An amputation can be a life changing injury. Whether you have been involved in a traumatic road traffic accident or have suffered medical negligence, a successful compensation claim could make readjusting after your injuries an easier process.
We understand that amputation claims can be difficult, but our solicitors work closely with a range of specialists who can support you throughout your recovery process. Whether this involves clinical psychology or physical therapy, our team are here to help you take the next steps.
Our guide will discuss:
- Who can make amputation claims
- The different types of compensation you could be eligible to receive
- The different scenarios and amputation may be suffered
- How our No Win No Fee solicitors could help you start your claim
Contact Us
If you have any questions about your potential amputation claim, please contact us today to learn how we can assist you.
- Use our built in live chat feature
- Fill out our contact us form
- Call 0800 073 8804
Jump To A Section
- Who Can Make Amputation Claims?
- The Common Types Of Amputation Injury Claims
- What Payouts Can You Get For Amputation Compensation Claims?
- Can Compensation Cover Non-Physical Impacts From Amputations?
- What Evidence Will Be Needed For Amputation Claims?
- Is There A Time Limit For Making An Amputation Compensation Claim?
- Legal Expert’s No Win No Fee Amputation Claim Specialist
- More Information
Who Can Make Amputation Claims?
You can make an amputation claim if you can prove that negligence occurred. Negligence occurs when:
- Someone owed you a duty of care
- The person who owed you this duty breached it
- The breach led to your amputation or injuries
This forms the basis of your claim as it demonstrates how your injuries happened and why they were the fault of someone else.
Continue reading to learn who owes you a duty of care in different scenarios.
Can Claims Be Made For Children Or Vulnerable Adults?
Claims can be made on behalf of children or vulnerable adults. These cases will utilise a role known as a litigation friend.
A litigation friend is an individual who acts on behalf of another person in the claims process, such as someone who was:
- Under 18 at the time of the injury
- Lacking the mental capacity to claim
Litigation friends can sign documents and make decisions for the claimant. They also have the responsibility to act in the claimant’s best interests.
You can apply to act in this role, or alternatively, the courts have the power to appoint a litigation friend.
If you have any questions about acting as a litigation friend, please contact us today to learn how our team can help you.
The Common Types Of Amputation Injury Claims
Amputations are considered a serious injury and can occur in a variety of situations. The most common types of amputation injury claims include:
Medical Negligence
Amputation claims can arise from medical negligence. This could be due to a surgical error or a misdiagnosis.
You are owed a duty of care by all medical professionals. This means that they must provide care to meet the expected standard. All healthcare professionals are bound by their specific code of ethics and practice, but they all owe the same duty of care to all patients.
If, for example, you were scheduled for an amputation on your left leg, your surgeons should perform adequate pre-operative checks. If they fail to do this and mistakenly operate on your right leg, you could have the basis for an amputation claim.
Accidents At Work
The Health and Safety Executive reported that between 2023 and 2024, there were 508 reported amputations suffered by employees resulting from work-related accidents (per reports made by employers under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)).
In line with the Health and Safety at Work etc. Act 1974 all employers owe their employees a duty of care to do all that is reasonable to prevent injury and ensure their health and wellbeing while at work.
If, for example, your employer made you work with known defective machinery, which resulted in your hand being traumatically amputated when the machine malfunctioned, you may be eligible to make an amputation claim.
Public Place Accidents
You may wonder who is at fault when you have an accident in a public place. In these cases, the person responsible is the occupier. An occupier is the person or party in control of a public space.
Under the Occupiers’ Liability Act 1957, you are owed a duty of care. This means that the occupier must take any and all steps to ensure that visitors to the premises are reasonably safe when visiting.
If, for example, an overhead sign in a supermarket was not secured properly, causing it to fall on you and suffer a severe crush injury to your arm that later required an ampution, you may be able to make a public liability claim.
Road Traffic Accidents
All road users owe each other a duty of care. This means they need to avoid causing harm or damage to one another by using the roads safely and responsibly. This is achieved by upholding the rules set in the Road Traffic Act 1988 and the Highway Code.
For example, if you are hit by a driver who is speeding over the limit and this causes a severe road traffic accident, crushing you against the car, resulting in the loss of your leg in a traumatic amputation, you may be able to make a road traffic accident claim.
These examples are not the only ways in which you could have suffered an amputation injury, so if your claim specifics are different, you can contact us today to see how our team could help you.
What Payouts Can You Get For Amputation Compensation Claims?
The compensation amount you could be entitled to depends on things like:
- The severity of your injuries
- The impact they continue to have on your life
- Whether you have suffered additional injuries also
Following a successful compensation claim, you will receive general damages. This compensates you for the physical and psychological suffering you have endured due to your injury.
