While it is true to say that improvements in technology mean it is sometimes possible to live an independent life following the loss of a limb, it doesn’t mean life will ever be the same as before. As such, if you’ve lost a limb in an accident that wasn’t your fault, you may wish to start a personal injury claim for loss of limb compensation.
If you’ve had a limb amputated and would like advice on claiming, please get in touch. We offer a no-obligation case review where your legal options will be set out. If the chances that you’ll be compensated are high enough, a personal injury lawyer on our panel may offer to represent you. If they do, you’ll benefit from their legal expertise on a No Win, No Fee basis.
Please call 0800 652 1345 to talk with us or read on to learn more about claiming compensation following the loss of a limb.
Types of loss of limb you could claim compensation for
It is possible to seek compensation for any loss of a limb that resulted from an accident or incident caused by someone else. Some of the most common injuries that are claimed for include:
- Arm amputations at the shoulder or elbow.
- Complete hand amputations at the wrist or partial amputations.
- Partial or complete finger or toe amputations.
- Leg amputations below the knee.
- Complete foot amputations at the ankle or partial foot amputations.
- Leg amputations at the pelvis.
A solicitor from our panel could help with any type of loss of limb compensation claim. If you believe that your injuries were caused by another party’s negligence, please call our team today.
Can I claim compensation for the loss of a limb?
To determine if you can claim compensation for the loss of a limb, several questions need to be considered, including:
- Did the defendant in the case owe you a duty of care?
- Were you involved in an accident or incident as a result of the defendant’s negligence?
- Was a limb amputated during the accident or as a direct consequence of it?
If you can answer yes to all three of these questions, you could have grounds to claim. Of course, proving that you’ve lost a part of your body through someone else’s negligence can be tricky. As such, we’ll explain the types of proof that could help you to do so shortly.
What incidents could I claim loss of limb compensation for?
As discussed in the previous section, you could be entitled to claim damages for the loss of a limb if it resulted from someone else’s negligence. In the next few sections, we’ll review some common scenarios where this might be the case. If we don’t list your type of accident here, please get in touch as we’ll still offer a free consultation to see if you could be entitled to a compensation payout.
Can I make a compensation claim if I lost a limb due to a road traffic accident?
All road users have a duty of care towards each other’s safety. This means that they should drive safely (in accordance with the Highway Code) to try and avoid accidents.
As such, if you’re involved in an RTA caused by another driver’s negligence (speeding, unsafe overtaking, dangerous driving etc), you could claim compensation if a limb was amputated as a direct result of the accident. Claims can be made by pedestrians, drivers, passengers, cyclists and other road users injured through no fault of their own.
Can I claim compensation if I lost a limb due to medical negligence?
Sometimes, amputations are needed to manage pain or to stop the spread of infections. They might be needed because of problems caused by conditions like peripheral arterial disease, gangrene, cancer or diabetes.
Of course, if a limb is amputated to save your life, you wouldn’t be able to claim compensation for your loss. However, if a medical professional makes a mistake that results in an amputation, a clinical negligence claim might be possible.
For example, compensation could be sought if a doctor failed to diagnose your condition early enough and amputation was needed as a result of delayed treatment. In rarer cases, compensation could be claimed for the loss of a limb through a Never Event. This is where a surgeon removes the wrong limb or a perfectly healthy limb by mistake.
Can I make a compensation claim if I lost a limb due to a workplace accident?
As your employer has a duty of care to try and avoid workplace injuries, it may be possible to claim compensation if you lost a limb as a result of their negligence. For example, you could claim if you lost a limb from an accident at work caused by:
- A lack of supervision or safety training – see our guide to inadequate training claims.
- Inadequate, missing or not fit for purpose Personal Protective Equipment (PPE) – see our guide to inadequate PPE claims.
- Faulty, damaged or poorly maintained machinery (a broken emergency stop button, missing safety guards etc) – see our guide to workplace machinery claims.
If you would like to check if you can make a loss of limb compensation claim, please speak with a member of our team today.
How much compensation do you get for a loss of a limb?
You probably won’t be surprised to know that the value of each loss of limb compensation claim will generally be determined by the type of amputation, the amount of suffering involved and how the claimant is likely to be affected in the future.
As such, your physical pain and suffering will be assessed as part of an independent medical assessment. This is something your solicitor will arrange where a specialist will examine you before finding out how the loss of limb has affected you.
Further damages could be awarded in loss of limb claims to cover:
- Psychiatric injuries – depression, PTSD and anxiety for example.
