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If you have lost a limb or been forced to have an amputation following a road traffic collision, an accident at work, an incident in a public place, a medical mistake or even a violent attack or terror related event, then it may be possible for you to claim personal injury compensation.

Doing this can never make up for the harm that you have been caused, but it can help to aid your recovery and rehabilitation by ensuring that you can fund any ongoing medical care, cover the cost of specialist mobility aids and home adaptions and also provide you and your family with a degree of financially security.

Loss of limb and amputation claims specialist Abid Hussain explains more.

In what circumstances might a claim be possible?

You will usually be entitled to make a claim for compensation in any case where a limb has been severed, or forcibly removed through surgery, following an accident which was not your fault or as a result of a medical mistake, violent crime, terrorist attack or military accident.

In most cases the claim will be brought against the person responsible for causing your injuries and their appointed insurer, if they have one.  This is unless you are making a claim in respect of injuries sustained as a result of criminal or terrorist behaviour, in which case your claim is likely to be made against the Criminal Injuries Compensation Scheme.

Assuming a claim is possible, what can I claim compensation for?

Compensation can be claimed for a range of things, including:

• the pain and suffering you have had to endure;
• the provision of private physiotherapy, counselling services or follow-up surgical procedures;
• the cost of acquiring a state-of-the-art prosthetic and of replacing it when required;
• loss of earnings where you have had to take time off work or give up your job indefinitely;
• reduction in earnings where your capacity to work is now limited;
• recompense for any care or assistance provided by family and friends;
• the cost of any home or vehicle adaptions needed to aid your mobility;
• the cost of any professional care you may require; and
• reimbursement for any expenses you have incurred, such as travelling costs to attend medical appointments or prescription charges to cover doctor-ordered medication. 

How much compensation am I likely to recover?

The amount of compensation you receive will depend on a number of factors, including the circumstances in which you were injured, the degree of amputation you have undergone, whether you have been left with a permanent disability, whether you need ongoing treatment and care and the extent to which you and your family have or will suffer financially.

In our experience, awards can vary from tens of thousands to hundreds of thousands of pounds depending on the circumstances.

How can I maximise my chances of securing the compensation I deserve?

The best way of ensuring that you recover all of the compensation that you are entitled to is to instruct a solicitor who specialises in loss of limb and amputation claims. By doing this you will benefit from having the support of someone who:

• appreciates the challenges you will face as you adjust to life as an amputee;
• understands the range of rehabilitative treatments and therapies that can help to aid your recovery;
• has in-depth knowledge of prosthetics and the state of the art products currently available;
• has access to a network of experts who can help to support your compensation claim, for example by proving that an accident was not your fault, by giving medical opinion on the physical and psychological impact of the injuries you have sustained, by assessing your existing and future care needs and by predicting the expected financial fallout;
• is experienced in negotiating with insurance companies and with the administrators of the criminal injuries compensation scheme;
• can secure you an interim payment where liability to settle your claim is admitted and you need financial support to tide you over while you wait for things to be finalised; and
• who will provide you with first class representation in the event your claim ultimately ends up having to be determined in court.

Is there a time limit for taking action?

As a general rule, you will have three years from the date on which your injury occurred in which to submit a claim for compensation. This is unless:

• you are making a claim on behalf of a child, in which case a claim can be brought at any time up until they turn 21;
• you are making a claim on behalf of someone who is mentally incapacitated, in which case there is no time limit for as long as the incapacitation continues; or
• you are making a claim in respect of an injury sustained as a result of a violent crime or an act of terrorism, in which case the relevant time limit is reduced to two years.

What should I do if I think I have a claim?

If you or someone you love has recently become an amputee as a result of someone else’s reckless or criminal behaviour, then please call us now on 0800 1956412 to find out whether a compensation claim may be possible.

Finding out where you stand is free as we offer an initial no-cost review and if we agree to take on your case we can usually do so under a no win, no fee agreement, which means that you will not have to pay our legal charges unless your claim is successful.

You may also be covered to bring a case under your car or home insurance, or some other type of scheme, depending on the terms of the policy and the extent of cover provided.

For more information, please visit our loss of limb and amputation claims webpage.