Amputation Compensation Claims Explained
We have written this guide as part of our series on serious injury claims. We will look specifically at amputation compensation claims, exploring when you could be eligible to seek personal injury compensation following an accident in a public place, at work, or on the road that has caused you to lose a limb.
We’ve also detailed the laws establishing which parties owe duties of care in these scenarios and how failures to uphold these duties can result in accidents and subsequent serious injuries.
You will also find information on the possible value of amputation injuries in a compensation settlement following a successful claim.
The final section of this guide details the type of No Win No Fee agreement our solicitors can offer, and the advantages to you of making your claim under these terms.
You can talk to our advisors using the contact information below. Our team can answer any of your questions and offer you a cost-free assessment of your potential claim. You can speak to our team via:
- Phone on 0800 073 8804.
- Our “claim online” form.
- The live chat feature on this webpage.
Select A Section
- Amputation Compensation Claims Explained
- What Types Of Accidents Lead To Amputation Injuries?
- What Do You Need To Prove A Serious Injury Claim For An Amputation?
- Examples Of Payouts For Amputation Compensation Claims
- Amputation Injury Claims With No Win No Fee Solicitors
Amputation Compensation Claims Explained
You will need to demonstrate the following in order to start a personal injury claim:
- A third party owed you a duty of care when the accident took place.
- The third party breached their duty.
- That breach caused you to become injured.
Time Limits To Make Amputation Compensation Claims
Legal proceedings for a personal injury claim must be started within three years as established by the Limitation Act 1980. However, there are circumstances where exceptions to this can apply, and an extension could be granted.
To find out more about the time limit, and it’s exceptions, contact our advisors. They can also provide further guidance on amputation compensation claims, including when you could be eligible to seek compensation.
What Types Of Accidents Lead To Amputation Injuries?
Below, we have outlined the legislation that governs the duty of care owed in different circumstances. You will also see some examples of how breaches of these duties can cause road traffic accidents, accidents at work and in public places that lead to amputation injuries.
Road Traffic Accidents And Amputations
Road users owe a collective duty of care to one another. This duty requires road users to prevent each other from experiencing harm or damage by navigating the roads in a safe manner. They can uphold this duty through adherence of the rules set out by the Road Traffic Act 1988 and Highway Code.
An example of how a road user could fail to uphold this duty and cause an accident could include:
- The driver of a car attempts an overtake of another vehicle on a blind corner. As such, they crash head on with an oncoming vehicle causing the other drive to sustain a traumatic arm amputation.
Work Accidents Causing Amputations
The duty of care imposed on employers is set out by the Health and Safety at Work etc. Act 1974. All employers are required to take reasonable steps to ensure their employees are safe at work. Examples of how this duty can be upheld can include providing the correct and necessary personal protective equipment and ensuring employees are trained adequately to carry out their work-related duties.
A scenario where an employer failed to uphold their duty, leading to a workplace accident and causing an amputation injury, could include:
- An employer failed to maintain their machinery to a safe standard. Consequently, the machinery fails and causes an employee to sustain a severely crushed hand injury leading to amputation.
Public Liability Claims For Amputations
The parties in control of public places, referred to as occupiers, must take steps to ensure the reasonable safety of all visitors to their premises. This duty of care is established in the Occupiers’ Liability Act 1957. Public places can include shopping centres, cafes, and museums.
An example of an occupier failing to ensure the reasonable safety of a visitor, resulting in an amputation injury could include:
- There had been a failure to carry out the proper maintenance work in a museum, despite reports from other visitors that a railing was coming loose. As a result, a visitor to a museum fell from a balcony when the railing came free from its mountings, suffering serious leg fractures in the fall. They subsequently underwent a below-knee amputation of their left leg.
Call an advisor to discuss your specific case and the circumstances surrounding your accident and injury. They can provide more guidance on amputation compensation claims, and assess whether you’re eligible to proceed with your case.
What Do You Need To Prove A Serious Injury Claim For An Amputation?
Evidence can help support personal injury claims. It can be used to show that an accident occurred because a third party breached their duty of care and this caused your injuries. We have compiled a non-exhaustive list of evidence you could collect here:
- Witness contact details: Witness statements can be very useful in providing accounts of how an accident happened. Take down any potential witnesses’ contact details so they can provide their statements during the claims process.
