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Delivering legal expertise since 1845

Amputation compensation claims

If you have had to undergo an amputation as a result of either an accident that was not your fault, or negligent medical care from a health professional, our experienced team of specialist lawyers can help you to make a claim and get the compensation you need.

How do I know if I have an amputation claim?

An amputation accident claim arises when a person suffers a partial or complete loss of a limb in an accident caused by the negligence of another. Accidents in which limbs and body parts are severed by the sheer force of impact are classed as traumatic amputations. They usually occur following road traffic accidents involving cars or motorbikes and accidents at work, particularly when people are working with dangerous or unguarded machinery.

Sometimes the amputation of the injured limb is not immediate, but the injuries sustained are such that despite medical interventions, sometimes over a period of years, the limb cannot be saved and has to be surgically removed to prevent further deterioration in health. This is referred to as an elective amputation.

If you or a loved one have been involved in an accident that resulted in a traumatic amputation, or a subsequent elective amputation our team of amputation claim experts may be able to help you get the compensation you need to move forward with your life.

That is just what we did for Nigel Dicker. He sustained life-changing injuries following a motorcycle accident and Shoosmiths fought to get him substantial compensation.

 

Nigel's story

Who can make an amputation claim?

Usually, the person who has suffered the amputation makes the claim, but there are circumstances where you can bring a claim on behalf of someone else:

If you’re not sure if you’re eligible to claim compensation on behalf of yourself or someone else, call 03700 868687 or message us and we’ll advise you of the options available to you.

What are the common causes of amputation?

There are a variety of reasons why you might need an amputation – including serious injury, infection or severe trauma. Some of the most common causes of amputation are:

Amputation as a result of traumatic injury

Amputation injuries in the workplace

Amputation injuries at work often occur in dangerous workplaces where heavy machinery is used. However, accidents can happen in any workplace where employees or colleagues have been negligent.

Many victims of amputation accidents in the workplace are reluctant to take legal action against their employer for fear of jeopardising their employment if they recover sufficiently to return to work. This should not deter you. The law protects employees who take justified legal action if their employer’s negligence was responsible for their injuries.

Amputation injuries in public spaces

Sadly, we have seen in recent years several high-profile amputation injuries in public places, from theme parks to terrorist attacks. Successful amputation compensation claims require negligence to be found on behalf of an individual or organisation.

Amputation injuries following a road traffic accident

Road traffic accidents can cause serious injuries to anyone involved and partial or complete amputations are not uncommon following a crush injury. Following an RTA, an amputation claim can be brought against whoever is deemed responsible for the collision.

Amputation as a result of medical negligence

Amputations can occur as a result of medical negligence, whether through misdiagnosis, delayed diagnosis and/or treatment, or surgical errors. If a medical professional fails to diagnose an illness correctly or causes a delay in diagnosis, conditions that could have been treated earlier may worsen.  This can lead to complications that require amputation.

All medical professionals have a duty of care, and if their actions fall below the required standards, you may be entitled to compensation.

Learn more about amputation negligence claims.

How can an amputation affect you?

An amputation can be one of the hardest injuries to come to terms with, both mentally and physically. At some point, most amputees will experience some unwanted symptoms, such as:

An amputation is also likely to impact the following areas of your life:

It is still possible to enjoy a high quality of life after an amputation, but there will be an important period of adjustment. Securing early intervention and rehabilitation is key to managing the medical and social consequences of undergoing an amputation, and that's where we come in. Shoosmiths partner with world-leading specialists in prosthetics, care, physiotherapy, rehabilitation and accommodation. This places us in a good position to help you during this period of adjustment by ensuring you are aware of the latest medical and technological advances so that you can make choices to improve all aspects of your new life. We will also put you in touch with the right people at the right time so that you can build a support network tailored to your exact needs.

We can also provide guidance when it comes to deciding whether to engage the services of a Case Manager to help with providing care and explaining what you need in the way of aids and equipment and your entitlement to state benefits.

How to make an amputation claim with Shoosmiths

The first step in making an amputation claim with Shoosmiths Serious Injury is simple - just get in touch with our expert team of serious injury lawyers by calling 03700 868687 or sending us a message. We offer a free, no-obligation chat to understand your situation, the impact of your injury, and how we can best support you. This conversation can take place over the phone, at our office, in your home, or wherever is most convenient for you. Our priority is always your wellbeing, and while we work to secure the compensation you deserve, we will also be honest if we believe your case may not be successful.

