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Amputation Claims

There are few injuries or medical procedures that are more life changing than amputations. Whether it’s the loss of a thumb or the loss of a leg, it’s likely to take a long time for you to readjust to an amputation, and it can have a huge effect on how you go about your day-to-day life.

Unfortunately, many amputations are avoidable. Serious car accidents, accidents at work, or other accidents involving crushing injuries can lead to the loss of a limb – which can feel especially unfair if this is the result of other people’s careless or reckless behaviour. In some rare cases, medical negligence can also lead to conditions becoming worse and needing an amputation, or even the wrong limb being accidentally amputated.

If you or a loved one has had to undergo an amputation because of somebody else’s negligence, we know how difficult this can be to accept. Nobody deserves to suffer because of an accident which was someone else’s fault.

An expert solicitor can help you make a compensation claim to cover the effects your injury has had on your life, as well as the treatment and physiotherapy you need to be able to move on. You can get in touch with a trained legal adviser for free on 0800 234 6438 to find out whether you could make a claim.

What are the different types of amputation?

When you think of an amputation, most people normally think of a leg or an arm – but amputations also include the loss of an ear, a hand or a finger or thumb, a foot or toes, or even the nose. Partial amputations of fingers are far more common than whole limb amputations.

Each type of amputation comes with its own complications:

No matter what type of amputation you’ve experienced, it’s likely you can seek help to make a claim if it happened in the last three years and was somebody else’s fault.

How much compensation could you receive for an amputation?

The amount of compensation you can receive depends on the type of amputation and how severe it is. When making your compensation claim, your solicitor will work hard to get the best possible understanding of how your amputation has affected you and your loved ones, and will fight for a compensation amount which reflects this. Under the Judicial College Guidelines, for example, the loss of an arm at the shoulder could be compensated upwards of £128,710, while an amputated middle finger could be compensated in the region of £13,970.

The loss of part of the index finger may be compensated at around £11,420, while the amputation of the big toe could be compensated in the region of £29,380. These amounts are just a ballpark figure, but an expert solicitor will be able to give you a better idea how much you might be able to claim in compensation for your particular injury.

Amputation caused by medical negligence

If your amputation was caused by a medical mistake at the hospital or in a private clinic, you should be able to make a medical negligence claim against the NHS Trust or the clinic which caused your injury.

If you were suffering an illness or condition that wasn’t managed properly and this led to your limb being amputated, then we might be able to help you make a claim.

To make a successful medical negligence claim, your solicitor will need to prove that the hospital or clinic breached their duty of care to you, and that the amputation was a direct result of that breach.

In the case of wrongful or mistaken amputation – this should be straightforward. In other cases, it might not be quite so clear. In these cases, your solicitor will gather evidence to show that your amputation happened as a result of poor standards of treatment and will also call on a medical expert to give their opinion.

Amputation caused by an accident at work

Whether you’ve lost a limb while using equipment which you hadn’t been properly trained to operate, or you’ve lost a finger by using a faulty machine which hadn’t been regularly checked and maintained, you should be able to make a claim against your employer if it’s clear that they were at fault.

The Health and Safety Executive will probably have been told about the accident by your employer, and any evidence from its investigation can be used to help support your claim.

DID YOU KNOW: In 2018/19, there were 574 amputations as a result of work-related accidents.

Amputations in road traffic accident

Road traffic accidents can be very traumatic – you might also have been left with post-traumatic stress disorder as a result of a serious car crash. Unfortunately, the injuries caused by an RTA can sometimes lead to amputation, especially due to crush injuries caused by the impact.

If the accident was caused by the other driver’s negligence, you could make a claim against them. The compensation will be paid by their insurance company (or the Motor Insurers’ Bureau if the driver was uninsured or cannot be traced).

Occupiers’ liability and negligence

Amputations can also happen due to an accident on private property – for example, this could include shopping centres, leisure centres, supermarkets, restaurants and bars.

The occupiers of those premises have a legal duty under the Occupiers Liability Act 1957 to protect the health and safety of customers and anyone who enters their premises.

If they fail to uphold their duty of care and you’ve lost a limb or have had to undergo a partial amputation as a result, then it’s likely you can claim compensation.

How your compensation can help

After suffering an amputation due to negligence, making a compensation claim might be the last thing on your mind. But the compensation you could receive really can make a huge difference to your recovery and future.

If you’ve lost an arm or a leg, it’s likely your home will need adapting, or you might have to move altogether to a more suitable place. You might also need adaptations to your car so that you can drive again.

On top of this, you’ll probably also need to consider a prosthetic limb, or even a bionic limb. You might have ongoing private physiotherapy and medical support to help you get back to work – all of which needs to be paid for. You can claim these costs back as part of your compensation claim.

Taking time off work can have an impact on your finances, as you may have received reduced pay or no wage at all. In some cases, you might even have had to find a new job. Our solicitors will make sure your compensation includes any lost earnings, as well as any expected lost earnings in the future.

DID YOU KNOW: The number of diabetes-related lower-limb amputations in England has reached a record annual high of over 8,700.
SOURCE: Diabetes UK

How to start an amputation claim

The first step to making a compensation claim is to get in touch with a trained legal adviser for free on 0800 234 6438 to find out whether you could make a case.

The legal adviser will ask you some questions about the events which caused or led to your amputation and will also try to get a clearer idea of the effect your amputation has had on your life. This is so that they can understand whether you’re likely to be able to make a successful case.

If you decide you’d like to go ahead and take the next steps, they’ll be able to find the right personal injury solicitor for your claim and can put you in touch with them straight away.

Your solicitor will aim to make the claims process as simple as possible so that you can receive the compensation you need without being swamped with paperwork and legal jargon. They’ll negotiate on your behalf and will keep you updated on any progress with your claim.

When you submit your details, you'll be in safe hands. Our partners are National Accident Helpline (a brand of National Accident Law, a firm of personal injury solicitors regulated by the Solicitors Regulation Authority). They are the UK's leading personal injury service. Their friendly legal services advisers will call you to talk about your claim and give you free, no-obligation advice. National Accident Law may pay us a marketing fee for our services.

By submitting your personal data, you agree for your details to be sent to National Accident Law so they can contact you to discuss your claim.

If you win your case, your solicitor's success fee will be taken from the compensation you are awarded - up to a maximum of 25%. Your solicitor will discuss any fees before starting your case.