How Much Compensation For The Loss Of A Limb Could You Claim
Welcome to this guide looking at the question “how much compensation for the loss of a limb could you receive?” When you’re involved in an accident, your injuries can have a severe impact on your quality of life.
In some cases, these injuries are temporary, and you will make a full, or almost full, recovery. In other cases, though, the effects of your injuries can be permanent. An example of a permanent injury is the amputation of a limb.
If you sustained this injury because of somebody else’s negligence, you might decide to make a personal injury claim against them. If that’s the case, you could seek damages for both your physical and psychological injuries.
How Much Compensation Do You Get For The Loss Of A Limb?
Legal Expert is happy to help if you are thinking of starting a claim. We’ll start by assessing your claim and providing free legal advice.
Where there appear to be strong grounds for compensation, we could connect you with one of our personal injury lawyers. Should they decide to represent you, you’ll benefit from their No Win No Fee service.
If you wish to start your claim right away, why not call us on 0800 073 8804 today? You can also use our online form or the live chat to the bottom-right of this screen. Or, if you’d rather learn more about amputation compensation claims first, please continue reading.
Select A Section
- A Guide To How Much Compensation For The Loss Of A Limb You Could Claim
- What Is Compensation For The Loss Of A Limb?
- Types Of Limb Loss
- Accidents Which Could Cause The Loss Of A Limb
- Can You Lose A Limb In A Road Traffic Accident?
- How Much Compensation Do You Get If You Lose A Limb At Work?
- Amputation And Limb Loss Due To Medical Negligence
- Can You Claim For Limb Loss Caused By Diabetes?
- How Do You Prove Liability For The Loss Of A Limb?
- How Much Compensation For The Loss Of A Limb Could You Claim?
- Special Damages For Limb Loss Claims
- Can You Claim For Phantom Pain?
- No Win No Fee Claims For The Compensation For The Loss Of A Limb
- Start Your Claim
- Learn More
- FAQs About Getting Compensation For The Loss Of A Limb
A Guide To How Much Compensation For The Loss Of A Limb You Could Claim
In this guide, we will look at the process of claiming compensation for the loss of a limb. This kind of injury can affect you in a number of ways. As well as the obvious physical impact, you may find that the reduction in your quality of life affects you psychologically, too.
We will go on to look at what kinds of accidents could cause you to lose a limb. We’ll also examine the duty of care that is owed to you in these different situations and how this could be breached.
In addition to this, we will take a look at how compensation claims are valued. We’ll examine the two heads of claim that can make up a compensation claim. What’s more, we’ll look at the kinds of evidence that can be used to value these claims.
Finally, we will look at No Win No Fee agreements and the benefits that they can offer when funding legal representation for your claim. We’ll also provide you with some external resources and answer some commonly asked questions about these kinds of claims.
Please be aware that there is generally a 3-year time limit for starting claims. That will usually begin from the date of the incident or accident that led to the loss of a limb. However, there are some exceptions that apply; speak to us today for more information.
What Is Compensation For The Loss Of A Limb?
If you’re involved in an accident that results in limb amputation, you could claim compensation if:
- The other party owed you a duty of care; and
- They were negligent and caused the accident; and
- As a result, your limb was amputated.
A duty of care is where someone has a responsibility to ensure your safety as much as is reasonably practicable. There are a number of different scenarios where you may be owed a duty of care; we will take a closer look at them later on in this guide.
Types Of Limb Loss
When we talk about a loss of limb claim, there are two main types of limb loss. These are traumatic limb loss and surgical limb loss.
Surgical limb loss describes a situation where your limb is amputated in a surgical setting. This might be required for a number of different medical reasons.
For instance, if the limb is so badly broken or crushed that it’s impossible to repair, then amputation might be required. It could also be performed if your limb is gangrenous or infected.
In other cases, you might experience a traumatic amputation. This is where your limb is traumatically removed in the incident. For example, you may be involved in an accident with a piece of machinery where the movement of the machine removes your leg from your body.