If you proceed with your claim, our immediate priority will be your health. If needed we can arrange early treatment, obtaining interim payments from the other side to fund any private medical care to ensure your needs are met as quickly as possible.

While every case is unique, the claims process typically follows these steps:

  1. Your case will be assigned to one of our serious injury experts, who will be your point of contact throughout.
  2. We will discuss your funding options, including the possibility of a "no win, no fee" arrangement.
  3. Our team will collect evidence to support your claim, including medical records and expert assessments. You may need to undergo independent medical tests to help determine the full impact of your injury.
  4. The responsible individual or organisation will be notified of the claim and asked to accept or deny liability.
  5. If liability is accepted, we will request interim compensation to help cover treatment costs and financial burdens.
  6. We will calculate the full compensation amount based on your needs, including long-term care and support.
  7. If liability is denied, we will initiate court proceedings. While most claims are settled out of court, this step ensures a deadline for resolution is in place.

At Shoosmiths, our specialist lawyers are dedicated to supporting you and your family every step of the way. Contact us today to start your claim.

Why should you make an amputation claim with Shoosmiths?

Losing a limb is life-changing, and amputation compensation can help you rebuild your life by funding home adaptations, physiotherapy, counselling, lost earnings, and specialist equipment not covered by the NHS. At Shoosmiths, we focus on securing immediate therapy and rehabilitation while ensuring your financial stability now and in the future.

Not only are we with you at each stage of the claims process, but we’ll also stay by your side for years to come – even once your claim is settled and compensation awarded.

You can trust that we have the right expertise – we have specialist accreditations, and we comply with best practice and standards:

Darren’s amputation story

The loss of a limb presents not only practical challenges but also psychological effects that can be equally devastating. The future may seem uncertain for many recent amputees. We aim to ease these fears by helping you secure the amputation compensation you need to move forward.

That’s exactly what we did for Darren Pugh following a serious road traffic accident. Watch Darren's story to see how our expert solicitors helped him.

 

Meet the team

Chris  McKinney

Chris McKinney

Personal Injury

Chris McKinney

Chris will come to your home or hospital. He specialises in spinal injury and has won several multi-million pound claims for clients. Call Chris today.

Sharine Burgess

Sharine Burgess

Partner

Sharine Burgess

Sharine is an award-winning lawyer in the personal injury department, acting on behalf of claimants and their families through a wide range of cases, so give her a call.

Dan O'Keeffe

Dan O'Keeffe

Legal Director

Dan O'Keeffe

Dan is a Legal Director and clinical negligence solicitor, acting for Claimants in complex cases, all over the country.

Amputation compensation claims FAQs

  • What is an amputation?

    An amputation is the surgical removal of a part of the body – for example, an arm or leg. Most amputations involve the removal of part of a limb, such as the section of leg below the knee or arm below the elbow. Amputations can, however, be performed to remove an entire limb too.

  • Who do I bring an amputation claim against?

    To bring an amputation claim, we must first understand who to bring it against. If it's unclear who was the negligent party, hiring a team of expert amputation solicitors can help you ascertain all the facts.

    Because amputation compensation is paid by the negligent party's insurance company, they may offer you an early settlement. We would always suggest seeking legal advice before accepting an offer, because the amount may well be lower than what you need.

  • Do amputation claims end up in court?

    An amputation claim will rarely end up in court. Even if we do start court proceedings, we will often settle out of court.

    Of course, should your amputation claim end up in court, we will be with you every step of the way, keeping you informed about the whole process.

  • Can you bring an amputation claim on behalf of someone else?

    It is possible to make an amputation claim on behalf of someone else if:

    • You're the parent/guardian of a child under the age of 18
    • A loved one is unable to claim themselves because of the injuries sustained

    If you're unsure about whether or not you can claim on behalf of a loved one, you can call us for a no-obligation chat on 03700 868687.

  • How long do you have to make an amputation claim?

    An amputation claim has the same time restrictions as any other personal injury claim. You will normally have three years from the date of the accident to start court proceedings. In some situations, the time limit may be less, for example, accidents on ships and aircraft, when time limits are subject to international agreements.

