An accident leading to amputation is often a painful and life-altering event. These accidents occurring due to third-party negligence could provide grounds for amputation compensation claims. This review of such claims will first give a guide of compensation figures for injuries that bring about the loss of one or more limbs.
We will also explain how to prove a personal injury claim’s validity. Accidents can happen just about anywhere however, for the foundation on a personal injury claim, the accident that caused the amputation must have been caused by the breach of duty of care by those who have a responsibility for your safety. For that reason, we look at how accidents in the workplace could happen, and how accidents in public or on the roads could occur. This guide will cover legislation that sets out the duty certain third parties owe you in those spaces.
After listing forms of evidence that would help an amputation injury claim, you can learn about the No Win No Fee terms under which an expert solicitor from our panel could offer their services when supporting your case if you have valid grounds.
Alongside this guide, our advisors can fill you in on all the important information you need about serious injury claims. Their guidance and an assessment of your claim are free and available 24/7, so you can follow any of these routes now to reach them:
Select A Section
- How Much Are Amputation Compensation Claims Worth?
- Bringing Amputation Injury Claims – Eligibility Criteria
- Types Of Amputation Compensation Claims
- What Evidence Could Prove Amputation Injury Claims?
- Get Help From No Win No Fee Amputation Injury Claims Solicitors
There are up to two Heads of Loss when it comes to successful personal injury claims:
- General damages, accounting for physical and mental pain and suffering. And also, if they are awarded;
- Special damages can be claimed if injuries bring about financial losses.
Special damages could factor into lost earnings if you are unable to work during your rehabilitation or if you can no longer work at all due to your injury. In some serious injury claims, special damages will account for the larger portion of the settlement for the fact that life-long care, nursing care, home and vehicle adaptations may be needed, as well as prosthetics, mobility aids, child care and other costs that could be claimed include prescription costs, travel costs or medical care. Retain proof of these losses, for example, keep receipts or financial statements that indicate your expenditure.
Compensation for injuries will be valued based on the facts of the case. Legal professionals can call on medical evidence and also the Judicial College Guidelines. We have used this document to assemble the below table of compensation brackets. This table is only a guide and does not necessarily reflect compensation awarded in amputation compensation claims.
|AMPUTATION INJURY||COMPENSATION BRACKETS||NOTES|
|Multiple Serious Injuries Plus Special Damages||Up to £1,000,000 and above||Multiple injuries of a serious nature plus compensation that covers all financial losses and expenses such as care cost, home adaptation and lost earnings.|
|Arm Amputation (a)||£240,790 to £300,000||The loss of both arms.|
|Arm Amputation - Loss Of One Arm (b) (i)||Not less than £137,160||Arm is amputated at the shoulder|
|Leg Amputations (i)||£240,790 to £282,010||The loss of both legs, with at least one leg amputated above the knee.|
|Leg Amputations (ii)||£201,490 to £270,100||A below-knee amputation of both legs.|
|Hand (a)||£140,660 to £201,490||This bracket features the total loss of both hands.|
|Hand (c)||£96,160 to £109,650||The complete loss of one hand falls into this bracket.|
|Foot (a)||£169,400 to £201,490||Two feet are amputated.|
|Foot (b)||£83,960 to £109,650||The amputation of one foot.|
|Loss Of Earnings||Up to £100,000 and above||Accounting for financial loss through absence from work or inability to seek employment due to the amputation.|
Amputation injury claims are like any personal injury claim in that they must be shown to have legitimate grounds to be pursued. You must meet the following eligibility criteria to claim:
- A third party owed a duty of care at the time.
- They breached this duty, leading to an accident.
- The accident led to your physical and/or mental harm.
This forms the basis of negligence in a personal injury case. Our advisors can explain this further and answer any other questions about amputation compensation claims, so please do not hesitate to call.
Limitation Periods For Amputation Compensation Claims
Personal injury claims are obliged to follow the three-year time limit set out by The Limitation Act 1980. This means that amputation compensation claims must start within three years of the accident which caused the limb loss.
