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Losing a limb can be traumatic and have a devastating effect on your life. Besides the enormous impact on your physical and emotional well-being, concerns about your financial future can be overwhelming. As specialist amputation claims lawyers, we know that a successful compensation claim can significantly affect your life. 

We refer to amputation claims, meaning the removal of a limb due to injury or surgery. 

There are two different types of amputation claims:  

• Traumatic amputations– where a limb is amputated during an accident.
• Surgical amputations– where a surgeon amputates the limb because it cannot be saved. If the amputation was necessary for medical reasons, it would not in itself be a reason for a claim. However, you can claim if the surgeon was negligent and the amputation was necessary due to negligence, or the wrong limb was amputated.

 Whether traumatic or surgical, if you lost a limb due to someone else’s negligence, we could help you to claim compensation and be financially secure, even if the accident that caused your injury was partly your fault. 

Claiming loss of limb compensation

Any personal injury claim has two stages. 

• First, we must establish that the other party was negligent in causing your injury and, therefore, liable. 
• Then we need to consider how much you can claim for losing your limb.

How do we prove liability?

To decide whether the other party is liable for your injury, we must prove they were negligent. It doesn’t matter if you were partly to blame for the accident; we can still claim compensation. 

 Whether you have the right to claim is independent of whether you were partly to blame. It may affect the amount of compensation, but you still have the right to claim compensation. 

 If we can prove that losing your limb was caused by someone else’s negligence, we have a claim.

 We ask these questions: 

• Did the other party owe you a duty of care?
• Did they breach that duty? 
• Was your amputation a direct result of that breach? 

 Answering the questions depends on the circumstances around losing your limb. If we can prove all three questions, we have a compensation claim.

 Common examples of negligence that we deal with regularly include: 

• Road traffic accidents

All road users have a duty to take reasonable care to avoid doing anything they can reasonably foresee would cause injury to others. If you lost your limb due to someone else’s careless driving, you could claim compensation.

• Accidents at work 

Your employer has a duty to provide a safe working environment. Suppose you lose a limb due to faulty machinery or lack of protection measures. In that case, your employer might be liable to pay compensation.

• Medical negligence

If your doctor failed to diagnose a condition, such as diabetes, and you lose a limb due to the failed diagnosis, or you get an infection after surgery leading to losing a limb, and you can prove the doctor was negligent, you have a claim for compensation.

Whatever caused the accident that resulted in you losing a limb, if we can prove negligence, we can assist in your compensation claim. 

 How much compensation can you claim for losing a limb? 

A loss of limb claim depends on many factors. No one can give you an exact amount of how much you will receive. After years of experience in successful loss of limb compensation claims, we can provide a fairly accurate estimate of what you can expect to receive in compensation.

 Compensation amounts depend on the severity of your injury and many other factors. Losing a limb is not only traumatic – but it can also leave you unable to work and having to make adaptations at home to accommodate your new lifestyle – not to mention all the medical bills and future medical costs. 

 The Minister of Justice published the Judicial College Guidelines with estimated compensation amounts for different amputations.

 The guidelines set out a range of compensation, for example:  

• for a loss of one leg above the knee, the compensation range is £89,440 to £117,280; 
• for a loss of a hand £82,040 to £93,540; and 
• the loss of an index finger £11,420 to £17,590.

 We use these guidelines as a starting point when calculating general damage. We add financial losses to your claim as special damages. 

• General damages refer to pain and suffering and loss of amenities. For loss of limb cases, the amount is based on the type of injury and the severity of your injury. Calculating “pain and suffering” is not always straightforward, but this is where we use the guidelines as a starting point. We can also claim for psychological suffering, not just physical pain and suffering. Loss of a limb may affect your self-esteem and body image, or you may become anxious or depressed.

• Special damages refer to financial losses as a result of your injury. We can claim for any of the following:
• Loss of earnings and loss of future earnings 

When you lose a limb, it is highly likely that you will suffer significant financial losses. Depending on your injury, you might not be able to return to work or to the same job you did before. Either way, we can claim for loss of earnings and loss of future earnings.

• Medical expenses

Medical costs can be significant, especially if you need rehabilitation and aftercare. Often the loss of your limb is not the only injury you suffered in an accident. Overall medical expenses can be huge. If you need a prosthetic limb, a wheelchair, crutches, etc., the cost must be added to your claim.

• Travel costs

You might need to travel to and from therapy sessions for a long time or even the rest of your life.

• Physiotherapy and other rehabilitation costs 

You might need an exercise programmed and treatment to help with recovery. 

• Psychological therapy

 Losing a limb is traumatic and could be life-changing. It can affect your mental health, and you may need therapy to adjust to your new life. 

• Adaptations to your home or car

To live as independently as possible and adjust to life as an amputee, you might need specialist equipment and extensive adaptations to your home and car. We can include all these extra expenses in your claim.

• Care costs

You can claim the cost of immediate care. If you need ongoing care, the cost of a carer can be included, or if a family member will look after you, their loss of income can also be considered.

The exact amount that you will receive depends on your unique circumstances. The final amount of your claim will include both general and special damages.

What if you were partly to blame for the injury? 

You can still claim compensation even if you feel you contributed to the incident causing you to lose a limb. Your compensation may be reduced relative to your portion of the blame. In legal terms, we refer to it as contributory negligence, but it does not stop you from claiming.

How long does an amputation claim take to be finalised? 

We understand your anxiety about your financial future when losing a limb. However, it is not wise to rush into a compensation claim. Ultimately, our aim is that you are financially secure after losing your limb. We need to calculate damages as accurately as possible.

Factors that can influence how long it takes to finalise include the following: 

• The complexity of your case 

It can take longer if the other party denies liability or claims you are to blame. 

• The seriousness of your injury

If your amputation requires ongoing medical care, rehabilitation and caring, it can take longer to assess the true impact on your life and calculate the appropriate compensation.

• Are the parties cooperating? 

If both parties cooperate, the process is always quicker.

• Settlement vs going to court

Most amputation compensation claims are settled through negotiation between the parties. However, it can take longer to finalise if we need to go to court to get the best outcome for you.

Depending on the circumstances, we may be able to claim interim payments to cover your immediate expenses.

Is there a time limit to start an amputation claim? 

Yes, as with all personal injury claims, the limit is three years after the date of the incident that caused the amputation. In the case of children, if no one claims on their behalf before they turn 18, they have three years from turning 18 to claim. 

Starting as soon as possible is always good advice. It gives your lawyer the time to collect as much evidence as possible to build a compelling compensation claim. 

How can we help you?

We know that losing a limb is about much more than money. The loss of a limb can have a significant effect on your life. Whether we help you negotiate a settlement or fight for your rights in court, we can help you to recover financially, and secure your financial future by claiming the compensation you deserve. 

After years of successful loss of  limb compensation claims, we have access to medical and rehabilitation experts, employment consultants, and experts to help us work out the costs of home and car adaptations. Our experience enables us to calculate accurate claims to secure your financial future.

Ultimately, we want the best outcome for you and your family.