When a limb is amputated, it’s often life-changing. This situation becomes even more difficult if the amputation is due to somebody else’s negligence. Whether caused by a road traffic accident,
workplace injury, or medical negligence, an amputation that wasn’t your fault can have serious physical and emotional consequences. If this has happened to you, you may be eligible to make an amputation claim for compensation.
We can help if you’re thinking of starting an amputation claim. Our team of specialist advisors can review your claim and offer advice on a no-obligation basis. If your claim appears to be viable, it could be referred to one of our personal injury solicitors. To make the amputation claims process a little less stressful, they’ll work on a No Win No Fee basis if your case is taken on.
To contact us about an amputation claim today, please call 0800 6524 881. Alternatively, use our live chat, fill out a callback form, or simply continue reading.
Table of contents
- What Is An Amputation?
- Am I Eligible To Make An Amputation Compensation Claim?
- Common Causes Of Amputation Claims
- How Much Compensation Will I Get For An Amputation?
- Evidence To Support An Amputation Claim
- Time Limits For Claiming Amputation Compensation
- How Long Does An Amputation Compensation Claim Take?
- Do I Need A Personal Injury Solicitor To File An Amputation Claim?
- Starting The Amputation Claims Process
What Is An Amputation?
Amputation refers to the removal of a limb due to injury, disease, or surgery. In the context of amputation claims, this typically involves the loss of an arm, hand, finger, leg, foot, or toe.
There are two main types of amputation:
- Traumatic amputation. When a limb is amputated during an accident.
- Surgical amputation. When a limb is surgically removed because it cannot be treated or saved.
In addition to the physical suffering, amputation can also have a significant psychological impact.
Am I Eligible To Make An Amputation Compensation Claim?
Regardless of the reason for your amputation, a solicitor will need to check a few things before they can take your amputation compensation claim on. Therefore, when your case is reviewed, the following will be checked:
- Were you owed a duty of care by the defendant?
- Did they breach that duty through negligence?
- Did their negligence directly result in your amputation?
If you can answer yes to all three questions, you may have grounds to make a claim. In a later section, we’ll look at the types of evidence that can support your case.
Common Causes Of Amputation Claims
Amputations can happen in a variety of situations caused by negligence. Some common causes of amputation claims include:
- Road traffic accidents. Amputations can happen when a driver, motorcyclist, or pedestrian is involved in a severe collision.
- Workplace accidents. For example, if a worker’s fingers are severed by faulty machinery or their leg is injured due to a lack of protective equipment.
- Medical negligence. An amputation may be required if a condition like diabetes is misdiagnosed or if delayed treatment leads to complications.
- Accidents on building sites. Workers may suffer amputation injuries if heavy equipment or materials fall and crush limbs.
- Farm accidents. Machinery like tractors or harvesters can cause traumatic amputations if not properly maintained or operated.
If you’ve suffered an amputation due to any of these types of accidents, call our advisors today to check if you may be eligible to claim compensation.
How Much Compensation Will I Get For An Amputation?
Compensation for an amputation claim is based on two types of damages, and each must be supported by strong evidence:
- General damages. These cover the physical pain and psychological suffering caused by your amputation. To assess the severity of your injuries, an independent medical expert will evaluate your condition. Our personal injury solicitors will always try to arrange your medical assessment locally to you.
- Special damages. These account for financial losses due to the amputation. Some examples are:
- lost income;
- medical costs;
- travel expenses;
- care requirements;
- modifications to your home or vehicle.
If you call for a free review of your case, we’ll consider any financial losses that could be claimed by you.
Amputation Compensation Amounts
In this section, we’ve included amputation compensation amounts. The amounts shown are based on figures from the Judicial College Guidelines (JCG). JCG figures are used by courts and legal professionals when deciding upon compensation levels.
As mentioned earlier, the compensation for your injuries is just one part of your claim, so these figures won’t form the complete picture. Also, since every amputation compensation claim is unique, the amount you receive may be more or less than the figures quoted here.
| Type Of Amputation | Compensation Amount | Comments |
|---|---|---|
| Amputation of both arms | £293,850 to £366,100 | Being fully aware of the injury and reduced to a state of helplessness. |
| Amputation of one arm at the shoulder | Not less than £167,380 | |
| Amputation of one arm above the elbow | £133,810 to £159,770 | The shorter the stump of the arm is will tend to produce an amount towards the higher end of this range. |
| Amputation of one arm below the elbow | £117,360 to £133,310 | Amputation leaving severe pain and phantom pains tend to be awarded the higher end of this range. |
| Finger Amputation | ||
| Index, middle, and ring finger amputation | £75,550 to £110,750 | The hand has been left almost useless with very little grip capability. |
| Amputation severely affecting the hand | £35,390 to £75,550 | Where the hand has been left with around 50% capacity. |
| Little finger amputation | £10,550 to £14,940 | Being fully aware of the injury and reduced to a state of helplessness. |
| Amputation of little and ring fingers | Around £26,620 | |
| Removal of the terminal phalanges from the middle and index fingers | Around £30,500 | Leaving impaired grip, restricted movement, scarring. |
| Thumb amputation | £43,350 to £66,920 | |
| Severe thumb injury | £15,370 to £20,460 | Amputation of the tip of the thumb that may cause loss of grip and dexterity. |
| Leg Amputation | ||
| Both legs amputated | £293,850 to £344,150 | Amputation of both legs above the knee. This range of compensation is also appropriate where one leg is high above the knee and the other is below the knee. |
| Amputation of both legs below the knee | £245,900 to £329,620 | Will be dependent on the level of amputation. Also taken into account are the severity of issues such as pain, prosthetic use and other potential side effects. |
| Amputation of one leg above the knee | £127,930 to £167,760 | Factors taken into account are the level of amputation, how severe any pain is, side effects such as backache, associated psychological issues. |
| Amputation of one leg below the knee | £119,570 to £162,290 | A straightforward amputation would be at the lower end of this range. A traumatic amputation would receive higher. Factors as mentioned previously are also factored in. |
| Foot Amputation | ||
| Both feet amputated | £206,730 to £245,900 | The severity of any associated issues such as pain, phantom pains, side effects, prosthetic use etc can effect the level of compensation in this range. |
| One foot amputated | £102,470 to £133,810 | The level of compensation you receive in this range will also be determined by taking into account factors like how severe any pain/ phantom pain is, prosthetics usability, associated side effects. |
| Toe Amputation | ||
| Amputation of all the toes | £44,570 to £68,430 | The level of compensation you receive can depend on whether the amputation was traumatic, how much forefoot was lost, mobility issues. |
| Amputation of the big toe | Around £38,210 | |
| Other toe amputations | £16,770 to £25,710 | Amputation of a toe (not including the big toe) or two toes would expect to receive compensation in this range. |
The severity of your injuries is the main factor used to determine compensation amounts. For example, compensation for a finger amputation would generally be less than for an amputated leg where a prosthetic limb is required.
