What is an amputation compensation claim?

Losing a limb is one of the most dramatic and life-changing things that can happen to a person, with a potentially huge physical, psychological and financial impact. If it happens to you because someone acted negligently then you may be able to make an amputation compensation claim.

An amputation of this kind could happen because of a road traffic accident, an accident in the workplace or an act of medical negligence, but whatever the cause it is something that is bound to impact on the whole of your life.

Making an amputation compensation claim with Beacon Law could play a vital role in the rehabilitation process.

We’re experts in amputation compensation claims, with a firm grasp of what it takes to show negligence and the range of things that compensation can help with.

As well as marking the negligent way in which you’ve been treated, a successful compensation claim could cover the cost of medical treatment, care requirements and the financial impact of your injuries.

Our personal injury solicitors will also offer empathetic support when dealing with your claim, collecting evidence and negotiating on your behalf at the same time as helping you to access wider support. If you’ve lost a limb and think you might be able to make an amputation compensation claim, please contact us today.

Who can make an amputation compensation claim?

An amputation compensation claim can be made by anyone who has lost a limb in circumstances which came about because another party acted negligently. The experts at Beacon Law have experience of dealing with amputation compensation claims in the following circumstances:

Accidents at work – serious injuries caused by workplace accidents could lead to amputation. Accidents of this kind may happen because of issues like unsafe equipment, no PPE, poor training, falling objects or unsafe working practices.

Medical negligence – mistakes made in surgery could lead to amputation, as could misdiagnosis, late diagnosis or applying the wrong treatment.

Road traffic accidents – road traffic accidents often cause serious injuries, and in some cases these injuries will lead to limbs having to be amputated.

Accidents in public places – slips, trips and falls in public places such as retail outlets, council buildings or other public spaces could cause injuries which lead to limbs having to be amputated.

If you’ve been involved in an accident of any kind, or been the victim of medical negligence that has led to an amputation, then you may be able to make an amputation compensation claim.

It’s also possible to make a claim of this kind on behalf of a family member who is unable to claim for themselves – i.e. because they are under 18 years of age or lack the mental capacity.

In all cases, the eligibility for making an amputation compensation claim remains the same:

• Another party owed a duty of care to you
• They failed in this duty of care in a way which directly led to you being injured
• This injury meant that you had to have a limb amputated

If you think this describes what happened to you then call Beacon Law to discuss an amputation compensation claim.

If we think you have strong grounds to claim then we’ll do everything we can to win the compensation you deserve, and help you to get your life back on track.

How much compensation can I claim for an amputation?

The amount of compensation you could claim for an amputation caused by negligence will range from around £44,000 for the loss of a thumb up to at least £127,930 if you have one leg amputated above the knee.

These are estimates based on the part of the body impacted and the nature of the amputation, and the final total will also depend upon the physical and psychological distress caused by the amputation and the financial impact it has had.

The payment for any amputation compensation claim will be made up of general damages and special damages. These amounts are calculated in the following way:

General Damages

General damages are calculated on the basis of the type and severity of injury you’ve suffered and are meant to reflect the pain and distress you’ve been through. They are also a reflection of the way in which the injury has stopped you doing things such as pursuing hobbies and enjoying family life.

The actual amount of general damages will be decided with the help of the Judicial College Guidelines which sets out recommended ranges of compensation for specific injuries. Examples in the latest edition include the following:

• One leg amputated below the knee – £119,570 to £162,290
• One arm amputated above the elbow – £133,810 to £159,770
• One arm amputated below the elbow – £117,360 to £133,810
• The loss of a hand – £117,360 to £133,810

When the experts at Beacon Law handle your amputation compensation claim we can estimate the amount of general damages likely to be awarded once you have undergone a medical examination to establish the full extent of the harm caused.

Special Damages

Special damages are the part of any amputation compensation claim intended to cover the financial impact of the injuries. In order to do this, special damages will include an amount to cover any earnings and pension provision lost because the loss of a limb prevents you from earning the wage you would otherwise have earned.