- Any loss of enjoyment of your normal activities and hobbies caused by the lost limb.
- Rehabilitation and medical expenses.
- Care costs – these could pay for a professional carer or cover the time a loved one has spent supporting you.
- Mobility aids and the cost of changing your home (and vehicle) to make it more accessible.
- Travel expenses.
- Lost income. Future losses could be claimed if your amputation will mean you cannot earn at the same level as before your accident.
The loss of a limb can have a massive impact on your life physically, mentally and financially. As such, any compensation should cover all forms of suffering. If you work with a solicitor from our panel, they’ll try to secure as much loss of limb compensation as possible to help you both now and in the future.
Providing proof for loss of limb compensation claims
The majority of personal injury claims for amputations are dealt with by insurance companies. As you may be aware, they usually don’t settle any sort of claim without ample proof of their client’s liability for the accident. For this reason, your solicitor will strive to secure as much substantiating information as possible to try and ensure that you’re compensated. This might include:
- Medical records. The medical notes, scans and X-rays from the hospital that treated you will be obtained to help prove the reason for your loss of a limb.
- Witness statements. If the accident that led to your amputation was witnessed, your solicitor may collect statements from those present at the time.
- Photographic proof. Pictures of your limb from before and after the accident will be used in conjunction with your medical records. Photographs from the accident scene could be used to prove the cause of the accident.
- Accident investigation reports. Many accidents that result in lost limbs are investigated by various authorities such as the Health and Safety Executive (HSE) for workplace incidents. Their report could shed light on how the incident occurred. Also, accident report forms can be used to prove where and when the accident occurred.
- Video footage. CCTV, mobile phone and dashcam footage could all be used to help prove the cause of your accident.
- Financial records. To help recover any financial losses linked to your loss of limb, you should retain any relevant documents including wage slips, bank statements and receipts.
Don’t worry if you’ve not got all of the proof listed here. Your solicitor will work hard on your behalf to gather any information needed if the claim proceeds.
Loss of limb claim time limits
In the UK, there are time limits for personal injury and medical negligence claims. Generally, for loss of limb claims, this will be 3 years from the date your limb was amputated. This might be the date of your accident or it could be from your date of knowledge if you weren’t aware of the fact you’d undergone surgery until later on.
We always suggest that the claims process is started as soon as possible. This is because you may have immediate needs linked to lost income, care costs or treatment costs that need to be dealt with swiftly. In some cases, these could be covered by interim payments which are paid before the claim is settled.
If a child has lost a limb because of someone else’s negligence, the time limit for claiming doesn’t start until their 18th birthday. However, a parent could claim before then so that the child receives their compensation when it’s needed.
No Win, No Fee claims
Possibly, one of your main concerns about hiring a specialist solicitor to represent you is their fees if the claim is unsuccessful. You needn’t be too concerned about that if you decide to work with a solicitor from our panel as they provide a No Win, No Fee service for all loss of limb compensation claims they take on.
Knowing that your solicitor will take on most of the financial risks associated with your claim should make everything a little less stressful. No Win No Fee means:
- If the loss of limb claim is lost, you don’t pay any legal fees.
- You won’t be asked to pay for your solicitor’s work upfront.
- The only time your solicitor will be paid is if you receive a compensation payment.
If your claim is won, a success fee will be deducted from your settlement payment. This is a fixed percentage of your compensation. Because of the type of contract our solicitors use, a Conditional Fee Agreement (CFA), the maximum success fee you’ll pay is 25 per cent of any damages you receive.
Your solicitor will be able to start processing your loss of limb claim as soon as you’ve signed your contract. Once the paperwork has been completed, they’ll contact the defendant to let them know that you wish to be compensated.
As the process progresses, you’ll receive updates from your solicitor. They’ll also be there to answer any questions you think of. What’s more, your solicitor will always involve you in the decision-making process if a compensation offer is made.
To see if you’re able to claim compensation for the loss of a limb on a No Win, No Fee basis, please contact us today.
Start a loss of limb compensation claim today
Calling 0800 652 1345 could be all it takes to begin a loss of limb compensation claim. To start, one of our specialists will find out more about the accident and review any proof you might have.
If the claim appears to have grounds to proceed, we’ll partner you with a personal injury solicitor from our panel. If they decide to take your claim on, you won’t pay any legal costs upfront as you’ll be represented on a No Win, No Fee basis.
Please use live chat to connect with us if you have any further questions on loss of limb claims, or claim your free consultation here.