The loss of a limb is a truly devastating and life changing injury, with prolonged physical and psychological impacts. Our guide examines when you could be eligible to claim loss of limb compensation, and under what circumstances an amputation claim could be made.
We examine the duties of care owed by third parties at work, in public places and on the roads, and how breaches of these can result in an amputation injury. We also explain what evidence you can use to prove your claim.
Compensation in successful personal injury claims can be awarded under two different heads of loss. As well as an explanation of both of these, a compensation table has also been provided.
The final section examines the No Win No Fee contract offered by our expert panel of personal injury solicitors.
You can talk to an advisor at any time about amputation claims using the number at the top of the page. We also operate a live chat service and have an online contact form.
Choose A Section
- When Are You Able To Claim Loss Of Limb Compensation?
- What Accidents Could Lead To Loss Of Limb Compensation?
- What Evidence Could Help You Claim Amputation Compensation?
- How Much Compensation For A Loss of Limb?
- Why Claim For Amputation Injuries Using A No Win No Fee Solicitor?
- Read More About Claiming Personal Injury Compensation
When Are You Able To Claim Loss Of Limb Compensation?
Generally speaking, in order to make a personal injury claim you will need to show that a third party owed you a duty of care, and then breached this duty, causing an accident in which you were injured.
Below we have outlined the duties of care owed in 3 different contexts, explaining when you could be eligible to claim loss of limb compensation.
Accidents At Work
Employers are required by law to take reasonable steps to ensure the safety of all employees. This duty of care is set out by the Health and Safety at Work etc Act 1974.
This duty can be met in many different ways. For example, reasonable steps on a construction site are not the same as what would be deemed reasonable in school. To help employers adequately assess risks and take measures to mitigate them, Britain’s national regulatory body for health and safety, the Health and Safety Executive (HSE), provides guidance on various topics such as the proper use of work equipment and what constitutes good training.
To claim for an accident at work, you will need to show that your employer failing to take reasonable steps to ensure your safety caused the accident in which you were injured.
Accidents On The Road
All road users, from pedestrians to HGV drivers, have a collective duty of care to do everything they can to avoid harming one another. This means upholding the rules of both the Road Traffic Act 1988 and the Highway Code.
If drivers fail to uphold their duty to navigate the roads in a way that prevents injury or damage to themselves or others, such as speeding, this could lead to a road traffic accident in which others are harmed. Those who suffer injuries this way could have an eligible personal injury claim.
Accidents In Public Places
Parties in control of public places, referred to as “occupiers,” are required under the Occupiers’ Liability Act 1957 to take steps to ensure the reasonable safety of all visitors to the premises who are using the premises for its intended purpose.
If an occupier, such as a shop owner, were to fail to uphold this duty, for example, allowing faulty and broken shelving to go unrepaired, this could lead to an accident in which a shopper becomes injured. Again, this shopper could have the right to sue for compensation.
To learn more about the eligibility criteria for a loss of limb compensation claim, call our team today.
What Accidents Could Lead To Loss of Limb Compensation?
Breaches of the above duties of care can lead to potentially life-threatening accidents and result in the loss of limbs. We have given a few examples here:
- Inadequate training: A lack of proper manual handling training meant your co-workers overloaded a pump trolley. The trolley collapsed, and the heavy load crushed your leg. You later underwent a leg amputation at the hospital.
- Poor safety features: The railing on a museum balcony was installed incorrectly. You leant on the railing to take a photograph when the railing came loose. You fell from a considerable height and suffered serious injuries to your arms, legs and chest. Your left arm was subsequently amputated.
- Drunk drivers: A drunk driver swerved onto the pavement at speed and hit you as you were walking along. You suffered multiple injuries, including a severely broken leg. Doctors subsequently conducted a surgical amputation of your injured leg.
Amputation injuries can occur in many different accidents. So, to find out more about claiming loss of limb compensation in your particular circumstances, contact our team today using the details provided below.
What Evidence Could Help You Claim Amputation Compensation?
Making a claim for loss of limb compensation will require you to submit some supporting evidence. As well as proving the third party breached their duty of care and caused your injuries, you will also need to show the impacts losing a limb had on you.
Some examples of what evidence is needed in a personal injury claim can include:
- Medical documents: We always emphasise the importance of getting medical attention following an accident. As well as prioritising your health, the records of this treatment, such as copies of scans and test results, can be very useful evidence for your claim
- Workplace documents, such as records of training or maintenance schedules, could show that these tasks were done improperly or not at all.
- A copy of your incident report from the workplace accident book.
- If available, CCTV footage can be acquired.
- Following a road traffic accident, you could get dashcam footage
- Witness contact information as statements from anyone who saw the accident occur can be taken by the appropriate party.
Working with a solicitor may prove beneficial when gathering evidence for amputation compensation claims. If our team decide you have a valid claim, they could put you in touch with a highly experienced solicitor from our expert panel.