In addition to lost earnings special damages will be paid to cover any expenses which arise as a direct result of the injuries. Examples of the kind of expenses covered by special damages include the following:

• The cost of any medical treatment required because of the amputation, now and in the future
• The cost of any care which has to be provided because of the impact of the amputation, now and in the future
• The cost of any specialist equipment which has to be purchased to facilitate living with the impact of the amputation
• Any cost involved in having a prosthetic limb fitted as a result of the amputation
• The cost of any adaptations which have to be made to your home or vehicles as a result of the amputation
• An amount related to any time friends or members of your family have to spend providing care free of charge because of the amputation
• The cost of any therapy or counselling required in the wake of your amputation
• The cost of travelling to and from any medical appointments related to your injuries

Part of the role of the team at Beacon Law is to advise you in terms of what you are able to claim compensation for and how to keep effective records of any amputation-related expenses.

We always work to make sure our clients get 100% of the compensation they are due, and aren’t left out of pocket on top of everything else they have to cope with.

How to make an amputation compensation claim

We understand that starting legal proceedings such as an amputation compensation claim might be the last thing on your mind in the aftermath of an injury this serious.

We know that no amount of money could truly make up for what’s happened to you, but we also understand the positive impact a compensation award can have.

On a basic level an amputation compensation claim will officially register the unfair nature of what has happened to you. The money awarded can also play a vital role in the rehabilitation process, enabling you to access the services and equipment that you need without having to worry about costs.

We work to take the stress out of the process by breaking your amputation compensation claim down into the following individual steps:

If you’ve had a limb amputated because of an accident which happened because someone else was negligent then contact Beacon Law for a free initial consultation.

During this we’ll take the time to listen to the details of what happened to you, how and where you were injured and the impact it has had.

If we think you have a strong claim for compensation then we’ll explain the law around claims of the kind and how the process works. With your say-so we’ll then start the process of making your amputation compensation claim.

We’ll take a detailed statement from you, setting out how, where and when the accident in question happened and how your life has been impacted by the loss of a limb. We’ll also help you to access further help to deal with your injuries, as part of our holistic, empathetic approach to clients.

We’ll gather together any official reports into the accident which caused your amputation. Depending upon the circumstances this could include the accident book from a workplace or public space, a police report following a road traffic accident and your medical records detailing an act of clinical negligence.

We’ll arrange a medical evaluation with an independent expert in a field directly related to your injuries. This will help us to build the fullest possible picture of the extent of your injury and the impact it is likely to have in the future.

We will also access your wider medical records, particularly those detailing any treatment you received in the immediate aftermath of an accident. Your medical records will also be extremely useful if your case is one of medical negligence, as they will allow us to pinpoint how and why your treatment fell below expected standards.

If the amputation happened following an accident we’ll gather photographic evidence of the scene, as well as CCTV footage of the accident where possible and any other relevant footage such as dashcam or helmet cam images

If relevant, we’ll take evidence from any witnesses to the accident which caused your amputation

We’ll pull together evidence of the financial impact of the amputation. This could include wage slips, bank statements and any bills or receipts relating to direct expenses.

We’ll help you to keep a journal detailing the process of recovering from your amputation. Recording the impacts of your injuries as and when you experience them will help to build the fullest possible picture of how your life has been affected.

We’ll contact the party we hold responsible for your amputation to tell them that you are claiming compensation. In many cases this will mean negotiating with the insurers of the other party, or with NHS Resolution, the body that deals with medical negligence claims.

Our track record of handling serious personal injury claims and our experience of dealing with third parties means that liability is often admitted at this stage. We take great pride in using our dispute resolution and mediation skills to settle the vast majority of amputation compensation claims in this way, without having to go to court.

Although we want to settle your claim quickly so you can get on with the rest of your life we never accept anything less than 100% of the compensation we know you are entitled to. In some cases liability is admitted but a final compensation figure takes some time to agree because of the complex nature of the injuries and the need for more expert medical evaluation.

If this happens we will apply for interim payments to help you cope with on-going expenses such as medical and care costs until the compensation is actually paid. If interim payments are made they will be deducted from that final lump sum.

In a minority of cases liability is denied or it proves impossible to agree a fair compensation payment. If this happens then your amputation compensation claim will be settled in court, and the team at Beacon Law will be by your side to argue your case in the strongest possible terms throughout.