Evidence To Support An Amputation Claim
If your amputation claim is related to an accident, gathering strong evidence is vital. Some key examples are:
- Medical records. These are essential in any amputation claim and can be requested from the hospital where you were treated.
- Photographs of the accident scene. Photos or videos that capture the cause of the accident should be taken as soon as possible. They can help explain what happened.
- Accident reports. If the accident occurred at work, in a public place, or on business premises, an accident report form should be completed. You can request a copy to help confirm the date, location, and time of the incident.
- Health and safety records. If the amputation occurred in the workplace, records of safety procedures, maintenance records, or any previous safety violations can help prove negligence.
- Witness details. If the defendant denies liability, witness statements can be valuable. Be sure to collect contact details from any witnesses.
- CCTV or dashcam footage. If the accident was recorded, you have the right to request a copy. This footage can clearly show how the accident occurred, but act quickly as recordings may be deleted after a short period.
- Financial evidence. Collect wage slips, invoices, and receipts to support claims for lost income, medical costs, rehabilitation, or any necessary home or vehicle modifications.
- Prosthetic assessments. If you require prosthetics, assessments and associated costs for fitting and ongoing care can be used to calculate compensation.
Collecting the above evidence will improve your chances of proving your case. Our solicitors can help obtain this information if needed. If you’d like one of our advisors to review any evidence you’ve already gathered, please call our team today.
Time Limits For Claiming Amputation Compensation
The time limit for personal injury claims is typically 3 years. For amputation claims, this usually starts from the date of the accident that caused your amputation. However, there are some exceptions to this rule, so please get in touch for advice on your specific situation.
If the claim involves a child, a litigation friend could claim on their behalf at any time before the child’s 18th birthday. If no claim is made by then, the child will have three years from their 18th birthday to file a claim.
Another exception applies if the claimant has impaired mental capacity. In this case, the 3-year time limit is paused until they regain capacity. Importantly, a litigation friend can file a claim on their behalf during this period.
We’d suggest starting your claim as early as possible. By doing so, you’ll give your solicitor plenty of time to collect the evidence to back up your claim. Also, if you could benefit from private rehabilitation or a prosthetic limb that’s better than those offered by the NHS, your solicitor could ask for an interim payment from the defendant to cover the associated costs.
If you’d like to discuss how long you have to file an amputation claim or if you have any questions, please contact us. There’s no obligation to proceed, and we’ll review your case and provide free legal advice on your options.
How Long Does An Amputation Compensation Claim Take?
The length of time it takes to settle an amputation compensation claim can vary depending on several factors, including:
- The complexity of the case. The more complex the case, the longer it may take to settle. For example, if liability is disputed, it may take longer to reach an agreement.
- The severity of the amputation. If the amputation is severe and requires ongoing medical treatment, for example, a hand amputation as opposed to a fingertip, it can take longer to assess the long-term impact on your life and calculate the appropriate level of compensation.
- The cooperation of the parties involved. If all parties involved in the claim cooperate and respond promptly to requests for information, the process can be quicker.
- Court proceedings. If the amputation claim has to go to court, it can take longer to resolve.
In general, amputation claims can take several months to several years to settle.
Do I Need A Personal Injury Solicitor To File An Amputation Claim?
Generally, any type of compensation claim will end up on the desk of an insurance company. When that happens, the insurer will only pay out if it is evident that their client was responsible for both the accident and your amputation. If either of those can’t be proven, you could be paid a reduced settlement or not receive compensation at all.
We believe that the best way of securing the correct amount of compensation for an amputation is to have a No Win No Fee personal injury solicitor on your side.
Our No Win, No Fee agreement means that you won’t need to pay any upfront legal fees. You’ll only pay a fee if your claim is successful, which will be deducted from your compensation. This reduces the financial risk for you and ensures that your solicitor is fully committed to securing the best outcome for your claim.
Starting The Amputation Claims Process
If you would like to find out whether we could help you make an amputation claim, please call us today on 0800 6524 881.
We’ll review your claim for free and explain your options. If it’s viable, we could appoint an experienced solicitor who will gather evidence and handle all communication with the insurer. Should any objections be raised, they’ll fight your corner and provide additional evidence where possible. If a settlement is offered, your solicitor will ensure it reflects the full extent of your suffering. Rest assured, your amputation claim will be managed with care to secure the compensation you deserve.
