This guide investigates how to make an amputation compensation claim. If you have been involved in an accident that has led to you having a limb amputated, you may have experienced both a physical and emotional impact on your health and well being. In some cases, you may be able to seek compensation for the way in which your injury has affected you. We will discuss the eligibility criteria that must be met in order to so further in this guide.
There are several types of incidents that could have caused you to sustain an amputation injury, including accidents at work, road traffic accidents and accidents in a public place. In each of these scenarios, a third party owes you a duty of care. We investigate the legislation that outlines the duty of care for each third party throughout our guide.
Additionally, this guide will discuss the steps you can take if this duty of care is breached and you experience harm as a result, including gathering evidence and ensuring you begin your claim within the time limit.
Furthermore, we have explored the compensation you could be awarded and how the settlement you may receive should address the ways in which your injury has impacted your life.
To learn more, please get in touch with an advisor. They can answer any questions you might have regarding your potential claim. You can reach them by:
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- When Are You Eligible To Make An Amputation Compensation Claim?
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There are different types of amputation, including surgical and traumatic. For example, you may have sustained an injury that is so serious it requires the surgical removal of the limb, such as a severe fracture that has caused an infection in the bone. Alternatively, you may have experienced a traumatic amputation as a result of the accident. For example, a faulty piece of machinery may have caused you to lose a limb in the workplace.
Losing a limb could impact you physically as you need to adapt to living your life in a different way. Additionally, it could impact your mental health. For example, you could experience depression, anxiety and grief.
In some cases, you may be able to make an amputation compensation claim, provided you meet the eligibility requirements. You are only eligible to make a personal injury claim if negligence has occurred. This involves a third party owing a duty of care, breaching this duty of care and causing you to sustain harm as a result of the breach.
In the following sections, we have explored the duty of care certain third parties owe you. Please get in touch if you have any questions regarding whether you could seek personal injury compensation.
Accidents At Work
Under the Health and Safety at Work etc. Act 1974, employers must take all reasonably practicable steps to ensure the health, safety and welfare of their employees and prevent them from sustaining harm.
However, there are instances where they might fail to uphold this duty of care. For example:
- An employee could experience a traumatic arm amputation in a factory accident due to faulty equipment that the employer had failed to carry out regular checks on.
- A building site accident could occur involving an employee sustaining a traumatic finger amputation after using equipment they were not trained to use.
- An employer might fail to provide personal protective equipment (PPE) that is necessary to reduce the risk of harm posed by hazards that cannot be removed. As a result, an employee might sustain a severe crushed toe injury that later requires amputation.
Road Traffic Accidents
The Road Traffic Act 1988 sets the duty of care that road users owe each other. They must reduce the risk of causing harm to others while navigating the roads. Additionally, the Highway Code outlines rules and guidelines for different types of road users.
If this duty of care is not adhered to, it could cause a road traffic accident. Examples of how this could happen include:
- Using a mobile phone when driving.
- Failing to check mirrors.
If you experience the loss of a limb because another road user has breached the duty of care they owe you, you may be able to make an amputation compensation claim. Get in touch on the number above to discuss your eligibility.
Accidents In A Public Place
The Occupiers’ Liability Act 1957 states that those in control of a public space must ensure the reasonable safety of those using the space for it’s intended purpose. This is their duty of care.
Here are some examples of how accidents in a public place could occur if this duty of care is not upheld:
- A fall from height could occur due to poor maintenance of staircases, such as a loose stair or damaged handrail. As a result, you could sustain a severe leg fracture that later requires amputation.
- You could get a limb caught in a faulty escalator in a supermarket accident.
- The local council may have been notified of dangerous playground equipment that is not taken out of use. As a result, injuries could occur, such as limbs catching in swing chains.
You may be wondering what evidence is needed for a personal injury claim. If so, you could collect evidence that proves you experienced harm as a result of an employer breaching the duty of care they owed you. Examples of evidence you could collect include:
- CCTV or dashcam footage.
- Photographs of the injuries or accident scene.
- Witness contact details so they can supply a statement later.
- Medical records.
If you need any advice or help gathering evidence to support your amputation compensation claim, please contact our advisors. Free legal advice is available 24 hours a day, 7 days a week.
Personal Injury Claims Time Limit
Under the Limitation Act 1980, you usually have three years to start a personal injury claim. This can start three years from the date of the accident or the date you connected your injuries with a breach of duty.
There are exceptions to the time limit. Please get in touch on the number above to find out whether these could apply to your circumstances.
Personal injury settlements could include general damages and special damages. General damages seek to compensate for the pain and suffering your injuries have caused you to experience.
When legal professionals assign value to general damages, they may use the compensation brackets in the Judicial College Guidelines (JCG) to help them. Our table below contains these figures. However, they are only guidelines and are not necessarily reflective of what you will receive.
|Injury Type||Details||Guideline Compensation Amount|
|Arm Amputation (a)||Both arms||£240,790 to £300,000|
|Arm Amputation (b) (i)||One arm is amputated at the shoulder.||Not less than £137,160|
|Arm Amputation (b) (ii)||One arm amputated above elbow.||£109,650 to £130,930|
|Arm Amputation (b) (iii)||One arm amputated below the elbow.||£96,160 to £109,650|
|Leg Injuries (a) Amputation (i)||Both legs amputated.||£240,790 to £282,010|
|Leg Injuries (a) Amputation (ii)||Both legs amputated below knee.||£201,490 to £270,100|
|Leg Injuries (a) Amputation (iii)||One leg is amputated above the knee.||£104,830 to £137,470|
|Leg Injuries (a) Amputation (iv)||One leg is amputated below the knee.||£97,980 to £132,990|
|Hand Injuries (d)||The index, middle and/or ring fingers are amputated.||£61,910 to £90,750|
|Hand Injuries (f)||Severe fractures that lead to partial amputations.||Up to £36,740|
Personal injury claim payouts may include a second head called special damages. It seeks to reimburse any financial losses incurred due to your injury.
You should gather evidence of these losses, including receipts which can prove any medical costs or payslips which can prove any lost income.
Call our advisors for a more accurate estimate of the compensation you could receive following a successful amputation compensation claim.
Under a CFA, you won’t need to pay for the services provided by your solicitor upfront or while the claim is ongoing. You also won’t usually need to pay for these services if your claim fails.
If your claim for personal injury is successful, a success fee, limited by the law, will be taken from your compensation.
Contact Us 24/7 For Free Personal Injury Advice – See If You Can Claim Today
Call our advisors for a free assessment of your claim today. If it is found that your claim could succeed, you could be passed onto our panel of No Win No Fee solicitors.
To get in touch:
Additional personal injury guides:
Further links that might be helpful:
- Limbless Association – About
- NHS – When To Call 999
- Health and Safety Executive – Employer’s Responsibilities
Call our advisors if you have any other questions about making an amputation compensation claim.
Writer Danielle Blythe
Editor Meg McConnell