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Amputation Claims: A Short Guide

If you have lost a limb in an accident that wasn't your fault then you may be eligible to make a claim for personal injury compensation. Our panel of specialist serious injury lawyers are on-hand to assist you.

Losing a limb can be a traumatic and life-altering experience for both the victim and their family. The loss of a limb not only affects many physical aspects of a person’s life, such as being unable to work and participate in sports, but it also has a profound emotional and mental impact. Due to this, many victims experience decreased enjoyment out of everyday life.

The member firms on our panel are passionate about advocating for our clients’ best interests, and strongly believe in the benefits of rehabilitation therapy.

We strive to ensure our clients regain some quality of life following their traumatic accident, whilst ensuring they receive the compensation they deserve for their injuries.

If you have been injured in an accident that wasn’t your fault and have lost a limb as a result, you may be eligible to make a personal injury amputation claim.

Our panel of lawyers have many years of experience in claiming compensation for injured persons. Get in touch with us today to find out how we can help you.

Accidents that commonly lead to amputation

Amputation compensation claims can arise from various accidents and instances of negligence. However there are some common accidents in which amputation injuries are perhaps most likely to occur, including:

  • Industrial accidents: Working with heavy machinery or equipment in industrial settings can pose significant risks of traumatic injury. Accidents such as getting caught in machinery, crush injuries, or being struck by falling objects can result in severe limb damage necessitating amputation.
  • Road traffic collisions: High-speed road traffic accidents or accidents involving pedestrians or cyclists can cause extensive trauma to the limbs. Limbs may become trapped, crushed, or severely injured in the impact, leading to the need for amputation.
  • Construction site accidents: Construction sites present various hazards, including falls from heights, being struck by objects, or accidents involving heavy construction equipment. These accidents can result in severe limb injuries that may require amputation.
  • Electrical accidents: Contact with live electrical wires or high-voltage equipment can cause catastrophic injuries, including severe burns and damage to limbs. In some cases, the extent of the damage may necessitate surgical amputation.
  • Explosions and fires: Explosions, fires, or blasts in industrial settings, residential buildings, or public spaces can cause traumatic injuries, including burns, crush injuries, and blast injuries that may lead to limb amputation.
  • Medical negligence: Surgical errors, complications from medical procedures, or delays in diagnosis and treatment can sometimes lead to severe limb injuries that require amputation. This could include situations such as inadequate blood flow to a limb (ischemia) or infections that lead to tissue damage.
  • Workplace accidents: Beyond industrial and construction settings, workplace accidents in various industries can result in traumatic injuries leading to amputation. This may include accidents involving power tools, heavy equipment, or hazardous materials.
  • Recreational accidents: Activities such as boating, skiing, or recreational sports can occasionally lead to accidents resulting in severe limb injuries. Collisions, falls, or equipment malfunctions may cause significant trauma requiring amputation.

The process of making an amputation claim

Starting an amputation claim may seem daunting and overwhelming. Our network of personal injury solicitors are ready to guide you through the process and offer expert legal advice on any queries you may have.

To begin your claim, you should first get in touch with a personal injury solicitor. Our member law firms are equipped to provide valuable guidance and can evaluate the strength of your claim, helping you understand your legal rights and options.

You should ensure you have gathered all the relevant evidence needed to support your amputation claim. This can include medical evidence, accident reports, witness statements and photographs of the scene of the accident.

Your personal injury solicitors will investigate your claim and determine who is responsible for your injuries. This may be another individual, a company, a local council or a healthcare provider.

The claim will be sent to the at-fault party or their insurance company. They will be given the opportunity to respond to the claim and provide their stance on liability.

It is likely that you will be required to attend an independent medical assessment with an expert who can provide their opinion and prognosis on your injuries. This will help your solicitor to value your claim.

In some cases, amputation claims can be resolved through negotiation with the at-fault party’s insurance company. During these negotiations your solicitor will advocate on your behalf to ensure a fair settlement is reached that will compensate you for the losses you have endured.

In the event that a settlement cannot be reached during the negotiation stage, your case may proceed to court. This means that a judge will determine whether the defendant was indeed responsible for your injuries, and if so, how much compensation should be awarded.

