As well as the physical aspects of losing a limb, there is also likely to be a lot of mental harm too. While accidents that result in the amputation of a limb are relatively rare, they do happen. If the accident happened because of another person’s negligence, you may decide to claim compensation from them. In this guide to loss of limb compensation claims, we’ll explain the claims process and provide some example settlement amounts to give you an idea of how much you could receive.
Whether you’ve lost a limb following an accident at work, a road traffic accident, or through medical negligence, we could help you take action. Our team are ready to help by offering a free telephone consultation. There’s no obligation to make a claim but you’ll get sound legal advice about your options. If the claim appears strong enough, we could appoint a personal injury solicitor for you who’ll work for you on a No Win No Fee basis. As a result, you won’t need to pay anything towards your solicitor’s fees unless you are compensated. Knowing this will make the claims process easier and less stressful for you.
If you would like to learn more about claiming loss of a limb compensation, please read the rest of our guide. However, if you’re ready to take action right away, call our claims advisors on 0800 6524 881 to get started.
Table of contents
- Am I Eligible To Make A Loss Of Limb Compensation Claim?
- Evidence To Support A Loss Of Limb Claim
- Common Causes Of Loss Of Limb Claims
- Types Of Limb Amputations
- How Much Compensation For The Loss Of A Limb Could I Claim?
- Loss Of Limb Compensation Amounts
- Time Limits For Claiming Loss Of Limb Compensation
- How Our Injury Solicitors Can Help With Loss Of Limb Claims
You’ll only be able to claim compensation for a loss of a limb in an accident if somebody else was to blame. To verify the chances that your claim could be won, a solicitor will need to determine whether:
- The party you blame owed you a duty of care; and
- That duty was broken following a negligent act; and
- Because of that negligence, you suffered the loss of a limb.
If you’re not sure whether you were owed a duty of care, don’t worry. Our solicitors will use their knowledge to check that before accepting your case. To give you some ideas though, employers must try to keep workplaces as safe as possible, road users must keep each other safe by driving within the law, and medical professionals have a duty of care towards the welfare of patients in their care.
In the section that follows, we’ve provided information on how you can prove the other criteria in the list above.
Proving what happened, who was to blame, and the extent of any injuries is essential if you are to receive compensation for your limb amputation. The types of evidence you could use to support loss of limb compensation claims include:
- Investigation reports. Serious accidents that result in the loss of a limb will often need to be investigated. Therefore, reports from the police, the Health and Safety Executive (HSE), or any other agency could be used as evidence to support your compensation claim.
- CCTV footage. Many accidents are captured on security cameras or dashcam devices. If footage of your accident exists, you should try to secure a copy before it is erased.
- Witness details. In cases where liability for the accident is denied or not clear, witness statements can help to clarify what happened. Therefore, make a note of anybody else who was present at the time you were injured.
- Medical evidence. Whether your limb was amputated traumatically or surgically, medical notes will have been recorded by the hospital that treated you. These notes could be obtained to prove how serious your injuries were.
- Photographic evidence. If you or somebody you are with is able to, you should take photographs of the accident scene. Try to capture the layout of the accident from various angles and before anything is removed.
- Accident Reports. If your injury was sustained at work, in a public place, or on a businesses’ premises, you should report the incident. By law, they must record the incident and give you a copy of their accident report. This can be useful in proving the location, and date and time that the accident happened.
As part of our free consultation, we will review any evidence you’ve already obtained. If more is required, we’ll let you know. Please call today and ask us to review your options.
Limb amputation can be caused by various different types of accidents. In this section, we’ve provided some common examples:
- Motorbike Accidents. Amputations can occur following a motorbike accident if the limb comes into contact with a sharp surface. Also, where the limb is crushed severely, surgical amputation may be required.
- Accidents in the workplace. Any amputation caused by a workplace accident must be reported to the government under RIDDOR regulations. A claim might be possible if your hand was amputated because of a faulty piece of machinery, for example.
- Medical negligence. An example in this category is where a doctor fails to diagnose diabetes correctly. This could result in a claim because when the circulation of blood to a limb is reduced, it may need to be amputated.
- NHS never events. Another form of medical negligence is where a never event occurs. Unfortunately, these can occur and can lead to the wrong limb being amputated despite measures being put in place to prevent this type of scenario.
If you’d like to check whether we could help you make a loss of limb claim, please speak to our advisors today.
The most common injuries that lead to loss of limb claims are:
- Digit amputations. Compensation levels will depend on which finger or toe you lose. For example, if you’ve had an index finger amputated, it would affect you more than the loss of your little toe.
- Leg or foot amputations. You may need to rely on a wheelchair or prosthetic limb.
- Arm or hand amputations. These are likely to affect many aspects of your life and work. Driving, typing, and using mobile devices can all be impacted especially when your dominant arm is injured.
When determining what amount of compensation you could claim for a loss of limb, solicitors will base their calculations on:
- Compensation for general damages. This covers the pain and suffering caused by having lost a limb, and for loss of amenity. Importantly, psychological suffering can be included.
- Compensation for special damages. You’re likely to lose money or incur costs if you lose a limb. Therefore, these could be claimed back. Examples include the cost of a prosthetic limb, changes to your home, adaptions to vehicles, and lost income.
As part of any personal injury claim, an independent medical assessment is required. Your solicitor will usually be able to make this appointment locally.
While each loss of limb claim is different and compensation amounts vary, we have provided some example settlement amounts below for major loss of limbs.
|Loss of one leg above the knee||£104,830 to £137,470|
|Loss of one leg below the knee||£97,980 to £132,990|
|Loss of both legs below the knee||£201,490 to £270,100|
|Loss of both legs||£240,790 to £282,010|
|Loss of an arm below the elbow||£96,160 to £109,650|
|Loss of an arm above the elbow||£109,650 to £130,930|
|Loss of an arm at the shoulder||£137,160+|
|Loss of both arms||£240,790 to £300,000|
These ranges are based on those advised by the Judicial College Guidelines. As mentioned above, each claim will vary, and a medical assessment will be required for your solicitor to provide an accurate figure.
Generally, you’ll have 3-years from the date you lost your limb to make a personal injury claim. There are some exceptions, however:
- If a child has lost a limb. In this instance, the 3-year limitation period will not apply so long as you claim on their behalf before their 18th birthday.
- Where your injuries were not immediately obvious. This might be the case for medical negligence cases. In this scenario, the time limit would begin from the date of knowledge.
Our advice on starting a claim is to do so as early as possible. You’ll find it a lot easier to recall what happened, and locating evidence to support the claim will be easier too.
The length a claim takes to be finalised will vary. If the defendant admits liability early on, your compensation could be paid in around 6 to 9 months. Where it is denied and further investigation is required, the claim may take longer than a year.
When you lose a limb, getting your compensation claim right is important. After all, it could be used to help make coping with your amputation a little easier for the rest of your life. If your claim fails, you could be forced to struggle with the disability that somebody else caused.
We are of the opinion that you are more likely to be compensated correctly if you have a personal injury solicitor on your side. If your claim is accepted, your solicitor will manage all aspects of your claim for you and try to ensure you receive the best compensation payout possible.
If you are ready to take action and would like us to help, give our claims advisors a call today on 0800 6524 881. Your advisor will guide you through the claims process and answer any questions you might have on loss of limb compensation claims.