Amputation compensation claims

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.