- Medical records: Getting proper medical attention after an accident is always recommended. This is not only important for your health, but you can subsequently use copies of your medical records as evidence.
- Video footage: You could request copies of CCTV footage you appear in. You can also acquire copies of footage from dashcams or similar devices following a road traffic accident.
- Accident report log: Employers with 10 or more employees are legally required to keep a workplace accident book. You can request a copy of your incident report to be used as evidence.
Talk to our advisors today to get support with the collecting of evidence. After an assessment of your circumstances, you could get assistance from one of our solicitors who has experience with amputation compensation claims, if it is decided you have a valid case. Use the contact information above to get an assessment today.
Examples Of Payouts For Amputation Compensation Claims
Successful amputation compensation claims are awarded with a payout made up of two different heads of claim, general damages and special damages.
General damages are awarded for the physical and psychological impacts of your injuries. In order to calculate the potential value of your injuries, a solicitor can use the Judicial College Guidelines (JCG) along with your medical evidence.
The JCG publication contains guideline award brackets for various injuries, some of which have been used to create the table below. It is important to emphasise that the JCG figures are not guaranteed payouts. Personal injury claims are calculated case-by-case; therefore, we have only provided this table as a guide.
Compensation Table
| Injury | Severity | Amount | Description |
|---|---|---|---|
| Multiple Injuries | Serious | Up to £1,000,000+ | Multiple serious injuries alongside financial losses. |
| Leg Injuries | Amputations (a)(i) | £240,790 to £282,010 | Loss of both legs. |
| Amputations (a)(iii) | £104,830 to £137,470 | Above-knee amputation of one leg. | |
| Hand Injuries | Total or Effective Loss of Both Hands (a) | £140,660 to £201,490 | Extensive damage to both hands rendering them little more than useless. |
| Total or Effective Loss of One Hand (c) | £96,160 to £109,650 | Cases such as a crush injury which later required surgical amputation. | |
| Arm Amputation | Loss of One Arm (b)(ii) | £109,650 to £130,930 | Above-elbow amputation of one arm. |
| Loss of One Arm (b) (iii) | £96,160 to £109,650 | Below-elbow amputation of one arm. | |
| Special Damages | Loss of Earnings | Up to £100,000 and above | Income lost due to time off work, temporarily or permanently, because of injury could be reimbursed. |
Special Damages In Amputation Injury Claims
Compensation to reimburse the financial losses that you have experienced due to your injuries can be awarded under special damages, the second of the two heads of claim.
Below are some costs you could potentially be compensated for under special damages:
- Travel expenses to and from work
- A loss of earnings.
- Costs of domestic care.
- Any medical costs.
Retain copies of your receipts, invoices and other documentation as evidence of your monetary losses.
Call our advisors to learn more about the potential value of your specific claim. They can assess your particular circumstances and provide a more detailed picture of what your potential claim could be worth.
Amputation Injury Claims With No Win No Fee Solicitors
One of our solicitors could offer you a Conditional Fee Agreement (CFA) after our advisors have found you have a valid claim that has a chance of success. A CFA is a No Win No Fee contract that generally means no requirement of no upfront nor ongoing fees to be paid for the solicitor to work on your claim. You will likewise not be met with any fees for their services following an unsuccessful claim.
Successful amputation injury claims are awarded with compensation settlements. After a successful case, a percentage of your compensation will automatically be deducted from your compensation. This is called a success fee. By law, there is a cap on the percentage solicitors can charge as a success fee. What this means is, you will keep the majority of your settlement.
Our advisers can offer you an assessment of your specific circumstances, as well as provide more information about the claims process. You can get in touch with us via:
- Phone on 0800 073 8804.
- Our “claim online” form.
- The live chat feature on this webpage.
Guidance On Serious Injury Claims
See some of our other serious injury guides:
- Find out when you could be eligible to make a serious injury claim following a car accident.
- Learn more about claiming for serious organ damage.
- Read more about making a claim for blindness following an accident.
Further resources:
- THINK! – Road safety campaigns.
- GOV – Request CCTV footage of yourself.
- Health and Safety Executive – Electrical Safety.
We appreciate you taking the time to read our guide on amputation compensation claims. You can speak to our team with any questions, further guidance, and an assessment of your potential claim. To talk to an advisor, use the contact information above.
Written by Clark
Edited by Mitchell
