By Jo Anderson. Last Updated 6th December 2023. Welcome to our guide on making amputation compensation claims for an amputation injury. In it, we explain who could have a claim for amputation, and what damages amputation claims could include as well as including an amputation compensation chart for UK claims.
If you want to know how compensation is calculated in a loss of limp compensation claim, this guide could help. We also give top tips on claiming amputation compensation, and look at how a solicitor could assist with amputation injury claims to ensure you get the maximum compensation possible for your claim.
Further to this, we offer guidance on amputation compensation payouts for 2023 within our injury compensation chart.
If you prefer to be told about the process of making an amputation claim rather than reading about amputation compensation, just call us on 0800 073 8801 today, and we will be happy to talk you through the process of beginning an amputation compensation claim on a No Win No Fee basis.
Select a Section:
- Loss Of Limb – How Is Compensation Calculated?
- When Could I Make An Amputation Compensation Claim?
- Amputation Caused By Medical Negligence
- Evidence To Support Amputation Claims
- No Win No Fee Solicitors For Amputation Compensation Claims
- Useful Links Relating To A Claim For Amputation Compensation
Loss Of Limb – How Is Compensation Calculated?
When you receive a loss of limb settlement after making a successful compensation for an amputation claim regarding an illness or accident that a third-party caused, the payment they have to make will include a number of different types of damages. These damages fall under the two main categories of special damages and general damages. General damages covers the pain and suffering caused by your injuries, whereas special damages covers the financial harm your injuries cause.
When it comes to how compensation is calculated for general damages, the legal professionals can look at the Judicial College Guidelines. This is a publication that provides guideline compensation brackets for different injuries. The figures relate to the general damages portion of your settlement. This compensates for the pain and suffering of your injuries.
We’ve used figures from this publication in the table below. However, you should only use them as a guide.
Injury | Severity | Info | Compensation |
---|---|---|---|
Multiple serious injuries with associated financial losses. | Serious | Multiple serious injuries combined with financial losses and costs, such as loss of income, care costs, medical expenses and travel expenses, for example. | Up to £1,000,000+ |
Arm | Amputation (two) | Complete and total amputation of both arms. | £240,790 to £300,000 |
Arm | Amputation (one) | Complete and total amputation of one arm. | Not less than £137,160 |
Arm | Amputation above elbow | Complete and total amputation an arm above the elbow. | £109,650 to £130,930 |
Arm | Amputation below elbow | Complete and total amputation of an arm below the elbow. | £96,160 to £109,650 |
Leg | Amputation (both) | Complete and total amputation of both legs. | £240,790 to £282,010 |
Leg | Amputation above knee | Complete and total amputation of one leg above the knee. | £104,830 to £137,470 |
Leg | Amputation below knee | Complete and total amputation of one leg below the knee. | £97,980 to £132,990 |
Foot | Amputation (both) | Complete and total amputation of both feet. | £169,400 to £201,490 |
Foot | Amputation (one) | Complete and total amputation of one foot. | £83,960 to £109,650 |
Hand | Amputation (both) | Complete and total amputation of both hands. | £140,660 to £201,490 |
Hand | Amputation (one) | Complete and total amputation of one hand. | £96,160 to £109,650 |
Finger | Amputation | Complete and total amputation of a finger, or multiple fingers. | Up to £90,750 |
Thumb | Amputation (one) | Complete and total amputation of one thumb. | £35,520 to £54,830 |
Toes | Amputation (both) | Complete and total amputation of all toes. | £36,520 to £56,080 |
Big toe | Amputation (one) | Complete and total amputation of one big toe. | In the region of £31,310 |
Toe | Amputation | Complete and total amputation of one or multiple toes. | £13,740 to £21,070 |
Special Damages
Some examples of what you could claim for under special damages include:
- Long-term loss of prospects – if your amputation injury has left you with a serious negative effect upon your ability to earn an income in the future.
- Loss of historical income – if your amputation injury forced you to take a long time away from work, and you lost out financially due to the lost wages. Loss of earnings could represent significant financial losses, and represent significant amounts of compensation.
- The cost of in-home care – if you had to hire in-home help to assist with day to day chores, or you had to hire a private nurse to help take care of you during your recovery or longer.
- Medical fees – if you have had to pay for any medical treatment or services out of your own pocket to have your amputation injury take care of.
- Travel costs – if you have had to travel to visit a doctor to have your amputation injury treated, and during your rehabilitation. Additionally, if you have to travel due to the compensation claim itself, such as visiting your solicitor or attending court, you can claim these costs back as well.
For more information on how much loss of limb compensation you could be awarded, please get in touch on the number above.
When Could I Make An Amputation Compensation Claim?
To be eligible to claim personal injury compensation for an amputation, you would need to meet certain eligibility criteria.
You would have to prove that you were owed a duty of care, and that this duty was breached. Your amputation injury must have resulted from their breach of duty of care.
