Amputation or Loss of Limb Claim

If you or a loved one has lost a limb in an accident that wasn’t your fault, then the professional team of personal injury solicitors at Smith Jones could be able to assist you in claiming for compensation. By choosing Smith Jones to assist, you can ensure that your claim is handled professionally and thoroughly, so you are able to take the time to come to terms with your injury.

For further support, and to help relieve some of the stress, we can also put you in contact with groups and organisations that can provide additional support away from the legal side of your claim. Call us today on 0800 195 95 90 to discuss your claim with a member of our expert team.

At Smith Jones, we know that it’s incredibly hard for both the amputee and their family to adjust to such a drastic and life-changing event. There are a lot of things that need to be considered when moving forward, including getting the best prosthetics to allow you to adjust properly and enjoy an active lifestyle. The expert personal injury solicitor team at Smith Jones have substantial experience in helping the victims of road traffic accidents, workplace accidents, and agricultural accidents. This accumulation of experience has given the team at Smith Jones a comprehensive understanding of the process for claiming compensation in the case of injuries resulting in the loss of a limb.

As well as helping clients who have required an amputation due to injury, the expert solicitors at Smith Jones have also represented people who have required an amputation due to medical negligence. There are many reasons why negligent medical treatment could be at fault, including poor treatment causing infections, diagnosis delays of serious conditions like bone tumours and meningitis, and vascular conditions.

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How Much Compensation For An Amputation?

Amputation Type

 

Compensation Amount Guideline

 

Leg Amputations £81,920.00 – £235,790.00
Loss of One Hand £80,410.00 – £91,660.00
Loss of Both Hands £117,700.00 – £168,520.00
Loss of One Arm £80,410.00 – £109,450.00
Loss of Both Arms £201,300.00 – £250,800.00

FAQ About Amputation or Loss of Limb

TYPES OF AMPUTATION

  • The Different Amputation Types
    • Amputations of lower limbs, including:
    • Amputations through the knee (knee disarticulation)
    • Amputations under the knee (transtibial)
    • Amputations over the knee (transfemoral)
    • Hip joint capsule amputations (Hip disarticulation)
    • Foot or toe amputations

     

    • Amputations of upper limbs, including:
      • Finger or thumb amputation
      • Disarticulation of the wrist
      • Partial or full hand amputation
      • Disarticulation of the shoulder
      • Amputations below the elbow (transradial)
      • Amputations above the elbow (trans-humeral)
      • Elbow disarticulation
      • Wrist disarticulation
      • Finger amputation

     

    • More than one amputation, as a result of either trauma, certain vascular problems, other amputations, or meningitis complications. (Read more about serious injury claims)
    • An amputation that is elective. After an injury that results in a limb being seriously damaged, for many people keeping the limb is a preferred choice, with the management of the pain and symptoms achieved through rehabilitation and medical intervention. In cases where the limb can’t be managed effectively, it causes too much pain or prevents day-to-day activities, some people, with agreement from their doctor, choose to have the limb removed. This can help to increase the quality of the day-to-day life of an individual.

WHAT DOES AMPUTATION COMPENSATION COVER?

  • The cost of prosthetics: One of the main factors in an amputation compensation claim is the cost of prosthetic limbs. Normal day-to-day prosthetics and specialist prosthetics can be claimed for, along with all the ongoing and future costs of maintenance, replacements, and fitting.
  • General damage to expenses: This covers both the compensation for suffering and pain, as well as compensation for the loss of amenities in life. While this is a big part of the compensation claim, the award amounts are not as high in the UK when compared to the amounts awarded in some other countries. The claim amounts vary significantly, between around £250,000 for the amputation of both legs or arms, and around £15,000 for a finger amputation.
  • Property costs: Certain amputations require the amputee to move homes or make adjustments to their vehicle or home. While the law surrounding property cost claims fluctuates, an expert from Smith Jones can advise you on where you stand where you stand in relation to this.
  • Loss of earnings: This includes earnings already lost, future losses, and the loss of a pension. The amount to be claimed for can vary, as a large number of amputees are able to resume their current jobs without the amputation causing any major difficulties. However, where this is not possible, and the amputee is not skilled in any other job area, they could encounter serious problems becoming employed in a new role. The circumstances are very different on a case-to-case basis. Making a claim for compensation in this area can be very complicated, requiring accurate calculations to determine the true loss of earnings. For the loss of pensions, forensic accountants can be used to prepare claims for state and private pension losses. Advice concerning options for re-training and future employment can be provided by specialist employment consultants.
  • The costs of extra assistance and care: An area that requires careful consideration, care and assistance include all tasks that may need doing for the amputee that didn’t have to be done before the injury. This includes, but is not limited to; cleaning the house, weekly shopping, and cooking meals. As well as professional care, this also takes into account the care offered by loved ones. Compensation claims can be made to cover any duration of care, from months to lifetime care in cases where it is required.
  • Additional losses and expenses: All other expenses are determined on a case-to-case basis, calculated off the specific requirements of the amputee. Each expense must be classed as in reasonable This can include anything from a replacement walking stick stopper and specialised eating utensils, to changes to vehicles, new vehicles for mobility, gym equipment, and gym memberships. All equipment must be included in the claim for compensation. A negotiation between parties will normally take place to determine what is and what isn’t reasonable. The experts that have been appointed to the case will usually be required to help during the course of the negotiations.
  • The possibility of future amputation: There are three main instances where the risk of a future amputation could arise:
    • In cases where a limb is injured but has not yet been amputated,
    • Where there is evident infection or deterioration in the limb, or
    • When a complication causes further problems. This could occur in cases such as when an amputation has been performed under a knee, but complications arise that mean further amputation is required above the knee. A medical expert that has been appointed to the case will provide a percentage calculation of how likely this is to occur. If the risk is classed as more than minimal, over 1%, then it must be included in your compensation claim as a form of provisional damages. If the risk has not been included as a provisional damage, extra compensation can be provided along with the lump sum compensation in order to cover the costs associated if extra amputation is needed in the future.