Accidents Which Could Cause The Loss Of A Limb
In the coming sections of this guide, we’re going to look at some scenarios that could result in a lost limb. We haven’t listed every scenario here, so don’t worry if you don’t find a case similar to yours. As long as your injuries were caused by somebody else’s negligence and you were owed a duty of care, we could help you begin a claim.
Can You Lose A Limb In A Road Traffic Accident?
When on the road, all road users owe one another a duty of care. This means that they have to adhere to the standards of skill and care of the average motorist.
The rules dictating how road users should conduct themselves on the road can be found in the Highway Code. Failure to follow these rules could cause an accident that results in an injury.
For example, you could be involved in a head-on car accident because another car decided to overtake just before a bend, meaning that they were in your lane. If the collision was sufficiently severe, then this could mean that you require a leg amputation because of multiple severe fractures and soft tissue injuries.
It’s not just other drivers who are at risk of being injured in a road traffic accident. Cyclists, pedestrians and motorcyclists are also at risk of being involved in an accident that necessitates a limb being amputated.
If you’ve lost a limb in a road traffic accident and are interested in claiming, please call for free legal advice today. Otherwise, read on to find out more about how you could claim for an injury at
How Much Compensation Do You Get If You Lose A Limb At Work?
You could be compensated for losing a limb if it happened in an accident at work that was caused by your employer’s negligence. Your employer has a duty of care towards you as outlined in the Health and Safety at Work etc. Act 1974. This means that they need to take all reasonably practicable steps to ensure your safety in the workplace.
For example, if you lost a finger because a safety guard had not been replaced for some time on a cutting machine, you could have grounds to claim. You would need to show that your employer failed to carry out the risk assessments and maintenance that they are expected to do.
How much you’ll be paid will depend on the limb that’s lost and how it affects you. If your claim is taken on by one of our solicitors, they’ll value your claim once it’s been properly assessed.
Importantly, there are laws in place to protect you if you decide to claim. As a result, your employer cannot discipline you, sack you or demote you for claiming. Therefore, don’t be afraid to seek the damages you might be entitled to.
Amputation And Limb Loss Due To Medical Negligence
When you visit your GP or a hospital with medical concerns, you can expect a minimum standard of care when being treated. However, on occasions, the care you receive could be of the wrong standard. This is an example of medical negligence.
Where a medical professional has acted negligently, and you suffer as a result, you could be eligible to take action. Where negligence means that you need to have a limb amputated, you could make a claim for the loss of a limb.
Instances that might result in a limb requiring amputation might include:
- Where a doctor fails to send you for specialist tests.
- If your condition is misdiagnosed and something else.
- Where your symptoms are dismissed as nothing to worry about.
You could also experience a “never-event” as a result of medical negligence. This is something that the NHS states should never occur if the proper medical frameworks are adhered to. This includes wrong-site surgery. So if, for example, you undergo surgery for amputation and the wrong limb is removed, you may be able to claim.
Proving medical negligence can be complex. We suggest that it’s something you may want to hire a specialist solicitor to help with. We have a team of solicitors with up to 30 years of experience handling medical negligence claims, meaning that they can help you get more money than you might otherwise. If you’d like to check whether one could help you, please call today.
Can You Claim For Limb Loss Caused By Diabetes?
High blood pressure and other complications caused by diabetes can lead to the amputation of the feet because of reduced blood flow. If caught early enough, the condition can be controlled, and amputation might not be required.
However, if medical negligence has caused your diabetes to progress to the point where you need a foot amputation, it is possible that you could claim compensation.
Some examples of situations that could lead to a foot amputation as a result of diabetes include:
- Missed diagnosis – where a doctor fails to diagnose your condition.
- Misdiagnosis – where your condition is diagnosed as something else and treated incorrectly.
- Medication errors – these could allow your diabetes to get worse.
- Delayed treatment or late diagnosis – causing your symptoms to worsen.
It’s important to note that not every instance of these situations will be grounds for a claim. For example, it’s possible for a healthcare provider to misdiagnose a condition even when providing the right level of care. You will need to demonstrate that negligence directly caused you to lose a limb in order to be owed compensation.
How Do You Prove Liability For The Loss Of A Limb?
