A Guide To Amputation Compensation Claims

Man receives treatment after an amputation claim

Amputation refers to the removal of a limb. This can occur as a result of serious injuries sustained in an accident at work, in a road accident, in a public place and medical negligence. It can be one of the most difficult injuries to come to terms with, but you may be able to make an amputation compensation claim for your loss. 

How Long Do I Have To Make My Claim?

Typically, you have three years from becoming aware that the injury might be due to someone else’s negligence. There are some exceptions to this rule: 
  1. When making a claim for compensation on behalf of a child, you may act as their ‘litigation friend’ at any time up until the age of 18. After that, the child has three years to make their own claim. 
  2. There are no time restrictions for making a claim on behalf of a loved one who is ‘mentally incapacitated’ and unable of doing so themselves. 
 

It is in your best interest to get in touch with us as soon as possible to increase your chances of obtaining a successful amputation compensation claim. 


What Can My Compensation For Amputation Cover? 

Ability to work and loss of earnings: Since it can take several months until you’re fitted with a prosthetic limb, your injuries may have required you to take some time off work so that you can properly recover. Alternatively, it may have been so severe that you were unable to work for the remainder of your life. 
Your Solicitor handling your amputation claim will negotiate on your behalf to ensure that you receive adequate compensation while taking into account your loss of income. Additionally, they will consider the effect on your job prospects and any potential future lost wages. 

Medical expenses and rehabilitation: We understand that recovering from an amputation can be a challenging and drawn-out process. You will receive therapy and exercise plans from occupational and physical therapists to aid in our recovery, and as a result of your accident, you might need repeat or lifetime prescriptions. Your expert Solicitor will take these costs into account and may be able to include them in your final loss of limb compensation. In some cases, you may be eligible for an interim payment to cover the costs of your injury right away. 

Adaptations: After having a limb amputated, it’s possible that modifications will need to be made to your home or vehicle to make it more accommodating for the changes in your life. 

We are aware of the distress this can cause, not to mention the high costs of these changes. Our amputation claim Solicitors will make every effort to keep you from incurring financial hardship. 

Aftercare: You might need continued medical care following your injury, check-ups, physiotherapy throughout your recovery and in the future. Even when provided for free, care provided by a loved one or a hired professional may be reimbursed. 

We are aware that many family members selflessly provide care in the wake of tragic accidents. In the perspective of the law, their care still had monetary worth because it might have prevented them from working or cost them money for travel and time. 

This will be taken into account by your Solicitor as they prepare your amputation compensation claims so that it can be paid out in full. 


What Evidence Is Needed To Support An Amputation Claim?

If your amputation claim is the result of an accident, you may be able to present evidence to support a compensation claim, such as: 

Medical records: Whenever claiming compensation for amputation, medical records can be requested and obtained from the hospital that treated you. 

Photographic evidence: Photographs from the scene, of an injury or that captures the root cause can be used to support your claim and can explain the events of what happened much easier. 

Witnesses: The defendant will first be questioned by a lawyer to see whether they accept responsibility for your amputation. If not, witnesses may be questioned about what they observed in a statement. Any witnesses could e a crucial part of your evidence in supporting your claim. 

Accident report: An accident report form must be completed if the incident happened at work, in a public area, or business property. A copy can be used to help establish the incident’s date, place and time. 

Video footage: Video evidence can clearly illustrate how the accident happened. You have the right to seek the owner for a copy of the footage if the incident was caught on it. 

The points mentioned above may increase your chances of establishing what occurred while making an amputation claim, and our Solicitors can assist you in obtaining them if necessary. 

Amputation Caused By Medical Negligence 

Tragically, amputation or limb loss injuries can also result from medical negligence. 

In some cases, It’s possible that a medical professional misdiagnosed or improperly treated a problem, forcing you to have an amputation. If neglected, conditions like infections, diabetes, lack of oxygen to the limbs, or when the bone of a limb is affected by cancer cells, for instance, might result in amputation. Only a small number of amputations occur as a result of clinical negligence, however, it can be very difficult to come to terms with the fact that preventable medical mistakes lead to your amputation which could also lead to lasting mental and physical consequences. If this has occurred, the medical professional may be found to be negligent. If so, you may be able to make a legal claim for compensation for the harm the delay caused.

Our team of expert medical negligence Solicitors are here to help if you’ve had a limb amputated and believe it was due to medical malpractice. 


Amputations Caused By Accidents At Work 

If an event that results in amputation can be linked to employer negligence, you may be able to claim a workers’ compensation claim. Employers are required by law to provide a safe and secure environment for employees and any visitors to a work site. Employer negligence occurs when a company fails to give all of it’s employees the necessary training, an induction to occupational health and safety, the correct equipment, or a safe working environment. 

Amputation compensation claims frequently results from the following circumstances: 

  • Employers failing to offer sufficient health and safety training and guidance 
  • Employers failing to provide appropriate personal protective equipment 
  • Failing to properly maintain and service all machinery 
  • Failing to provide necessary training and ensure employees are correctly qualified
  • A working environment that prevents employees from working safely. 
 
Employers are liable for any injures that occur to the workers they are responsible for if they fail to provide adequate training, guidance, and a safe working environment. A claim for personal injury compensation should be seriously considered by an employees who has to have an amputation due to a workplace accident. 
 

Amputations Caused By Road Traffic Accidents 

Amputation of a body part is one of the most severe and long-lasting traumas a car accident victim can have. 

In a road traffic accident, there are two types of amputation that might occur. An accident-related traumatic amputation happens when a body part, such as, an arm, leg, toe or finger is severed from the body. A surgical amputation is a different kind of amputation that takes place when a body part is so severely damaged and crushed during the accident that it needs to be surgically removed, often in order to save the victim’s life. 

This traumatic accident can have an effect on many aspects of a person’s life and may make it impossible to continue in a previous profession. In order to ensure that you receive these costs as part of your settlement if you had an amputation due to a road traffic accident, it’s crucial to understand the long-term costs you may incur.

 

Why Choose OH Parsons With Your Amputation Compensation Claim?

With a specialist team of serious injury Solicitors, we provide expert legal advice in matters of serious personal injury including amputation claims and medical negligence. 
 

We strive to support each and every client, and we’ll use all of our expertise to your particular case. 

Share:

Search

Recent Posts

Join Our Mailing List

Get Free Consultation

Want to talk to one of our experienced lawyers?

We’re here to help you.