Though the process of making an amputation claim may seem intimidating, your personal injury solicitor will take the lead every step of the way. This means you can focus on your recovery and adjust to a new way of living with your injuries.

Losing a limb is a traumatic and life-altering experience. Our lawyers can help you claim the compensation you deserve, allowing you to get your life back on track following your accident.
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How much compensation could you receive for the loss of a limb?

It is important to understand that there is no general rule on how much compensation you could receive for an amputation claim. Many factors are taken into consideration when calculating the compensation amount you are owed.

Your solicitor will consider which limb was amputated, the type of amputation; whether it was a full or partial amputation, and the impact it has had on your life (eg. if it prevents you from doing your job).

Amputation injuries generally have a long-term impact on a victim’s life, which means compensation amounts may be higher. Compensation can also enable claimants to make special adaptions to their home, or to be fitted with specialist prosthetic limbs.

In short, compensation for amputation claims is typically split into two categories. These are general damages and special damages.

General damages account for your pain, suffering and loss of amenity as a result of your injuries. These can be more subjective to varying amounts due to differing circumstances in every personal injury case.

Special damages are quantifiable losses that you have incurred as a result of the accident and subsequent injury. These could include loss of earnings to include past and future income. They may also cover the costs of any private medical treatment, travel costs to and from appointments and any modifications to your home to accommodate your disability.

Our solicitors can also negotiate with the at-fault party’s insurance company for you to receive interim payments in advance of the final amount of compensation being agreed. This can ensure you have the means to receive any specialist medical care you may need whilst negotiations are still on-going, meaning you are able to get on the road to recovery much quicker.

Rehabilitation treatments

Our member firms are all highly passionate about the benefits of early access to rehabilitation treatment for victims of serious injury. They believe that specialist rehabilitation services should be accessed as soon as possible. They will therefore advocate for you to receive specialist treatment whilst your compensation claim is still on-going.

Rehabilitation is important to help you regain mobility, strength, and independence after limb loss and you may work with a range of specialist rehabilitation experts including physiotherapists and occupational therapists to name only a few. We strongly believe that early and comprehensive rehabilitation is essential for maximising your functional ability and improving your quality of life following your accident.

Time limits for making an amputation claim

The time limit for making an amputation claim is set by The Limitation Act 1980, and like all personal injury claims, is typically three years from the accident that caused your injury.

It must be noted, however, that there are some exceptions to the three year rule, such as:

  • Minors: If the injured person was under the age of 18 at the time of the incident, they have until their 21st birthday to make a claim. Alternatively, a parent or legal guardian can make a claim on their behalf at any time before they turn 18.
  • Mental capacity: If the injured person lacks the mental capacity to make a claim themselves, there is no time limit as long as they remain incapacitated. If they regain capacity, the three-year time limit begins to apply.
  • Criminal Injuries Compensation Authority (CICA) claims: If the injury resulted from a criminal act, such as assault, the time limit for making a claim to the Criminal Injuries Compensation Authority is usually two years from the date of the incident.
  • Medical negligence: In cases of medical negligence, the three-year time limit generally starts from the date when the injury or harm occurred or from the date when the claimant became aware (or should have become aware) of the negligence, known as the “date of knowledge.”
  • Boat or plane claims: If you had an accident on a boat or a plane, then you have 2 years to make a claim.

It is important that you make your claim within the time limits mentioned above as missing the deadline will mean your claim is time-barred. This means you could lose the right to seek compensation.

Why choose Major Trauma Group?

Our member firms possess decades of experience in assisting with personal injury compensation claims and can provide valuable assistance to those wishing to make a claim.

The serious injury specialists on our panel understand that taking the step to make a claim can be daunting, which is why we are passionate about providing dedicated support to our clients every step of the way during the claims process. 

In most cases, we can offer our expert legal services on a no win, no fee agreement basis. This means you do not need to worry about the financial risk of making a claim.

If you would like more information on our services and how a member firm from our panel could assist you with your amputation or loss of limb compensation claim then please do not hesitate to get in touch with us today using the contact form below.

Struggling after injury?
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Struggling after injury?
See how Major Trauma Group can help...

Who are the serious injury solicitors of Major Trauma Group, and how can they help me?

Who are the serious injury solicitors of Major Trauma Group, and how can they help me?

Serious injury? Get in touch to see if you can make a compensation claim

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