In any type of compensation claim, you’ll need evidence to show how your injuries were sustained. To help your claim progress more easily, we suggest that you:
- Report the accident. This will mean an accident report form will be available to help prove the date, time and location of the accident.
- Ask for your medical reports. Following treatment, you are well within your rights to request a copy of your medical records. These could help prove the extent of your injuries. You will also usually be invited to an independent medical assessment as part of your claim.
- Take photographs. Where possible, try to capture the accident scene in a photograph. If possible, you should do this before anything is removed. This will make it a lot easier to explain what happened.
- Get details of witnesses. Where liability is denied, your solicitor could then ask witnesses to recall their version of events.
- Ask for CCTV footage. If your accident was captured on dashcam or CCTV, try to obtain a copy of the footage before it is wiped.
How Much Compensation For The Loss Of A Limb Could You Claim?
We will now provide some examples of how much compensation for the loss of a limb might be paid. Importantly, as every case is unique, the figures in our table should be considered as guidance only at this point.
The figures in our compensation table are taken from the Judicial College Guidelines. If your injury is not listed, please take a look at our compensation calculator or get in touch with us for a no-obligation assessment of the value of your claim.
|Type Of Injury||Severity||Settlement Bracket||Extra information.|
|Arm Injuries||Loss (a)||£225,960 to £281,520||The loss of both arms.|
|Loss b(i)||Not less than £128,710||One arm amputated at the shoulder.|
|Loss b(ii)||£102,890 to £122,860||Above the elbow amputation of one arm|
|Loss b(iii)||£90,250 to £102,890||Below the elbow amputation of one arm|
|Hand injuries||Loss (a)||£132,040 to £189,110||Complete or effective loss of both hands.|
|Loss (c)||£90,250 to £102,890||Complete or effective loss of a single hand.|
|Finger Injuries||Loss (l)||£3,710 to £7,390||Loss of the terminal phalanx of the middle or ring fingers.|
|Amputation (m)||£8,110 to £11,490||Complete amputation of the little finger.|
|Amputation (p)||Around £23,460||Loss of the terminal phalanx of the middle and index fingers.|
|Loss (q)||£33,330 to £51,460||The total loss of the thumb.|
|Leg Injuries||Loss a(i)||£225,960 to £264,650||The complete loss of both legs|
|Loss a(ii)||£189,110 to £253,480||Below the knee amputation of both legs|
|Loss a(iii)||£93,380 to £129,010||Above the knee amputation of a single leg.|
|Loss a(iv)||£91,950 to £124,800||Below the knee amputation of one leg.|
|Foot Injuries||Loss (a)||£158,970 to £189,110||Amputation of both feet.|
|Loss (b)||£78,800 to £102,890||Amputation of one foot.|
|Toe Injuries||Loss (a)||£34,270 to £52,620||Loss of all toes.|
|Loss (b)||Around £29,380||The amputation of the big toe.|
As the severity of your injuries is so important in determining how much compensation will be paid, you’ll be invited to a medical assessment as part of your claim. This is something that will be conducted by an independent medical specialist.
They’ll examine your injury, review your medical notes and discuss how you’ve been affected. They will then send a report to all parties involved in the claim to set out your prognosis. Usually, our solicitors can arrange local medical assessments for our clients.
If you would like a free valuation of your claim with no obligation to continue, speak with a member of our team today. You could be connected with a No Win No Fee solicitor if your claim has a good chance of success.
Special Damages For Limb Loss Claims
As well as the physical and psychological impact of your injuries, you might also have to spend money because of the repercussions your injuries have had on you. This can be included in your settlement award. This part of your claim is known as special damages.
What Special Damages Could You Claim?
Some examples of special damages that you could claim include:
- Care costs. You could claim back the cost of a professional carer who supports you. Alternatively, a rate could be calculated for a family member who supported you whilst you got used to your injuries.
- Medical costs. You could claim back the cost of prosthetic limbs and rehabilitation services that are not available on the NHS.
- Modifications to your home. If changing the layout of your home will improve your quality of life following an amputation, your claim could include the cost of any work. For example, widening doors, lowering units or adding ramps may make it easier to get around in a wheelchair.
