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Amputation compensation claims

The serious injury team at Shoosmiths has extensive experience helping clients who have had to undergo an amputation as a result of either an accident that was not their fault or negligent treatment from a health professional. We can investigate your circumstances to established whether you can make a claim for compensation.  We understand that amputation claims need to be handled with care and precision to identify the support you will need during rehabilitation and recovery and the ongoing care, treatment, specialist equipment and other things you may need to maintain quality of life in the future. Our specialist team of lawyers can help you get the compensation you need, while handling your claim with compassion and understanding.

What is an amputation accident 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 a 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

What is a clinical negligence amputation claim?

If the medical team looking after you is negligent in their care, causing you harm as a result, this is classed as medical or clinical negligence.  The medical team is likely to be made up of healthcare professionals such as GPs, doctors, consultants, surgeons or nurses, but it can be any allied healthcare professional as they all have a duty of care to patients.  

Some examples of clinical negligence that may cause amputation include: 

If the negligence necessitates an amputation then you can make a claim for compensation.  For more information read our article discussing some of the common causes of amputation.

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. 

Why should you make a claim following an amputation accident?

Losing a limb is a traumatic, life-altering event. Claiming for amputation compensation can help you make the changes you need to help rebuild your life.

The compensation can help you adjust to your new way of life, fund changes to your home, pay for additional physiotherapy or counselling sessions, make up for any loss of earnings (past and future) and allow you to afford aids and equipment which would not normally be available in the NHS. Our priorities will be to arrange immediate therapy and rehabilitation as well as ensuring you and your family do not suffer financially in the short or long term.

How do you know if you have an amputation claim?

Amputation claims following an accident may appear to be relatively straightforward cases. The nature and extent of the injury are immediately obvious, so there can be no debate about whether your injury will affect you. The only questions will be how much and what kind of support you and your family will need.

Cases involving an amputation can take time to establish both the extent to which you may be disadvantaged by the amputation and to get whoever was at fault for causing the injury to admit it. 

For more information about how you establish fault and the extent of liability and the claims process generally read our Amputation compensation claims FAQs below.

Need more help?

Our team of friendly and experienced specialists is here to help guide you through all aspects of the amputation claims process.

Give them a call today on 0370 086 8687 for an initial consultation.

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Aside from the practical problems the loss of a limb can present, the psychological effect can be equally devastating. The future may seem bleak and uncertain to many recent amputees. It’s also likely that your employment may be affected, adding financial worries to the more immediate challenges you face. We want to help waylay these fears by helping you secure the amputation compensation you need to move on with your life.

That is just what we did with Darren Pugh following an injury he sustained in a serious road traffic accident. Watch Darren's story and discover how our expert amputation claim solicitors helped him.

A different kind of law firm

At Shoosmiths, we work alongside our clients to understand their needs and help them adjust to a new reality following what is often a traumatic period. Our team of dedicated amputation solicitors will help you get support for your immediate and ongoing medical, social and family demands when you need it, for as long as you need it. 

Meet the team

Phil Barnes

Phil Barnes


Medical negligence

Phil is national head of medical negligence. It has been said of Phil that he's the kind of guy to pull out all the stops so call Phil today.

Sharine Burgess

Sharine Burgess


Personal injury

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.

Kashmir Uppal

Kashmir Uppal


Medical negligence

Award winning medical negligence lawyer Kashmir is tireless in her pursuit of accountability. Contact Kashmir today.

Amputation compensation claims FAQs

  • Why should you make a claim following an amputation accident?

    Losing a limb is a traumatic, life-altering event. Claiming for amputation compensation can help you make the changes you need to help rebuild your life.

    The compensation can help you adjust a new reality, fund changes to your home, paying for additional physiotherapy or counselling sessions, making up for any loss of earnings (past and future) and afford the best aids and equipment. Our priorities will be to arrange immediate therapy and rehabilitation as well as ensuring you and your family do not suffer financially in the short or long term.

  • How do you know if you have an amputation claim?

    Amputation claims would, at first sight, appear to be relatively straightforward cases. The nature and extent of the injury are immediately obvious, so there can be no debate about whether your injury will affect you. The only questions will be how much and what kind of support you and your family will need.

    These cases can take time to establish both the extent to which you may be disadvantaged by the amputation and to get whoever was at fault for causing the injury to admit blame. Like any other personal injury claim, you will have a good case if we can prove that, on the balance of probabilities, your injuries and amputation were the result of someone else’s negligence.

    Because amputation claims can be a long and complicated process, and getting someone to admit blame can take time, it's important you choose a team of amputation solicitors you can trust. You'll need a team of people on your side who have a proven track record of helping people in similar situations to yours.

    If you're unsure whether you have an amputation claim, you can call us on 0370 086 8687 or send us a message to set up a phone call with you.

  • What accidents result in an amputation claim?

    Typically, personal injury claims involving amputation occur at work, in public places, and after a road traffic accident.

    Amputation injuries at work

    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 places

    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 the 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.

  • How to make an amputation claim?

    There are statutory time limits involved in making any personal injury claim, so it is important you or a relative speaks to us as soon as possible so we can gather medical and financial evidence in support of your amputation claim.

    Our specialist lawyers will listen to you and give you and your family initial advice without any cost or obligation to use our services. We will happily visit you at home, in hospital or wherever else is convenient for you.

    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.

    We will also arrange for medical experts to assess your injuries and prepare comprehensive reports to properly value your claim. If your injuries were caused by another motorist, your claim will be made against their insurance company. We can also help with amputation claims involving uninsured or untraceable drivers, obtaining a settlement from the Motor Insurers’ Bureau (MIB).

    To start your claim, we'll need you to contact us first. We offer a free, no-obligation chat to talk through what happened and then see how we can help.

  • Who to bring a 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 a 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 0370 086 8687

  • 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 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 proceeding 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 a 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 your 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.

Personal injury amputation claims

Shoosmiths' personal injury amputation solicitors are recognised as leaders in their field of expertise. Forging long-lasting relationships with both clients and medical experts, we have the knowledge, experience, and most importantly the compassion to get the compensation you need.

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Who we work with

  • Brain Injury Group
  • Child Brain Injury Trust
  • Headway
  • SIA
  • Back Up
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  • Forces
  • Bens Heroes Trust

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  • Legal 500
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