How To Make A Partial Finger Amputation Compensation Claim
A door that suddenly slams shut and catches the tip of your finger can be all that it takes to severe it. If you are looking for information about what you can do after an accident like this, this article can help. Partial finger amputation compensation could be awarded if you can prove that the injury was caused because of negligence.
Our advisors can answer your questions about claiming for a lost finger that was not your fault. If the actions of your employer, another road user or someone in charge of public facilities failed in their legal duty of care to protect your safety, we can help. Traumatic amputation is a serious and life-altering injury. Speak to our team to start a claim for partial finger amputation as part of a personal injury compensation claim today.
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- Partially Amputated Finger Injury – What Is It?
- Traumatic Amputation vs Surgical Amputations
- Evidence Needed For A Partial Finger Amputation Claim
- Partial Finger Amputations Caused By Medical Negligence
- Who Could You Make A Partial Finger Amputation Claim Against?
- Partial Finger Amputation Compensation Claims Calculator
- Special Damages You May Claim For Partial Finger Amputation Compensation
- No Win No Fee Partial Finger Amputation Compensation Claim
- Start Your Claim
- Learn More
Partial amputation of the finger can affect any of the five digits or the part of the hand to which they are attached. Depending on the severity, one or more fingers can be torn from the hand during an accident. Accidents like these can happen at work, on the roads or in public.
Hospital A&E departments regularly encounter finger injuries given the array of tasks our fingers perform each day. When fingers are severely injured it may be necessary to surgically remove more of the finger to ensure function. This course of action is a last resort and in many cases, lost digits can be surgically reattached. You may also suffer psychological injury as you readjust to daily activities with an amputated finger.
Traumatic Amputation vs Surgical Amputations
Traumatic amputation is the result of an accident or sudden injury. This can happen in a multitude of different ways like in a car accident, while at work or out in a public place. It differs from surgical amputation as fingers may need to be surgically removed during an operation because they pose a risk to the person.
Below we look at example scenarios that could cause a finger to be traumatically amputated:
- When a factory machine has no safety guard and an employee’s finger is trapped in the mechanism.
- If an office chair is broken and traps an employee’s finger.
- When a fire exit door is broken and slams shut on a person’s hand
- Playground equipment such as a swing is faulty and traps a child’s finger
- In a road traffic accident when a pedestrian’s hand is run over by a van.
Personal injury claims for partial finger amputation compensation are possible if you can prove that the actions of others who owed you a duty of care directly caused your injuries. This evidence is the essential foundation of your claim. To prove liability of a third party, you can assemble proof in the following ways:
- You can obtain CCTV footage that shows the accident
- Witness details are important in case a statement is needed later on
- Photographs of the cause of the accident
- Log book copies of entries about the incident
- Medical records
For an accident at work, there is also a system for reporting serious injuries called RIDDOR. An amputated finger would always be considered a serious injury that would warrant being reported in this way. Because of this, it’s advisable for you to obtain a copy.
Criminal Injuries Compensation Authority (CICA)
Compensation for assault can also be sought through an organisation called the Criminal Injuries Compensation Authority (CICA). This body can award damages to victims of serious crime under certain circumstances.
The crime must be reported and you need to be willing to co-operate with the police to apprehend your attacker. If successful, the CICA can award an amount to you if no other form of compensation seems plausible. For example, this may be the case if your attacker is never apprehended.
Motor Insurer’s Bureau (MIB)
Similarly, the Motor Insurers’ Bureau (MIB) can help pay awards if the driver who harmed you was uninsured or untraceable. It can be useful to speak with our advisors to see what recommendations they can make to guide your claim to the most beneficial outcome for you.
Medical negligence claims can be complex. It’s important to establish clearly at the start that your injuries were the result of an avoidable medical error and not the consequence of the natural course of a health issue.
All medically trained professionals whether doctors, nurses, dentists or pharmacists all owe the patient they agree to treat a duty of care. This duty is not to cause harm to a patient that could be avoided. If practitioners deviate from professional standards and cause harm to their patients, as a result, then the patient could be eligible to make a medical negligence claim.
In cases of medical negligence, sometimes it may be necessary to use a peer review process called a Bolam Test to determine whether there was substandard care. A Bolam Test is when a group of other medical professionals in the same or similar field are consulted as to what they would have done in the same circumstances. If they concur that the doctor acted within professional standards, there is no case for medical negligence to be answered.
Under certain laws in the UK, you are owed a duty of care to protect your safety and well being as much as is reasonably practicable. These laws apply in the workplace, in public, on the roads and whilst seeking medical attention.
- The Health and Safety At Work etc Act 1974 – applies this duty to employers to ensure they provide a safe and healthy working environment and work tasks as much as can be expected.
- The Occupiers’ Liability Act 1957 – states that those in control of public places visited by members of the public should ensure as far as is practicable that these areas are safe and do not pose a risk of injury. Slip, trip and fall accidents are common in public areas.
