Amputation Compensation Claims

The loss of any limb will mean a change in your life, and it does not matter whether it is your little toe or your arm; you still have the right to claim compensation. 

We can support you in your claim for any of the following amputations:

• Upper limb amputations, including:
  • Hand, finger or part of the finger
  • Wrist disarticulation (from the wrist)
  • Trans-radial amputation (at any point from the elbow to your wrist)
  • Trans-humeral amputation (from above the elbow)
  • Shoulder disarticulation
  • Forequarter amputation (removal of the shoulder blade and collar bone)
• Lower limb amputations, including:
  • Foot or toe amputations
  • Knee or ankle disarticulation (below the knee or ankle)
  • Trans-tibial (below the knee), trans-femoral (between the hip joint and the knee) or trans-pelvic (whole lower limb together with all or part of the pelvis)
  • Hip disarticulation (removal of the entire leg through the hip joint)
  • Hemipelvectomy (removal of part of the pelvis)

By coming to us, we will not only consider the short term consequences of your amputation, but also the long term implications.  We will highlight to you the questions you need to be asking of the medical experts, such as the impact the use of your prosthesis may have on other areas of your body and what additional treatment may be needed.  Our specialist experts will also consider the most appropriate prosthetic for you and the separate work, social and domestic areas of your life.

The decision to remove a limb is never one that is taken lightly, and will only be done if it will reduce the pain you are suffering, lead to a greater quality of life or in some cases even save your life.

You may have been involved in a serious road traffic accident, an accident at work or been left susceptible to an infection following surgery which leaves the limb in question vulnerable.

No matter the reason behind the removal of a limb, we understand that it will be life changing for you and those around you.  We can help alleviate the stress from you and provide you with compensation to assist with equipment and rehabilitation to allow you to move forward with your new life.

While it is difficult to say exactly how long compensation claims of this nature will take, due to the complexity and severity, it could take several years to resolve.  We know that you will be keen to settle into a new routine and be as comfortable as possible as early as possible. 

We will therefore attempt to secure an interim payment to cover some of the early expenses that you will be required to make such as investment in the most appropriate prosthetics, paying for counselling or therapy to help with psychological difficulties, changes to your home and to cover any loss of earnings. 

The first step would be to have a free, no obligation discussion with us about your claim and the circumstances that led to the amputation.  We can provide you with the right advice as to the merits of your claim and the different funding options available to you.  If you decide to proceed with the claim, we will work on determining the liability and valuing the claim.

No matter how long the claim takes, we will be with you every step of the way to answer your questions and provide you with the support you need.

The amount of compensation you will receive will be determined by many different factors, including:

• The location of the amputation as this will impact your future mobility, independence and the need for prosthetics.
• The incident that occurred that led to the amputation. 
• The rehabilitation and counselling or therapy that will be required, and whether any of that will be through private medical arrangements. 
• The changes that will need to be made to your home or work life, including any structural changes.
• The professional care that you will require. 
• The prosthetics or specialist equipment that you will require.
• The prognosis, side effects or risk of any future degenerative changes.
• The impact on your career now and in the future.

Your compensation will take into consideration “general damages”, which are for the pain and suffering you have experienced as a result of the amputation, and “special damages” which would include your current and future financial losses such as loss of earnings and costs for care, equipment, travel and other treatments required.

There are time limits that must be considered when making a personal injury compensation claim.  Ordinarily, a claim must be submitted within three years of the date of the accident, known as the limitation period; however we would always recommend you seek legal advice as soon as possible.  Even if this limitation period has passed, do contact us as there are exceptions to the three year limit which we can discuss with you.

Claiming compensation to support you with funding medical appointments, equipment and any renovations needed in your home is important in your recovery, but it will not be enough on its own.  Rehabilitation will help you adjust to using your new limb and come to terms with the emotional toll the experience has had, allowing you to return to your life as quickly as possible.  Rehabilitation can start at any stage, whether that is while you are still in hospital, in a transitional unit if you are discharged from hospital but are not yet fit enough to return home, and when you have returned home. 

During rehabilitation you will meet several different medical experts such as doctors, physiotherapists, nurses and therapists who can help you recover.  We can put you in touch with the right experts for your situation to enable you to lead a full and productive life, which is tailored specifically to you.

It is not only our experts in our Personal Injury team who can help you in your new life.  We also have an excellent Employment Law team who can advise you as to your rights if your accident occurred in the workplace.  Our Financial Services team can advise you as to whether a Personal Injury Trust may be a useful option to you following the payment of your compensation, and our Private Client team can offer their specialist guidance in securing your future through writing a Will, Lasting Power of Attorney or setting up a Trust.