You may have lost a limb or required a surgical amputation following a serious accident. If you have lost a limb, you could experience pain and suffering, with an effect on your daily social and working life, as well as financial losses. In this guide, we explain the eligibility requirements all loss of limb claims must meet to be valid.
We also share how compensation is calculated in personal injury claims and the different damages you could be awarded. We then explore some accidents that may lead to you losing a limb. Additionally, we also share how gathering evidence is important to your case, as well as providing examples of evidence that could support amputation claims. We end this guide by looking at how one of the amputation claims solicitors on our panel could help you with claiming compensation on a No Win No Fee basis.
If you would like to discuss your limb loss claim and receive free advice on the steps you could take, you can contact one of our friendly advisors:
- Call 0800 408 7826
- Ask a question using our live chat.
- Contact us online.
Select A Section
- Compensation Calculator for Loss of Limb Claims
- When Can You Make A Loss of Limb Claim?
- What Types of Accidents Could Lead To An Amputation Compensation Claim?
- What Evidence Could Help With Loss Of Limb Claims?
- Why Claim Compensation for Loss of Limb On A No Win No Fee Basis?
- Learn More About Making A Claim For A Personal Injury
Compensation Calculator for Loss of Limb Claims
In the following sections, we explain the eligibility criteria that must be met to move forward with a personal injury claim. First, we explore the potential compensation that could be awarded for successful loss of limb claims and how it is calculated.
The compensation awarded to you can be made up of two types or ‘heads’ of loss. General damages is the first head of loss and is awarded for the physical and psychological injuries you have suffered.
The legal professionals who calculate the value of general damages can refer to your medical evidence for guidance. They can also compare your injuries to those listed in the Judicial College Guidelines (JCG). This publication provides guideline compensation brackets for a wide array of injuries, including amputations.
Below, you’ll find some examples of these compensation guidelines. Please note, however, that the first entry does not come from the JCG and these are not guaranteed amounts. How much compensation you could receive will be affected by the unique factors of your case.
Compensation Guidelines
| Injury | Severity | Compensation Guidelines | Notes |
|---|---|---|---|
| Multiple Serious Injuries and Financial Loss | Severe | Up to £1,000,000+ | Cases where multiple serious injuries have been suffered as well an impact to income, with medical costs and other financial losses. |
| Arm | (a) Loss of Both Arms | £293,850 to £366,100 | Cases that render the person with full awareness to a state of helplessness. |
| (b) Loss of One Arm (i) | Not less than £167,380 | Cases of amputation at the shoulder. | |
| (b) Loss of One Arm (ii) | £133,810 to £159,770 | Cases of amputation above the elbow. | |
| (b) Loss of One Arm (iii) | £117,360 to £133,810 | Cases of below elbow amputation with phantom pains attracting higher end award. | |
| Leg | (a) Loss of Both Legs (i) | £293,850 to £344,150 | Where both legs are lost above knee or one leg is lost at above and the other below knee. |
| (a) Below Knee Amputation of Both Legs (ii) | £245,900 to £329,620 | Both legs amputated below the knee with severity of phantom pains affecting the compensation award. | |
| (a) Above Knee Amputation of One Leg (iii) | £127,930 to £167,760 | Valued on level of amputation, phantom pain and psychological impact. | |
| (a) Below Knee Amputation of One Leg | £119,570 to £162,290 | Traumatic amputations due to devastating accidents are applicable to the higher end of this bracket. | |
| Foot | (a) Amputation of Both Feet | £206,730 to £245,900 | The ankle joint will be lost for both feet. |
| (b) Amputation of One Foot | £102,470 to £133,810 | The ankle joint will be lost. | |
| Hand | (c) Total Effective Loss of One Hand | £117,360 to £133,810 | Hand was crushed and needed to be surgically amputated. |
In addition to general damages, a second head of loss called special damages may form part of your compensation. These compensate you for the financial harm caused by your injuries. In order to claim special damages, it is necessary to submit proof of these losses, such as:
- Wage slips that show a loss of income.
- Invoices for medical expenses, such as prosthetics and rehabilitation fees.
- Travel tickets or receipts of travel fares to vital appointments.
- Bank statements or invoices for any carers who helped at home.
To receive a free valuation of your amputation claim, you can contact one of the advisors on our team. You can also continue reading this guide to learn what eligibility criteria all loss of limb compensation claims must meet to be deemed valid.
When Can You Make A Loss of Limb Claim?
All loss of limb claims need to prove that negligence occurred in order to be considered valid. In terms of personal injury law, negligence occurs when:
- You were owed a duty of care at the time and place of the accident.
- This duty was breached.
- This breach caused you to suffer your injuries.
A duty of care is a legal responsibility that someone owes regarding your health and safety. You are owed a duty of care in various instances. Some examples include:
At Work – All UK employers owe their employees a duty of care as outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). It requires them to take reasonable steps to ensure the safety, health and welfare of employees whilst performing their duties. You may be able to make an accident at work claim if you suffer an injury due to your employer failing to adhere to this duty of care.
