Losing a limb is undoubtedly life-changing. As well as having to adjust to a new way of living and any complications that come with it, you may find that your quality of life changes forever. If the incident that led to limb amputation was caused by someone else’s negligence and could have been avoided, you could have the right to seek loss of limb compensation.
Workplace accidents, collisions on the road and negligent medical treatments are all potential causes of limb loss. Our guide delves into the duty certain individuals could owe you in these scenarios, and how a breach of that duty could lead to a claim.
Continue reading to learn about amputation compensation and what your payout could potentially cover. We also explain why many people benefit from working with a solicitor from our panel on a No Win No Fee basis.
You can learn more about amputation claims by talking to our advisors. Furthermore, you can have your potential case assessed, all as part of our free support service. All you need to do is either call 0800 408 7827 or contact us online any time.
Select A Section
- Can You Claim Compensation For The Loss of A Limb?
- How To Sue For Loss of Limb Compensation
- How Much Compensation For A Successful Amputation Claim?
- Why Claim For Amputation Injuries On A No Win No Fee Basis?
- Read More About How To Claim Loss of Limb Compensation
Can You Claim Compensation For The Loss of A Limb?
A successful amputation compensation claim hinges on proving that a duty of care was owed, then breached, leading to unnecessary harm and suffering. Before we cover how exactly to go about providing the right proof, here is a summary of some scenarios that could lead to a claim for loss of limb compensation.
Accidents At Work
According to statistics from the Health and Safety Executive, Britain’s workplace health and safety regulator, employers reported 5,000 amputations caused by an accident at work from 2014/15 to 2022/23. Not all of these cases would give cause for personal injury claims, but it would be possible to claim compensation for such injuries if it could be shown that:
- An employer (or former employer) owed a duty of care at the time and place of the incident. Employers owe all their employees a duty of care when they are completing work tasks. According to Section 2 of the Health and Safety at Work etc. Act 1974, this duty requires them to take reasonably practicable steps to ensure employee wellbeing.
- They breached their duty by not taking reasonable or practicable steps.
- This resulted in a workplace accident that caused an employee to have their limb amputated, along with any other physical or psychological complications.
These examples highlight how a breached duty could lead to a harmful accident:
- An employer fails to provide training to an employee using an electrical saw. An employee accidentally puts their arm in the way when cutting wood, leading to a traumatic amputation.
- A faulty conveyor belt is not noticed because checks aren’t made on machinery. While working, an employee’s arm is pulled into the machinery and traumatically amputated.
Road Traffic Accidents
Vehicle drivers, cyclists and pedestrians all owe each other a duty of care. As road users, they must navigate roads in a way that keeps themselves and others safe from harm. They can uphold this duty by following the Road Traffic Act 1988 and the Highway Code.
You could make a personal injury claim if a road user breached their duty of care and caused a road traffic accident that led to an amputation injury. For example:
- A drunk driver strikes a pedestrian who is legally using a zebra crossing. The patient suffers devastating limb injuries which necessitate amputation of one leg.
- A car enters a roundabout without looking and causes a serious accident by smashing into another vehicle. The struck car’s passenger requires a leg amputation because their leg is crushed by the impact.
Medical Negligence
Even though we seek medical attention to help us get better, some cases unfortunately lead to unnecessary complications. All medical professionals who care for you have a duty to provide care to the correct professional standard. A medical professional could be liable for a medical negligence claim if their care fell short of these standards and caused an avoidable amputation.
These illustrative cases describe how medical negligence could occur:
- A surgeon mixes up two patients’ records. As a result of the surgical error, a patient loses their arm through an unnecessary surgical amputation.
- Because a GP misdiagnoses sepsis due to not listening correctly to what the patient’s symptoms are, the condition worsens. It is too late to save the patient’s leg once the issue is finally diagnosed.
If you’ve suffered limb loss that was someone else’s fault, you could have the right to seek compensation for its effects. When you call for a free consultation today, you may find that you can be put through to a trained solicitor for professional guidance right away.
How To Sue For Loss of Limb Compensation
A loss of limb compensation claim has a better chance of success with the backing of clear and relevant evidence. Depending on what led to the amputation injuries, you could collect:
- Footage of the incident. This could come from CCTV, a road traffic camera or a dashcam.
- Images of the incident or any visible injuries suffered.