Several relevant third parties may owe you a duty of care. These may include:
- Employers: Under the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care. This means they have to take reasonably practical steps to keep you safe while working.
- Occupiers: Under the Occupiers’ Liability Act 1957, those who are in control of public places owe a duty of care to members of the public who are using those premises for their intended purpose. This means they have to ensure their reasonable safety while they are in the space.
- Road users: All road users owe a duty of care to other road users. They must take care to use the road in a way that prevents harm coming to themselves or others. To do this, they must comply with the Road Traffic Act 1988 and the mandatory rules in the Highway Code.
If you were owed a duty of care and this was beached, resulting in injuries that require amputation, you may be able to make a claim for amputation compensation.
To learn more about whether you could claim, please contact an advisor. They will talk you through your options and can answer any questions you might have about the claims process.
Amputation Caused by Medical Negligence
It may also be possible for you to claim compensation for an amputation that happened because of medical negligence.
All medical professionals owe their patients a minimum standard of care. This is their duty of care. Should their care drop below this standard, and you lose a limb because of this, you may be able to make a medical negligence claim.
For example, if a surgeon failed to check which body part they were supposed to operate on and amputated the wrong finger, for example, this could lead to an amputation claim. Another example could be if a doctor failed to spot the visible signs of an infection, such as sepsis, leading to delayed treatment and having a limb amputated.
These are just a few examples. Should you wish to get a free case check to see if you could claim loss of limb compensation in the UK, please contact an advisor.
Evidence To Support Amputation Claims
A key element of the amputation compensation claims process is gathering evidence which can highlight that a third party acted negligently and caused your injuries. You are less likely to be awarded a compensation amount if you cannot provide supporting evidence.
Below are some examples of evidence that might typically be used in amputation claims:
- Photographs of your amputation injury
- If your accident happened in a place that has CCTV, you can request the footage
- The contact details of witnesses who can confirm your version of events
- Your medical records as they contain information on how your injury was caused and what treatment you have subsequently received
- A medical expert could assess your injuries and determine if they were caused as a result of negligence
- Proof of financial harm if you are claiming special damages i.e. a bank statement
Get in touch if you would like one of our expert accident claims solicitors to assist you with collecting evidence. They could work with you under a No Win No Fee agreement.
Amputation Compensation Claims – What Are The Time Limits?
We look at what incidents could be eligible for compensation later on in this guide. In this section, we examine the amputation compensation claims time limit. If you suffer an injury that results in an amputation, your compensation claim must be started within the limitation period.
This is typically three years after the accident that caused your injury. It is set by the Limitation Act 1980. However, certain circumstances suspend the time limit. These include:
- Those who lack the mental capacity cannot start legal proceedings themselves. A litigation friend can start the claiming process on their behalf. However, if a claim was not started for them and they regain capacity, the time limit is no longer suspended. This gives the claimant three years from the date of regaining capacity to start legal proceedings.
- Children aged 18 and under will have the limitation period paused until their 18th This gives them three years after turning 18 to begin the claiming process. However, a litigation friend can start a claim for them at any time.
Call our advisors for more information about amputation compensation. Their free advice is available 24 hours a day, 7 days a week.
No Win No Fee Solicitors For Amputation Compensation Claims
Our solicitors operate their services on a No Win No Fee basis which means they can represent amputation claims under a Conditional Fee Agreement. As such, you would not need to pay for their services upfront or while your claim is ongoing. Additionally, if you have an unsuccessful claim, you won’t pay for their services.
The agreement you sign before your claim proceeds will outline the payable success fee that is taken from your compensation should your claim succeed. This is legally capped.
For more information on how one of our solicitors could represent amputation compensation claims, call us on the number above.
Work With An Amputation Solicitor – Claim For Loss Of Limb Compensation Today
After losing a limb, you may be interested in working with an expert amputation solicitor from our team. With years of experience in helping claimants get loss of limb compensation, they’ll be able to help you cover all bases of your claim.
Furthermore, they could help you on the basis of a No Win No Fee agreement, which is discussed above.
To get in touch for a free consultation, you can speak to us in the following ways:
- Using our free 24/7 online chat service
- Call us directly on 0800 073 8801
- Contact us to arrange a free callback
Useful Links Relating To A Claim For Amputation Compensation
- At the link we have given below, you will find full details about amputation injuries that the NHS has published.
- At the link we have given below, you will find details about the Occupiers Liability Act published by the UK Government:
- At the link below you can visit the webpage for the Limbless Association, who provide support to amputees:
- At the link we have given below, you will find a guide to making compensation claims for accidents at work:
- At the link we have given below, you will find a guide for making compensation claims for medical negligence:
- Below, you can find information around making a claim following a misdiagnosis:
Thank you for reading our guide on making a claim for amputation injuries. We hope we have successfully given you enough insight into amputation compensation claims. Plus, including our amputation compensation chart for UK claimants. If you would like to make amputation injury claims with our help, please get in touch.