- Lost income. You are likely to require a lot of time off work while you recover from your injuries. If that results in a loss of earnings, you could add this to your claim.
- Future lost income. Where the loss of a limb prevents you from being able to work at the same level as before your injury, you could claim for future lost income too. The value of this will be dependant on your age, job prospects and current salary level.
- Travel costs. If your injury means you can no longer drive, you may need to claim for the financial impact associated with other transport methods.
Can You Claim For Phantom Pain?
When asking how much compensation for the loss of a limb might be paid, it’s important to consider any phantom pain as well. This is something that can affect claimants for many years after the accident took place.
Phantom pain is where you experience sensations in the limb that has been amputated. Sometimes, the sensations that you feel might be uncomfortable or annoying. However, they can also be extremely painful.
“Phantom” does not mean that these sensations aren’t real. Brain imaging scans have revealed that it is a real phenomenon that can negatively affect the lives of people who have suffered a limb loss.
Because of this, phantom pain can be taken into consideration as part of your compensation settlement. It will impact the value of the general damages head of your claim.
No Win No Fee Claims For The Compensation For The Loss Of A Limb
When you make a claim for compensation, you may want to seek legal representation. However, you might not want to pay large upfront solicitor’s fees when there is no guarantee that your claim will be successful.
A No Win No Fee agreement is an agreement between you and your solicitor that outlines the things they need to do before you pay them. It means that:
- You won’t be asked to make any upfront or ongoing payments
- There will be no legal fees to pay your solicitor if you lose
- If your claim is successful, they will deduct a small, legally capped percentage of your compensaiton. This is known as a “success fee”.
Start Your Claim
At the start of this guide, we aimed to answer the question, “How much compensation for the loss of a limb?”. Hopefully, the information provided has cleared things up. If you’d now like free advice on claiming, you can:
- Call our specialists on 0800 073 8804 to discuss your options.
- Ask an online advisor for information on the claims process.
- Email firstname.lastname@example.org to explain why you’d like to claim.
- Begin a claim online, and we’ll call back at a convenient time.
Hopefully, you are now clearer about how much compensation for the loss of a limb you could receive. As we are now near the end of the guide, we’ve added a few articles and guides below that may help further:
The Amputation Foundation – A charity that aims to help those affected by amputations.
Amputation Information – Details of why amputations are needed and how they are carried out from the NHS.
RIDDOR Specified Injuries – A detailed list of injuries, including amputations, that must be reported to the Health and Safety Executive following an accident at work.
Motorcycle Accident Claims – This guide explains the claims process for traffic accidents involving motorcyclists.
Rights Following A Workplace Accident – Information on what to expect if you sustain an injury at work.
Criminal Injury Claims – Guidance on claiming through a government compensation scheme if you’ve been the victim of violence.
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FAQs About Getting Compensation For The Loss Of A Limb
Thank you for reading our guide on claiming compensation for the loss of a limb. To provide further help, we’ve answered a few common questions below.
Can I get fitted with a prosthetic or other aids before the claim is settled?
If a prosthetic limb makes things easier for you, your solicitor may ask the defendant to pay an interim payment to cover medical costs prior to the claim being settled in full.
Who pays my claim?
If you’ve lost a limb because of an accident caused by somebody else, you can claim against them. Generally, this will be a claim against an insurance policy such as car insurance or public liability insurance.
How long could my claim take?
The time taken to settle a claim will vary. Simple cases where liability is not in dispute may be settled in a matter of months, whereas more complex claims can take longer.
Do limb-loss cases go to court?
Personal injury claims don’t often go to court. This is because going to court is expensive and time-consuming, and both sides want to avoid it if possible.
How is liability for limb loss established?
In any injury claim, you’ll need evidence to try and establish how your accident happened, who was to blame and what injuries were sustained. To do this, you could use photographs, CCTV footage, witness statements, accident reports and medical reports from the hospital that treated you.
Thank you for visiting today to learn about how much compensation for the loss of a limb could be paid.
Written by Hambridge
Edited by Stocks