What’s The Process For Making A Claim?
After we’ve talked through what happened to you we’ll be able to decide if your amputation was caused by someone else’s negligence. If we believe that mistakes have been made we'll get evidence from medical experts to support your case.
Specialist care is also an important part of any serious injury claim. We’ll make sure that you have access to the very best medical support while we continue with your case.
We’ll then work out how much compensation you’ll need, taking into account your pain, loss of earnings and the costs of the medical treatment you’ve had so far and will need in the future.
Once we’ve worked this out we’ll negotiate a settlement with the people responsible. If they don't accept fault for your injury or agree to pay compensation then we’ll begin court proceedings – however, the majority of cases are settled out of court.
How Long Do Amputation Claims Take To Settle?
Every case is different. One thing that can extend the time of a claim is finding who is to blame. If we’re able to find out who that is early, this may shorten the time frame of your claim.
If fault isn’t accepted early by those who we find responsible for yours or a loved one’s injuries, your case may take longer. We’ll need to gather evidence to prove fault before we can go to the next stage. Once we find out who’s to blame, we’re able to make a claim for interim payments.
What Are The Time Limits For Making An Amputation Claim?
You’ll normally have three years to make a claim. This is from the date of your accident, medical negligence or workplace injury.
There are some exceptions to this three-year limit, such as cases involving children.
There are no time limits if you're claiming on behalf of someone who lacks mental capacity.
If you’re thinking about making a claim, we say get in touch as soon as possible, so we can discuss your case.
Find out more about claim time limits.
Can I Make A No Win No Fee Claim?
Yes, most of our clients use No Win No Fee agreements for most amputation surgery claims we handle. This means you won't pay anything upfront, and you won't have to pay any legal fees if your claim isn't successful*.
Meet Our Expert Amputation Solicitors
With offices across the UK, we’re consistently ranked amongst the very best serious injury lawyers in the country by independent legal guides, who say we're "incredibly knowledgeable, with the resources to make sure claimants are put in the best possible position" (Legal 500, 2021). We’ve also won Post Magazine’s Rehabilitation Award on seven different occasions and have close relationships with charities like Brake.
Meet the team
How Can Compensation And Our Support Help Someone Who Has Had An Amputation?
Our Support and Rehabilitation team can support you or a loved one. They do this by offering support on how to adapt to a new way of life. This includes:
Finding suitable new accommodation and supporting the adaptation of that property
Looking at prostheses needed. Considering special prostheses, for example for running, skiing and swimming
Looking at silicone covers to cover any prosthetic blade limb from a cosmetic perspective
Looking at supporting ongoing treatments to help with phantom pain to include TMR surgery.
The team will also support you when you’re deciding whether to have an amputation. They do this by:
Supporting the prehabilitation needed for any surgery
Supporting with any psychological needs.
You can use compensation to make everyday life easier. It can help keep your independence and allow you to make the best recovery possible.
Prosthetic limbs can be very expensive. You’ll need several meetings with a prosthetic consultant. By making a claim for compensation, you can pay for better quality prosthetics than those available from the NHS.
You can also use compensation for:
Paying for the prosthetics you need
Psychological help – getting used to life with a disability/prosthetic limb
Support with phantom limb pain/sensation
Home visits from healthcare professionals
Physiotherapy
Helping with lost earnings and travel expenses to medical appointments etc
Adaptations to your home and vehicle
Specialist equipment – advice from an occupational therapist on what devices can help.
How Much Compensation Will You Or A Loved One Receive?
Your compensation amount will depend on several factors, including your age, your recovery time and lifestyle before the amputation.
To get the right value of compensation, we’ll consider the severity of your injury and treatment needed. We’ll also look at future factors. This includes the cost of prosthetics, housing adaptations and care needs.
You can claim compensation for:
Loss of your limb
Not being able to carry on your with your pre accident work
Future care needs (prosthetics, ongoing therapies)
Changes to accommodation, including buying a new house if needed
Increased travelling and holiday costs
Future surgery.
It’s hard to predict exactly how much compensation you’ll get. We can give you a preliminary estimate after we’ve examined your case.
There are three main amputation types and each one presents its own set of challenges:
Leg and/or foot – This sort of amputation often requires a prosthetic or the use of a wheelchair. You can use compensation to pay for physiotherapy, as well as making sure that you get a high-quality prosthetic limb. Funds can also cover any loss of earnings if you can’t work or have to change jobs
Arm and/or hand – If your dominant hand is amputated, you can sometimes expect more compensation. This is because this injury might be seen as more severe. This is due to the fact you’ll need to learn to write and carry out tasks with your non dominant other hand. You might also need to adjust to using a prosthetic limb, which could affect your ability to perform everyday tasks and your job
Toe or finger – Having a toe amputated can affect your balance, your ability to run or walk long distances and even your ability to stand. The amount of compensation you receive can be changed by which toe is amputated. Losing your big toe can have more serious effects. Finger and thumb amputations can need funds to compensate for your reduced ability to grasp and to pay for reconstructive surgery of the muscle.