Those calculating this head off loss may refer to the Judicial College Guidelines (JCG). This is a document that contains compensation guideline brackets for different injuries.
The table below uses some of these entries regarding amputations. Please note that the first figure has not been taken from the JCG, and these are just guideline figures.
Injury | Compensation |
---|---|
Multiple Serious Injuries and Special Damages (such as loss of earnings) | Up to £1,000,000+ |
Loss of Both Arms | £293,850 to £366,100 |
Loss of One Arm (i) | Not Less Than £167,380 |
Loss of One Arm (ii) | £133,810 to £159,770 |
Loss of One Arm (iii) | £117,360 to £133,810 |
Loss of Both Legs | £293,850 to £344,150 |
Below-Knee Amputation of Both Legs | £245,900 to £329,620 |
Above-Knee Amputation of One Leg | £127,930 to £167,760 |
Below-Knee Amputation of One Leg | £119,570 to £162,290 |
Total or Effective Loss of Both Hands | £171,680 to £245,900 |
Total or Effective Loss of One Hand | £117,360 to £133,810 |
Contact us today to learn more about how compensation may be calculated in amputation claims.
Can Compensation Cover Financial Losses Caused By Amputation Injuries?
Compensation can cover financial losses caused by amputations. These are compensated under special damages.
These damages aim to financially compensate you for any difficulty or loss you have suffered as a result of your amputation injury. This can include things like:
- Medical costs, such as prosthetic limbs or mobility aids like wheelchairs
- Home adjustments
- Travel costs
- Loss of earnings
- Care costs
- Rehabilitation fees
In order for you to be able to claim special damages, you have to prove that your injury has caused financial loss. This could be through providing evidence like:
- Payslips
- Medical invoices
- Receipts
- Bank statements
We understand that the impact of an amputation can have lifelong effects, not only on your physical and mental health but also on your financial stability.
Our solicitors are experienced in amputation claims and can help you gather evidence to support your case. Contact us to learn how we can assist you.
How Interim Payments Can Assist With Amputation Claims
During your claim, you may incur immediate costs. You might now be facing significant medical expenses, and you may worry about how to cover these costs. This is where interim payments can benefit you.
Interim payments are advance payments taken out of your final compensation amount.
Interim payments could be used for things like:
- Immediate care costs
- Medical procedure costs
- Home adaptations
These types of payments are only awarded in cases with a high chance of a successful claim.
Contact our advisors today to determine if you may qualify for these payments.
What Evidence Will Be Needed For Amputation Claims?
The type of evidence you will need depends on where your accident happened. Usual cases of amputation claims will need evidence like:
- Time and date of the accident
- Dashcam or CCTV footage of the incident
- Details of anyone who is happy to provide a witness statement at a later date
- Medical records
- Any relevant reports, such as police reports or reports from an accident book
Evidence is needed in amputation claims to prove that your injury was caused by someone else’s negligent actions.
Our solicitors can assist you in gathering this information and determining what evidence will be most useful for your claim. Contact us today to learn how we could help you.
Is There A Time Limit For Making An Amputation Compensation Claim?
Yes, the time limit to make a claim is 3 years from the date of the injury. This is set out in the Limitation Act 1980.
There are exceptions to this time limit that apply to minors and those lacking the required mental capacity. So, if you’re unsure whether your claim still falls within the time limit, please contact us today. One of our advisors will be happy to assist you with any questions you may have.
Legal Expert’s No Win No Fee Amputation Claim Solicitors
Our solicitors work with their clients on a No Win No Fee basis under the terms of a Conditional Fee Agreement, meaning you would not be expected to pay for their services upfront or during the claims process. You also will not need to pay for their completed work, should the claim fail.
If you are successful, a success fee will be deducted at the end of the claim. The percentage of this fee is capped in line with the Conditional Fee Agreements Order 2013.
Our solicitors have decades of experience and can offer assistance in many ways, such as:
- Compiling supporting evidence
- Ensuring that your claim is started within the time limit
- Explaining legal language
- Advocating on your behalf to get the best settlement
- Connecting you with professionals to assist in your rehabilitation
Contact Us Today
We hope that our guide regarding amputation claims has been useful, but if you have any questions or would prefer to speak with one of our friendly advisors about your case, you can contact us by:
- Using our built-in in live chat feature
- Filling out our contact us form
- Calling 0800 073 8804
More Information
Read our other guides on:
- What to do if you’ve had an accident at a theme park
- How to start a dental negligence claim
- How to claim for Whiplash
Useful External Resources
- NHS advice on amputations
- When to report a workplace accident from the Health and Safety Executive
- When to call 999 from the NHS
Thank you for reading our guide on amputation claims.