidents are a leading cause of amputation injury. Unfortunately, there are quite a few occupations that are considered high risk. These include (but are not limited to) construction, factory, quarry, and mining work. As many employers neglect to provide their employees with proper safety equipment and guidance, the sad truth is that many workplace accidents are preventable. As a result, employers are often liable for incidents such as the amputation of the big toe, amputation of the hand, and other appendages.
If there is evidence that your amputation was caused by negligence, then you may be entitled to amputation compensation. There can be serious consequences for the injured person and their loved ones if an accident results in an amputation. It leads to great physical and mental distress, plus the emotional upset brought on by this life-changing injury.
An injury of this magnitude typically involves long-term rehabilitation such as physiotherapy, plastic surgery, and medication, as well as a considerable psychological impact, especially if you have had an amputation gone wrong. It also means that an amputation injury may require lifestyle changes, like modifications to a home, adapting to a prosthetic limb, and using a specialist aid such as a walking stick.
To make a claim for amputation compensation, it is important to find a law firm or solicitor who has experience and expertise in these types of personal injury claims. They will have dealt with such claims and will have a complete understanding of the many issues involved and how to proceed with a successful claim.
Your solicitor will assess your claim and examine each and every piece of evidence to support it. They will be able to advise you about the possible outcome of your claim and ensure that you are updated as the process progresses.
Accidents in public places such as parks, bus stops, and pavements are very common and they can happen at any time. As specialists, we’ve seen many such public incidents, up to and including amputation injury, and we often refer to these as public liability accidents. Indeed, the phrase ‘public liability’ refers to the fact that there is a public body, company, or another party who is either:
- liable for your injury
- or the owner or occupier of the property upon which you were injured.
The owner of a public place has a legal duty to make sure that all areas that are accessed by the public are safe and carry minimal risk of injury. Examples of accidents in a public place include falls, slip, or trips on uneven roads and pavements, as well as other surfaces, or in commercial premises such as shops, supermarkets, restaurants, cafés, pubs, and car parks.
If you have sustained an amputation injury in a public place, you should make sure that you look for a solicitor who has experience in handling these types of personal injury cases. Ideally, they will have handled countless claims like yours and can advise you accordingly. They will be able to determine whether you have a strong case for amputation compensation, whether you can prove negligence, and what that potential outcome might be. Keep in mind that finding a solicitor or lawyer as soon as possible is crucial. The time limits are strict when it comes to personal injury claims, whether you have an amputation of a little toe or a larger body part.
Accidents can cause different types of injuries. While some injuries might be mild and only cause minor discomfort, there are those serious which could result in serious long term effects, something true of any amputation injury. Needless to say, it will affect you for the rest of your life.
It’s possible to evaluate the seriousness of your amputation injury through the use of documents, such as your medical records. These documents will show the medical procedures you have undergone, as well as the expenses incurred due to the injury.
Keep in mind that your claim will be largely influenced by the severity of the injury you sustained.
When you contact our law firm, the first thing we will do is take your personal details and the details of your accident. This information will then be reviewed with a partner. Together, we will decide if we can represent you in your claim and we will call you back to let you know our decision.
All the necessary documentation for your claim will be created and sent to you. We will then pass over your file to our experienced solicitors who will handle your claim.
- We will immediately get in touch with you to explain the next steps that need to be taken for your claim and to gather any additional information that we may require before moving ahead with your case.
- We will gather any further evidence in order to support your claim, including obtaining more information from you, writing to witnesses, and contacting your employer with regards to any financial losses. When we have gathered enough information, we will notify the party responsible and inform them that a claim is being made against them. This will either be the individual directly responsible for your accident, a public body, company, or insurer – they are considered the Defendant, to use a legal term.
- We will make arrangements to obtain copies of your medical records and book an appointment with an independent health expert. This will help us evaluate your injuries and prepare a detailed medical report. We may also be able to arrange any necessary treatments for your injury, like physiotherapy.
- We will then wait for a response from the Defendant. When a response needs to come from an insurer, it can depend on when or where your accident took place, or even on the type of accident that caused your amputation injury.
- Initially, the ‘pre-action protocol’ governs all personal injury claims. This encourages the exchange of information and is designed to help Defendants and Claimants settle cases as quickly as possible, sometimes without the need for court proceedings to be issued. The pre-action protocol sets time limits with which both you and the Defendant need to acknowledge and respond to in written correspondence. If we feel that it is the right move to make, we will issue court proceedings.
- Once the Defendant or their insurer responds, and they admit liability, then the next step is to start negotiating a settlement on your behalf, providing your medical evidence is finalised and it is appropriate to negotiate. If the Defendant denies liability, then they must provide reasons and documentation to support their decision. Any necessary investigation will be conducted on our end in order to dispute these reasons and to try and secure an admission that they are, in fact, liable for the accident in question.
- When there is an admission of liability, we will consider disclosing your medical evidence to the Defendant to give them the opportunity to make a settlement offer. This part of the process needs to be done before issuing court proceedings. Your medical report will contain an expert medical opinion on the severity of your injuries and the number of months or years they could last. This will provide both parties with an idea of the cost of your injuries. Additionally, we will draft a document called a ‘schedule of special damages’ which is a list of the financial losses you have suffered as a result of your injuries. This document will also form part of your amputation compensation.