On The Roads – All road users have a duty of care to avoid causing harm or damage to themselves and others whilst using the roads by using them safely and responsibly. Furthermore, to fully meet their duty of care, they must adhere to the Road Traffic Act 1988 and the rules and recommendations outlined in the Highway Code. You may be able to make a road traffic accident claim if you suffer an injury due to a road user failing to adhere to their duty of care.
In Public – Anyone in control of a public area (an occupier) owes members of the public a duty of care, as outlined in the Occupiers’ Liability Act 1957. They must take all steps and measures to ensure the public’s reasonable safety when using that public space. You may be able to make a public liability claim if you suffer an injury due to an occupier failing to adhere to this duty of care.
If you have any questions about loss of limb or amputation compensation claims, or would like to have the eligibility of your case assessed, you can contact our advisors.
What Types of Accidents Could Lead To An Amputation Compensation Claim?
There are various types of accidents that may lead to loss of limb claims. Some examples of how you may lose a limb due to an accident include:
- An intoxicated driver collides with others on the road and causes a serious car accident. In this accident, you suffer multiple injuries, including a neck injury and a severely crushed arm, which later requires surgical amputation.
- Your employer fails to regularly check and maintain a piece of machinery on a production line at your factory job. This results in the machine malfunctioning, and your arm becomes trapped and traumatically amputated.
- A supermarket failed to secure a heavy hanging overhead sign properly. This causes the sign to fall on you, and you suffer a severe crush injury to your leg, which later requires amputation below the knee.
How Long Will A Loss Of Limb Claim Take?
There is no set timeframe for how long it will take a personal injury claim to settle. Various factors can determine how long it takes for a personal injury compensation claim to reach a conclusion. These factors include:
- The length of time it takes to request and gather medical reports.
- Whether the liable party disputes the claim.
- The extent of the injuries and the anticipated recovery times.
If you feel that you have valid grounds to seek compensation or would like to discuss the claims process, you can contact one of our advisors.
What Evidence Could Help With Loss Of Limb Claims?
An important part of the personal injury claims process is gathering evidence. It’s necessary to gather together proof that shows the fault of your injuries lay with a third party who breached their duty of care to you.
Some examples of evidence that could help support loss of limb claims include:
- CCTV, dashcam or any other footage of the accident.
- Photos of the injuries and the accident site.
- The contact information for anyone who witnessed the accident. These people can be approached for a statement at a later point.
- Copies your medical records detailing your injuries.
If have a personal injury solicitor working on your case, they can help you with collecting this and any additional evidence to support your claim.
Can You Claim For An Amputation On Behalf Of A Loved One?
Generally, you will have three years to start your own personal injury claim from the date the accident occurred, as stated within the Limitation Act 1980.
However, in certain cases you could apply through the courts to be a litigation friend to make a claim on someone else’s behalf. This applies to cases where the claimant:
- Is under the age of 18.
- Lacks the mental capacity to manage their own claim.
To learn more about claiming on behalf of a loved one and the exceptions that apply to the personal injury claims time limit, you can contact our advisors.
Why Claim Compensation for Loss of Limb On A No Win No Fee Basis?
If you have a valid case, one of the solicitors on our panel may be able to help you. The solicitors on our panel have years of experience working on various types of claims, including loss of limb claims. What’s more, they can provide their services to qualifying claimants via a Conditional Fee Agreement (CFA) which is a version of a No Win No Fee contract. With a CFA in place, some of the benefits you could experience include:
- No upfront solicitor service fees are required for them to begin working on your claim.
- As the claim moves forward, no ongoing solicitor service fees are needed to be paid.
- Should your claim fail, there is nothing to pay for your solicitor’s completed services.
- Should the compensation claim have a positive outcome, the solicitor deducts a success fee. This amount is a percentage of the compensation. It is subject to a legal limit, so you always receive the majority of your compensation.
To see if one of the No Win No Fee solicitors on our panel could guide you through the legal process of making a loss of limb compensation claim, you can contact a member of our advisory team:
- Call on 0800 408 7826
- Ask a question using the live chat.
- Contact us online.
Learn More About Making A Claim For A Personal Injury
Below are some more guides by us about making a personal injury claim:
- Learn how much compensation you may be able to receive for a bodily injury suffered in an accident.
- See what your personal injury claim might be worth in this guide.
- Learn about the child injury claims process and when you could claim on their behalf.
Also, these external resources may be useful to you:
- Information about amputations in this NHS guide.
- Helpful support group information for amputees from the charity Finding Your Feet.
- Guidance on claiming statutory sick pay (SSP) if you required time off work from GOV.UK
If you have any questions about the loss of limb claims process, please contact one of our advisors today.