    However, in certain circumstances, the three-year time limit doesn't apply:

    • You’re acting on behalf of someone under the age of 18: In child injury claims, you can start a claim at any point up until their 18th birthday. Once they are 18, if the claim has not already been settled, they will then have three years to make a claim.  They must then commence court proceedings on or before their 21st Birthday.
    • You’re acting on behalf of someone who lacks the capacity: The time limit only starts when they regain that capacity. If it’s permanent, however, no limit will apply.
  • How much does it cost to bring an amputation claim?

    You don't need to worry about any more financial burdens when you instruct our amputation solicitors. We will usually take amputation claims on a no win no fee basis.

    If your claim is successful, then the majority of our fee will be paid by the other party. The part that you will pay will only be deducted when you receive your compensation, but you will be aware of the likely costs when we take on your case. We aim to keep this sum as low as possible to minimise any deductions from your amputation compensation.

  • How much compensation for losing a limb or digit is possible?

    The amount of compensation you receive following an amputation is dependent on several factors and individual circumstances as such, we can't give a definite amount. However, the claim for amputation compensation will consider the impact your injury has had on your ability to work and any loss of earnings, rehabilitation and medical expenses, adaptations required to your home life, and any additional care and support you need for specialist aids and equipment.

     

    Government help and benefits following amputation accidents

    Central and local government help and benefits are available to amputees. These can include Personal Independence Payments to help with your additional needs, a disabled blue badge for parking and possibly carer's allowance if someone is needed to provide additional care. Social Services may help fund any modifications needed to the home, and you may also qualify for housing benefits and council tax support.

    In general, government support is either means-tested, based on your current income and savings, or based on your National Insurance contributions and an assessment of the level of your disability.

    The standard, comfort and effectiveness of prosthetic devices and artificial limbs are improving for virtually every amputee, but the cost can be prohibitive for the NHS. That's why any amputation claim should cover the cost of these state-of-the-art prostheses so you're not solely relying on NHS funding.

    Setting up a Personal Injury Trust may also be necessary to protect any pay-out award and preserve entitlement to means-tested state support.

    To find out exactly what you are entitled to, visit your local Jobcentre Plus or other useful sources of help and information such as the Citizens Advice Bureau. Civilian amputation charities such as the Limbless Association, Limbcare or the Douglas Bader Foundation and ex-services personnel charity BLESMA are good sources of information about what support is available to amputees and their families.

  • Is financial help available before a settlement is reached?

    Every amputation solicitor in Shoosmiths' specialist personal injury team knows that securing rehabilitation support at the earliest possible time after an amputation is crucial. Wherever possible, we use the Rehabilitation Code to access early support to address the obvious and less apparent physical and psychological complications that amputees can suffer, such as phantom limb pain or the psychological impact of losing a limb.

    The Rehabilitation Code was developed jointly between insurers and solicitors to promote co-operation and is supported by all the main associations for insurers and personal injury lawyers in the UK.

    The Code maintains that ensuring and improving your quality of life should be the top priority of your solicitor and should also be the aim of your opponent's insurance company. The code is designed to promote the use of rehabilitation and early intervention in the claims process, so you make the best and quickest possible recovery.

    That’s why Shoosmiths will take the lead in assessing your medical and financial needs and make sure any immediate needs are met. We can secure interim payments as required and negotiate the best possible award for the continuation of treatment, support and assistance for the rest of your life.

    We will work with you and your family to understand your case, identify your needs and help you gain access to tailored rehabilitation so that you can return, as much as possible, to independent living.

Clients' stories

Call us now

Call us free and speak with a member of our client relationship team who will be happy to help.

0370 086 8687

Lines are open from 9am to 7pm Monday to Friday and 10am to 5pm on a Saturday.

or

Arrange callback

Leave your name and number below for us to call you back.


Thank You

Thank you for contacting Shoosmiths Serious Injury. Your enquiry is important to us. A dedicated member from our client relationship team will be in touch with you shortly.

or

Message us

If you would prefer to write to us, you can send us a message by clicking below and we will get back to you Send us a message

What our clients say

Who we work with

  • Brain Injury Group
  • CESS
  • ABIF

Our accreditations

  • Accredited Personal Injury
  • Apil
  • Avma