The Defendant can make an offer for settlement at any time. Our law firm prides itself on being able to negotiate and secure the best possible compensation for our clients. As such, we settle most amputation claims without the need for a court trial.
At our law firm, we are happy to deal with your claim by way of our ‘No Win No Fee’ arrangement, which is also known as a Conditional Fee Agreement (CFA).
Settlements for amputation claims can be among the most substantial we handle, given the devastating impact an amputation has on your life and the potential impact on your capacity to earn. When you start your claim with us, your solicitor will handle negotiations on your behalf to make sure that you get the amount of compensation you deserve. They will also let you know the potential value of your settlement as quickly as possible – how much compensation for arm amputation, how much compensation for leg amputation, and other information you might find useful. You can obtain compensation for damages such as:
- Loss of Earnings: Due to your injury, you may not be able to work for the rest of your life. It may also have caused you to take time off work to fully recover, especially since the fitting of a prosthetic limb can take several months. Your solicitor will consider your loss of earnings and include full compensation for this loss in the negotiations. In some cases, you may be eligible to receive an interim payment to cover the immediate costs incurred by your injury.
- Medical Expenses: With an injury as serious as an amputation, you may require ongoing medical treatment, check-ups or physiotherapy during your recovery as well as in the future. You can claim the cost of care that is provided by a paid professional or by a member of your family. Your solicitor will include this in your final settlement.
- Care Claim: A care claim is an important part of any settlement. If you have needed help around the house after the accident, the person who provided the help and care can file a care claim.
- Rehabilitation: When you have suffered a serious injury, rehabilitation makes up a large part of the recovery period. As well as physiotherapy and practicing to walk or function with a prosthetic limb following an arm amputation, for example, there are many other aspects that you need to go through in order to resume your day-to-day life. Adaptations may also be required in your home and car to make it more accessible and to suit your needs.
- Travel Expenses: Money spent on going to and from the hospital, rehabilitation centre, etc. can add up to a fairly significant amount. You need to take this into consideration when negotiating a settlement.
- General Damages: These are the damages relating to the pain and suffering you experienced as a result of the accident. Your solicitor will include this in the list of damages that the Defendant will pay for in the settlement.
Because each injury case is unique, it is almost impossible to put an exact value on claims without knowing the full circumstances of the accident. However, we are experienced in dealing with amputation claims and know how best to put a figure on the pain you have suffered and the costs you have incurred as a result of your amputation.
The amount of compensation you receive is, in most cases, directly proportional to the extent of the injuries you have suffered. What this generally means is that the more severe your injuries, the higher the compensation amount you would expect to receive.
|Arm amputated at shoulder||At least £128,710|
|Above elbow amputation||£102,890 to £122,860|
|Below elbow amputation||£90,250 to £102,890|
|Amputation of middle, index or ring fingers||£58,100 to £85,170|
|Amputation of little finger||£8,110 to £11,490|
|Amputation of phalanges of index and middle fingers||In the region of £23,460|
|Amputation of ring and middle fingers||In the region of £20,480|
|Amputation of both legs||£225,960 to £264,650|
|Amputation of both legs below knee||£189,110 to £253,480|
|Amputation of one leg above kjnee||£98,380 to £129,010|
There are two factors that your solicitor will use to calculate an approximate figure – first is, of course, the severity of your injury and second, any emotional or mental repercussions that the injury may have caused.
A ‘No Win No Fee’ agreement is an arrangement that is made between you and your lawyer or solicitor. It means that if your amputation injury claim does not have a successful outcome, you do not pay your solicitor for the work they have performed. On the other hand, if your claim is successful, the other party – in most cases, an insurance company – will pay a part of your solicitor’s fees. Providing you have not misled us, if you lose, you will not pay anything.
With ‘No Win No Fee’ claims, we assess the merits of amputation claims with the information you provide – this is what helps us determine the potential success rate. Based on the success rate, the solicitor decides whether they can take your case on a ‘No Win No Fee’ basis.
The overall fee in ‘No Win No Fee’ claims is limited to 25%. A ‘No Win No Fee’ amputation injury claim is a good option for those that have limited resources, especially as there is no financial risk to worry about.
If you want to file an amputation injury claim, our law firm is the ideal choice. We have an experienced team of solicitors who specialise in such cases and will handle your claim with due diligence and hard work. We always seek to ensure a successful outcome.
In addition to our years of experience, we have the expertise and knowledge to handle each unique case in the proper manner. We understand the devastating effects an amputation injury can have on your life, as well as the lives of your loved ones, and we care enough to give you nothing but our best when you file a claim.
With our team of experts on your side, you can be sure that any successful claim results in the compensation you deserve. Choose us to handle your amputation injury claim and get a legal team that truly cares about your well-being and your future.
If you or a loved one has suffered a serious injury or an accident resulting in the amputation of a limb, give us a call at 0800 073 8804 for free advice. When it comes to amputation claims, our team of top professionals can help you get the compensation you deserve.