- The Highway Code – sets rules and guidance for road users to follow to keep themselves and others safe.
- The Care Quality Commission – is the agency that regulates and investigates complaints of medical negligence or misconduct of healthcare providers.
They all offer a similar provision in as much that they support the reasonable expectation that your health and safety are duly considered in these areas. It’s important to stress that not all accidents can be reasonably blamed on the actions or inactions of others.
When this duty of care is breached that parties have for each other this amounts to negligence. If you can prove that negligence caused your partial finer amputation then you could have a valid personal injury or medical negligence claim.
Compensation settlements awarded for injury claims are generally made up of general and special damages. General damages are a form of award that can be calculated to compensate you for the pain, suffering and loss in quality of life caused by your injury or illness.
Guidelines from a publication known as the Judicial College Guidelines are often used to help put a value to general damages. A report from an independent medical examination may be used in this process.
The Judicial College Guidelines list head to toe bracket amounts for varying injury/illness severity. When the JCG is cross-referenced with your medical evidence a compensation calculation will be made for general damages taking into account the following:
- The pain and suffering you have endured
- Damage to the quality and amenity of your life because of the injuries
- Any increased risk of future health problems as a result
- Diminution in the quality of your relationships
- Mental health problems created
The excerpt below gives an idea of what the JCG quote for the amputation or partial loss of a finger:
|Type of injury||Severity||JCG award bracket|
|Index Finger||(i) Total or partial index finger loss||£11,420 to £17,590|
|Middle and Ring Fingers||(l) Loss of the terminal phalanx of middle and ring fingers.||£3,710 to £7,390|
|Little Finger||(m) Amputation of little finger||£8,110 to £11,490|
|Little Finger||(n) Loss of part of the little finger||£3,710 to £5,500|
|Little Finger and Ring Finger||(o) Amputation of ring and little fingers||Up to £20,480|
|Middle and Index Finger||(p) Amputation of the terminal phalanges of the middle and index fingers||Up to £23,460|
|Thumb||(q) Amputation / loss of thumb||£33,330 to £51,460|
|Thumb||(s) Serious injury to the thumb.||£11,820 to £15,740|
It’s essential to bear in mind that these amounts are not compensation guarantees. They simply provide a sum that equitably addresses the injury issues listed above. Matters such as pain and suffering can differ from person to person and the JCG tries to provide fair and consistent guidance for each case.
Special damages are any amounts that you had to pay out in order to deal with your injuries. Can you prove that you had to pay out or miss financial opportunities? Do you have bills, receipts and invoices that can validate your claim for lost money? Things like:
- Missed salary from being unable to work
- The costs of retraining if you can no longer perform your old job
- Additional lost future income if the injury directly impacts your ability to perform that job
- Child care provision
- Domestic help at home as you recover
- Adaptations to your home or lifestyle
- Lost pension contributions or attendance bonuses
- Any special occasion you were unable to attend and lost money over
- Physiotherapy or prosthetic requirements
- Travel costs to and from hospital appointments
Working closely with a No Win No Fee solicitor means that their expertise could alert you to many more costs that you assumed were either yours to bear or were a necessary part of overcoming your injuries.
Firstly, you do not have to use legal representation to start a claim for compensation. It’s not a legal requirement. However, the advantages of working with a personal injury solicitor are obvious.
Working with a solicitor can bring many benefits. Firstly if you chose a specialist solicitor that has had many successful claims similar to your own they will have the knowledge and expertise needed for a case just like yours. Solicitors know which laws to quote to support your case, they know how to gather the correct evidence and which time limit applies to your case.
But when you hire a No Win No Fee solicitor as your legal representation there are no fees to pay for their service upfront. Instead, you will only pay a No Win No Fee solicitor if your case is successful. Generally, you will sign a Conditional Fee Agreement CFA which will state the terms of when the solicitor or if the solicitor will receive their success fee. Success fees are capped by law so that you receive the majority of the payout. The CFA will tell you how much the success fee will be before the case starts.
If for some reason the case fails then you would not need to pay the No Win No Fee solicitor the success fee stated in the CFA.
Legal Expert can offer you an introduction to No Win No Fee services today. A lawyer working in a capacity like this can enable you to concentrate on getting well while they work tirelessly to achieve the best outcome for your case. Just:
- Call our team now on 0800 073 8804
- Write or email us at Legal Expert
- Use the ‘live support’ option for immediate advice and information
We appreciate the time you have taken to read this article. If there are any queries or other areas of interest that you may have, please do not hesitate to contact our team who are happy to help. It’s free to call, there is absolutely no obligation to proceed with any legal matter and we could help you at this difficult time.
At Legal Expert, we can help on a No Win No Fee basis . Was it a fall at work that should not have happened? Perhaps it’s a supermarket accident claim if you slipped and fell badly while shopping? We can also help with back injury claims after a car accident.
Here are some external resources that you may find useful:
Learn how to claim after slipping on ice in a public place with our helpful guide.
Guide By Waters
Edited By Melissa.