During this process we provide support and understanding alongside our legal expertise. We’re a family run firm and we treat clients like people coping with traumatic circumstances, and not just case numbers, so whenever you need us, we’ll be there.

No win no fee amputation claims

When we handle an amputation compensation claim we do it on a no win no fee basis, sometimes known as a conditional fee arrangement. This arrangement works as follows:

• You don’t have to pay us anything up front as we put your claim together and negotiate a compensation settlement on your behalf
• We’ll only take payment from you if the claim has been successful and the compensation has been paid, and it will never be more than 25% of the money awarded
• If the claim is unsuccessful then the costs of the other side will be covered by insurance we take out on your behalf

We work on a no win no fee basis because we think you should be able to make an amputation compensation claim if it’s the right thing to do, without having to worry about costs and charges.

If your amputation happened because someone else was negligent then we believe you have the right to seek compensation without worrying about hidden fees or legal bills, so that’s exactly what we provide.

Our support for amputees beyond compensation

We’re a family run firm and we like to create a completely supportive environment for our clients. When you make an amputation compensation claim with us we do everything we can to help you rebuild your life, over and above the fact of seeking the money we think you’re entitled to.

We can put you in touch with organisations dedicated to helping with rehabilitation following an amputation, as well as offering help and advice on aspects of recovery like physiotherapy and psychological support.

Among the organisations offering support for people coping with amputation are the following:

Limbless Association – an organisation offering practical and emotional support for those living with limb loss, as well as their families and carers.

Limb Power – a charity set up in 2009 with the aim of helping amputees to engage in physical activity, sport and the arts.

Amputation Foundation – a charity which supports people coming to terms with life as an amputee through a mix of legal guidance, advice on prosthetics and on-going support.

The website Finding Your Feet also offers a useful list of amputee support groups and charities (https://findingyourfeet.net/nationwide-amputee-support-groups-and-charities/)

What is the time limit for an amputation compensation claim?

There is a strict statutory time limit in place covering personal injury claims such as those dealing with amputation. In the majority of cases the claim will have to start within 3 years of the accident which led to the amputation.

In cases involving medical negligence the link between treatment and amputation may take some time to emerge, in which case the 3 year limit will run from the date on which you became aware that it was negligence that led to your limb being amputated.

Other general exceptions to the 3 year limit include the following:

• You were under 18 years of age at the time of the accident, in which case the 3 years will be counted from your 18th birthday to your 21st
• You lacked the mental capacity to start a compensation claim during the 3 years after the accident, in which case the time limit will run from the date on which you regained capacity.

Contact the team at Beacon Law if you’re not sure whether your amputation compensation claim would fall within the 3 year time limit, and we’ll explain whether an exception is likely to be made.

In all cases we recommend starting your claim as soon as possible after any accident happens, as your memory will be fresh and the evidence will be easier to track down.

Amputation claims caused by an accident versus medical negligence

Amputation compensation claims generally fall into two categories – accident claims and medical negligence claims:

Accident claims – the amputation was the result of injuries caused by a road traffic accident, an accident in a public place or an accident at work

Medical negligence claims – the amputation happened as a result of a failure in diagnosis, a mistake during surgery or a delay in treatment being provided

In both cases the principle of an amputation compensation claim will be the same, and we will work to prove that your amputation happened as a direct result of another party acting negligently. The differences between the two types of claim are as follows:

Accident claims will be made against insurers, of other road users in the case of road traffic accidents or business owners and local councils in the case of accidents in a work place or a public place.

The evidence of negligence will be based around the accident which caused the amputation and the circumstances which enabled it to happen.

Medical negligence claims will mostly be made against NHS Resolution, the body which deals with claims against the NHS. In some cases the claim will be made against private medical practices.

The evidence of negligence will mostly be made up of medical records, expert medical opinion and, in some cases, witness statements from people present during treatment.

In both cases the evidence we present will also include details of the financial impact the amputation has had on you, and of how it has impacted on your ability to live your life.

We have more than 200 years’ worth of combined experience of handling serious personal injury claims, and are equally at home dealing with both categories of amputation compensation claims.