HOW LONG DO I HAVE TO MAKE A CLAIM?

In almost all cases of amputation claims, the claim has to be made in the space of 3 years after the accident has taken place. If the accident involved a child, this is extended to 3 years after their 18th birthday. Where the accident has also resulted in the victim suffering from a diminished mental capacity, and subsequently are unable to manage their own legal affairs, there is no set limit on the time in which a claim must be made.

Nonetheless, for an investigation to begin quickly, we recommend contacting our team of specialist personal injury solicitors as soon as possible after the accident is important. You can contact us at any time if you have concerns over the time between your claim and the accident, or questions about amputation compensation in general. All our initial advice will be free of charge.

FAQ ABOUT AMPUTATION CLAIMS

What are the complications surrounding amputation?

There are a number of complications that can arise during and after an amputation. These can range from psychological issues to problems that can be fatal. Included amongst the physical complications that can arise are:

  • Problems with your heart
  • Infections in the amputation area
  • Mobility issues
  • Blood clots
  • Muscle weakness

In the period after an amputation, it can be difficult to come to terms with the changes in your life. Mental disorders such as anxiety and depression are commonly suffered following an amputation.

Our team of specialist personal injury solicitors have helped many people through the post-surgery stages of amputation. This will enable them to find an outcome that is not only successful, but that has helped them to significantly increase the quality of their life going into the future.

We don’t just help our clients with compensation. At Smith Jones, we assist in helping them to adjust to their new lives both psychologically and physically. When making a claim for compensation following an amputation, we take into account every element of the amputation, and what effect it will have going forward. We are able to put our clients in contact with specialists in amputation pain, physiotherapists, and counsellors that specialise in the problems that amputees face.

 

What support is required following an amputation?

If you, a friend or family member has suffered an amputation, then it can be very hard to know what to do next. You will find after the injury that it can even be difficult to do even the simplest of tasks that you were used to doing before. As such, there are a number of changes that often have to be made, including:

  • Property adaptions
  • Gaining assistance and care
  • Specialised equipment
  • Prosthetic limbs
  • Potentially learning new skills for re-employment
  • Rehabilitation
  • Psychological support
  • Arranging a trust for your personal injury
  • Accessing medical treatment privately and going for rehabilitation therapy

The highly experienced team at Smith Jones will help you from the start all the support, assistance, and care that you need for a good recovery.

 

How can ‘No Win No Fee’ help?

In cases where an individual has suffered an injury such as an amputation, then compensation for the injury is incredibly important. However, court costs can be extremely expensive, especially in cases of an amputation, where negotiations can go on for a long time. This is where a ‘no win no fee’ agreement can provide a solution.

A no win no fee agreement, also referred to as a ‘conditional fee arrangement’, is a legal agreement entered into between an individual and a solicitor. This agreement means that in cases of compensation claims, no fees are paid up-front; the solicitor will handle the case with an agreement in place that states their fee is only paid after the case is won. In cases where the claim is not successful, no payment for legal fees is required.¹³

Money can be a significant worry after suffering a serious injury or paralysis and our experts understand how troubling finances can be after an accident.

If you wish to talk to us about making a claim for an injury that wasn’t your fault, you can call our free advice helpline on 0800 195 9590 and talk to a member of our specialist team. If you would rather submit some details about your accident or injury online, then you can fill in our contact form, and a member of our friendly team will give you a call back to discuss your claim.