Some cases may call for an exception to the rule, such as if the injured person lacks the mental capacity to start a claim.
Speak to our advisors today to find out your claim’s time limit and to get further insight into potential exceptions.
Injuries with enough severity to bring about amputation could occur in numerous places. In the following subsections, we will look at accidents on the road, at work and in public places that could form the bases of amputation compensation claims.
Road Traffic Accident Amputation Claims
Road users are required to follow rules and guidance put into place by the Road Traffic Act 1988 and the Highway Code. Doing so will ensure they keep to the duty of care to use roads in a way that prevents a road traffic accident. Carelessly or wilfully ignoring the rules of the road puts road users at risk of serious injury.
One example is when a cyclist is hit by a car greatly exceeding the speed limit. The cyclist is thrown from their bike and suffers devastating leg injuries that require a double amputation.
Workplace And Construction Site Accidents And Amputations
Employees are owed a duty of care by their employer, as laid out by the Health and Safety at Work etc. Act 1974. Section 2 of the Act incites employers to take reasonable and practicable steps that keep employees safe. Employers could, for example:
- Perform risk assessments.
- Maintain and repair equipment.
- Provide PPE.
A failure to take such steps could precipitate an accident. For example, unchecked and incorrectly built infrastructure on a construction site causes a scaffolding accident. A worker falls from height and lands on their arm, with irreversible and severe damage that necessitates amputation.
Public Place And Pedestrian Accidents Causing Amputations
The Occupiers’ Liability Act 1957 establishes a duty of care for those in control of public spaces, whether buildings, outdoor spaces or roads. Occupiers must do all they can to keep visitors reasonably safe while on the premises. Failure to uphold the duty of care could mean being liable for an injury sustained in an accident.
An example would be if a supermarket does not ensure shelving is secure and packs on too many products. A shelf collapses onto a passing customer, whose hand is crushed and has to be amputated.
Our advisors can share more information about the rules and legislation relating to amputation compensation claims as part of the free consultation you can get by getting in touch.
The best way to prove third-party liability and pursue a claim is through relevant evidence. Amputation compensation claims could be bolstered by:
- Footage from CCTV or a personal device like a dashcam.
- Photographs of the accident scene.
- Medical records.
- Official records like a car accident report or a work accident book entry.
- Witness contact information.
A solicitor from our panel can assist in putting evidence together and presenting it during the case. To learn more, just contact our advisors online or over the phone.
Support with evidence is just one of the tasks that can be carried out professionally by an experienced solicitor from our panel. As long as you have a valid claim, a solicitor could take your case under a Conditional Fee Agreement (CFA.)
CFAs are a form of No Win No Fee contract that means no solicitor fees being paid:
- As the case continues;
- In situations where the claim ultimately fails.
Your solicitor would take a success fee if the claim wins. The success fee is taken as a percentage of the compensation but is subject to a legal cap stated in The Conditional Fee Agreements Order 2013.
Why Contact Us?
While amputation compensation claims do not necessarily require a solicitor’s involvement, the expert guidance of a solicitor from our panel could make your experience much smoother.
You can learn more about this by talking to our advisors for free today. An advisor can go through the specifics of your situation, let you know if you have grounds to make a claim and connect you with a solicitor from the panel.
To make the most of this free consultation, all you need to do is:
- Call 0161 696 9685.
- Contact us through a web form.
- Select the live chat box below and send a message.
Further Information On Serious Injury Claims
Here are more of our serious injury claim guides:
- Explaining what your serious injury claim for severe PTSD could be worth.
- Discussing details of serious spine injury claims.
- A general look at serious injury claims payouts.
These resources provide some further information:
- NHS information on recovering from an amputation.
- Request traffic camera footage from National Highways.
- Details on getting your medical records from an NHS service.
Thank you for taking the time to read our guide on amputation compensation claims. If you have any questions, please reach out today.