- A copy of a police report or workplace accident book entry.
- Witness contact information.
- Medical records. You can get a copy of your health records to show what treatment and rehabilitation you had to undergo, and if there were complications further to the amputation.
In certain cases, you will need to undergo an independent medical assessment. Results taken from this will be added to the evidence. A solicitor from our panel can be instructed to arrange this, as well as help with evidence collection more generally.
Not everything in the list above will be relevant to every amputation claim. You can learn more about what might be relevant to your case by calling our free helpline for advice.
What Is The Time Limit For Amputation Compensation Claims?
It is also important to consider when the accident occurred, as could determine whether you can claim. This is because The Limitation Act 1980 sets out a time limit for starting legal action. The general limit of three years from the incident date is the same for personal injury and medical negligence claims.
In certain cases, the three-year limit for a medical negligence claim might begin from the date of knowledge, which is when you became aware of substandard care and the fact that the harm you suffered was avoidable.
There can be a limited number of further exceptions to the typical time limit. You can learn more about loss of limb compensation claim time limits by calling us and speaking to an advisor.
How Much Compensation For A Successful Amputation Claim?
If you successfully claim for the loss of a limb, your compensation could be divided into up to two heads of loss. They are:
- General damages, which reflect physical pain, suffering, loss of quality of life and psychological suffering caused.
- Special damages. This second head of loss accounts for the financial damage that an injury causes.
General damages will be calculated during the claim. Those figuring out how much compensation you receive could look at compensation guidelines found in a document called the Judicial College Guidelines (JCG). We have created the table you see below by using the JCG.
However, it is just as important to keep special damages in mind. Given the costs of ongoing medical treatment, prosthetic limbs, home or travel adjustments and more, compensation amounts for special damages can far outstrip general damages. With this in mind, keep hold of any documents that prove financial loss.
When you call to discuss making a loss of limb compensation claim, you can ask an advisor to talk you through what you could potentially be compensated for.
Compensation Table
The top entry is not from the Judicial College Guidelines. Please also bear in mind that this table only works as a guide.
| LOSS OF LIMB INJURY | SEVERITY | COMPENSATION |
|---|---|---|
| Amputation Injuries Plus Financial Losses Or Costs | Very Serious | Up to £1,000,000+ |
| Arm | Both Arms | £293,850 to £366,100 |
| One Arm - Amputated At The Shoulder | Not Less Than £167,380 | |
| One Arm - Above-Elbow Amputation | £133,810 to £159,770 |
|
| Leg | Both Legs | £293,850 to £344,150 |
| One Leg - Above-Knee Amputation | £127,930 to £167,760 | |
| One Leg - Below-Knee Amputation | £119,570 to £162,290 | |
| Hand | Both Hands | £171,680 to £245,900 |
| One Hand | £117,360 to £133,810 | |
| Foot | Amputation Of One Foot | £102,470 to £133,810 |
Why Claim For Amputation Injuries On A No Win No Fee Basis? bb
Whether you need a personal injury solicitor or a medical negligence specialist, our panel’s solicitors are experts in the amputation claims process and can guide your case towards the best possible financial settlement.
You could get professional help with your amputation compensation claim under a Conditional Fee Agreement, which means:
- No upfront or running fees covering the solicitor’s work.
- No solicitor fee at all if the claim fails.
- You pay a success fee if the claim wins. Because of a legal cap applied by The Conditional Fee Agreements Order 2013, only a small percentage of your compensation can be collected.
Our advisors can answer your questions about the legal process and check whether you have a valid reason for claiming amputation compensation. You can be connected to expert personal injury solicitors for further guidance if you do.
Get started now by either calling 0800 408 7827 or going online to contact us and ask about your potential case.
Read More About How To Claim Loss of Limb Compensation bb
Here is some further guidance from us:
- How to sue for a leg injury suffered at work.
- Guidance on suing an insurer for a road traffic accident.
- We explain how a solicitor can help you sue a hospital for compensation.
These resources may also be useful:
- The General Medical Council, a regulator for doctors in the UK, outlines what good medical practice should look like.
- NHS guidance on when to call 999 for emergency care.
- Guidance on Statutory Sick Pay from GOV.UK.
If you have any questions about loss of limb compensation claims, all you need to do is get in touch today for quick and free guidance.