Find out if you could be eligible to claim by speaking to our advisors using the details given below.
How Much Compensation For A Loss Of Limb?
Loss of limb compensation can be awarded (on the success of your claim) under two different heads of loss. These are:
- General Damages: for the pain and suffering experienced due to limb loss.
- Special Damages: for monetary losses related to losing a limb.
A potential general damages figure can be calculated by your legal team, using your medical records and the Judicial College Guidelines (JCG). This publication contains injury guideline award brackets, some of which you can see below.
Compensation Table
This table has been included for guidance purposes only, and the top entry has not been taken from the JCG.
| Type of Injury | Severity | Guideline Compensation Figure | Notes |
|---|---|---|---|
| Multiple Very Serious Injuries With Substantial Special Damages | Very Serious | Up to £1,000,000 and up | Multiple very serious injuries in addition to significant financial losses such as lost pay, medical bills and care costs. |
| Leg Injuries | Amputations (a)(i) | £293,850 to £344,150 | The loss of both legs above the knee or one below knee amputation with a high level amputation. |
| Amputations (a)(ii) | £245,900 to £329,620 | Below knee amputation of both legs. | |
| Amputations (a)(iii) | £127,930 £167,760 | Above knee amputation of one leg. | |
| Amputations (a)(iv) | £119,570 to £162,290 | Below knee amputation of one leg. | |
| Foot Injuries | Amputation of One Foot (b) | £102,470 to £133,810 | Treated similarly to a below-knee amputation. |
| Toe Injuries | Amputation of All Toes (a) | £44,570 to £68,430 | Awards are influenced by whether the amputation was surgical or traumatic and the level of forefoot loss. |
| Amputation of Arms | Loss of Both Arms (a) | £293,850 to £366,100 | Such an injury would render a person with full awareness considerably helpless. |
| Loss of One Arm (b)(i) | £167,380 or above | Amputation at the shoulder. | |
| Loss of One Arm (b)(ii) | £133,810 to £159,770 | Above elbow amputation of one arm, the award being affected by how high up the amputation is performed. | |
| Loss of One Arm (b)(iii) | £117,360 to £133,810 | Below elbow amputation with residual phantom and organic pain. | |
| Hand Injuries | Total or Effective Loss of One Hand (c) | £117,360 to £133,810 | An example would be a crush injury followed by surgical amputation |
| Loss of Thumb (r) | £43,350 to £66,920 | The loss of the thumb on one hand. |
Special Damages In Loss Of Limb Compensation Claims
You could receive compensation for your financial losses. The cost of losing a limb can be very significant for your health, well-being and also financially. You may no longer be able to do the job you trained to do, drive or continue with any hobbies or sports you enjoyed. You may need help with everyday tasks such as cleaning, cooking, and other domestic chores, as well as gardening or home decoration. For this reason, your special damages payment will very often be higher than for general damages.
Examples of costs and expenses you could claim for include:
- Lost earnings, future, past and present
- Therapy and counselling.
- Medical bills, rehabilitation and prosthetics
- Care needs, home help, and nursing fees.
Remember to keep hold of financial documents (your payslips, bills for care, receipts) as proof you incurred these losses.
This section has been included for guidance only, as personal injury claims are valued individually. To discuss your particular circumstances further, or to get a free assessment of your claim’s validity, talk to our team today.
Why Claim For Amputation Injuries Using A No Win No Fee Solicitor?
Claiming loss of limb compensation with a No Win No Fee Solicitor will offer you some considerable protection. The highly experienced solicitors on our panel of experts could offer you a Conditional Fee Agreement (CFA) if you’re eligible to claim.
Claiming with this type of contract means:
- No initial fees for the personal injury solicitor to get started on your claim.
- No fees for this work during the claim.
- No fees to pay for the solicitor’s services if the claim fails.
You’ll receive a personal injury compensation award for a successful amputation compensation claim. A percentage of this is taken as the solicitor’s success fee. But because success fees are legally capped, most of the compensation will go to you.
The number at the top of the page can be used to talk to an advisor at any time. We also operate a live chat service and have an online contact form.
Read More About Claiming Personal Injury Compensation
You can read more of our personal injury claims guides here:
- Read our guide to motorcycle accident claims and find out if you could claim compensation.
- Learn more about what common injuries for construction workers you could claim compensation for here.
- Find the eligibility criteria to begin a public park accident claim with this guide.
We have also included these external resources to offer additional information:
- You may entitled to Statutory Sick Pay (SSP) following an accident. Learn More on the Government website.
- The NHS has published this guidance on first aid and what to do after an incident.
- Learn more about the work of the Royal Society for the Prevention of Accidents (RoSPA) on this page.
Thank you for reading this guide to claiming loss of limb compensation. To get further advice or to find out if you could make an amputation compensation claim, talk to our advisors today using the contact information given above.