It is undisputed that an amputation may cause a huge impact on your daily life. Even with the latest prosthetic legs, an amputation could hinder you physically and result in psychological effects. If your amputation occurred due to someone else’s negligence then you’re within your rights to claim compensation from them to compensate for the suffering you’ve suffered. This article about compensation for amputation claims will help you understand how to initiate your claim , and discuss what you may be entitled to compensation for.
Can I be compensated for an Amputation?
Before we take a explore the kinds of accidents that may result in amputation injuries we will examine the main guidelines for claims for compensation for amputations. Prior to a personal injury lawyer from our firm take an injury claim they’ll always verify whether
Duty of care due to the plaintiff (you) through the defendant (the entity you’re seeking to sue) in addition to
The negligence of the defendant led to an accident.
Amputations occurred as directly as a result of this accident.
Amputations may be painful i.e. an limb is cut off due to an accident or where a limb must remove surgically. Surgery amputations are sometimes required to stop the spread of infection to other body parts or when injuries are so serious that amputation is the only alternative.
The types of amputations you can be able to claim compensation for
In accordance with the criteria laid out above, any type of pain caused by someone or their negligence can result in the filing of a claim for compensation. You could be entitled to compensation for:
Amputations of the arms.
Amputations to the thumb or fingers.
Amputations to the feet.
Amputations to the toes.
Compensation guidelines issued by The Judicial College show that the extent of your injuries will determine the amount of compensation is granted for an amputation. So the arm that has been amputated above the shoulder may be awarded much more than an below elbow amputation since the likelihood of using a prosthetic limb to improve the quality of life of the victim could be less.
Phantom pain is a different factor to consider when deciding the amount of settlement in compensation claims for amputations.
What compensation for an injury can I be entitled to?
If you are seeking compensation for an amputation It is important to be aware of the way you’ve been affected. General damages could be granted to manage any suffering, pain or loss of ability to work, while particular damages may help to address the financial consequences of the injuries. If you are successful in pursuing an Amputation Compensation claim, you could be awarded damages that cover:
Physical pain as well as suffering brought on by an loss.
Loss of pleasure due to the Amputation.
Trauma to the brain that results from injuries and disabilities , including depression, stress , and the Post-Traumatic stress disorder (PTSD Compensation).
The time that a friend or family member or loved one caregiver spent helping you with the routine tasks.
Medical expenses, including the costs of private remedial treatments.
The price of prosthetic limbs when it can be proven that private purchases would provide you with a higher standard of living than an NHS-provided prosthetic. NHS.
The cost of travel is a result of the amputation, such as treatment.
Earnings loss for the time you missed work because of an injury.
Loss of earnings in the future if an amputation hinders your capability to work.
Disability assistance and modifications to your vehicle or your home to enhance your living conditions.
It is crucial to remember that you are not able to request any additional compensation once you have completed the settlement of your amputation claim. This is why you have to include all of the information you claim in the initial settlement. If you’re working in conjunction with our lawyers who be in close contact with you to obtain an understanding of the way the amputation injury you suffered has affected your daily life. They’ll use that information to ensure that you receive the highest amount of compensation that you can get.
Compensation amounts for amputations
The fact is that the compensation guidelines for amputations are often a step above the more typical personal injury claims. However, there’s no doubt that amputations can affect an individual’s mental and physical wellbeing – and these are frequently reflected in claim guidelines. The fundamental guidelines for compensation for amputations provided through Judicial College Judicial College are as follows:
The amputations of the arms £240,790 to £300,000.
One arm is cut off (at at the shoulders) at a minimum of £137,160.
An amputation over the elbow £109,650 up to £130.930.
Below the elbow £96,160 to £109,650.
Hands amputation – £140,660 to £201,490.
One hand is removed by an amputation on the wrist up to £109.650.
Amputation of the thumb or finger Up to £54,830.
The leg is removed – £240,790 to £282,010.
Amputation of both legs below the knee — £201,490 – up to £270,100.
Amputation of one leg below the knee — £97,980 up to £132.990.
An amputation on one of the legs above the knee £104,830 up to £137.470.
The amputations of the feet £69,400 to £201,490.
Amputation of one ankle/foot – £83,960 up to £109.650.
The above-mentioned payments are often referred to as general damages that are paid in order to pay for the suffering and pain that occurs due to the accident.
Examining the consequences of injuries to the amputation
To find out how your injuries caused you to suffer A medical examination by an independent expert will be required in the process of claiming compensation for amputations.
Your lawyer will set up for an appointment to see a specialist in medicine who will evaluate your. They’ll also look over your medical records and discuss the consequences of the amputation you suffered with you. Once they’ve completed their evaluation and a diagnosis will be included in a report which will be sent to all the parties who are involved in your claim.
We’ll take a look at some of the most common reasons for claims of amputation. If we don’t cover a situation that is similar to yours We can still assist you take steps to take. Be aware that a claim for compensation could be an option for any injury incurred in an accident or event caused by the negligence of another party.
Amputation resulting from an accident at work
Employers have a responsibility to taking reasonable measures to ensure employees are protected as is possible at work. Although the chance of suffering an injury to the leg is small in certain positions but it is much higher in the fields of manufacturing, agriculture, construction and mining.
To lower the chance for any injuries such as amputations, employers need to:
Be sure that everyone receives the appropriate training in safety.
Provide personal Protective Equipment (PPE) staff with PPE personnel if required
Make sure that all equipment is properly maintained and free of defects.
Check the health and safety guidelines frequently.
Perform regular risk evaluations.
Amputation-related accidents should be reported to the Health and Safety Executive (HSE).
Amputations that have been caused by workplace accidents
Here are some instances of workplace accidents which could result in an amputation claim
If you’ve had an incomplete amputation of your index finger, it is because the safety guard for a cutting machine was not present. Visit our work-related machinery injury claim page.
The foot you were on was crushed due to poorly stacked objects fell upon you from a height, The injuries sustained were severe that your foot required to be removed.
If you have lost your toes working with a chainsaw, it is because your employer did not provide steel-toecapped footwear.
If you’d like to determine whether you’re eligible for a claim, you can contact the team at our number to talk about your choices. It is important to know that it’s illegal for your employer to dismiss your or discipline someone for bringing an untrue claim against them.
Amputations resulting from a traffic accident
While the safety of vehicles has been improved over time Amputations are still possible in the aftermath of a road traffic collision. The chance of suffering such injuries is higher for vulnerable road users like cyclists, pedestrians, and motorcyclists. Also, claims can be due to amputations which occur after an accident or amputations required to undergo surgery due to medical reasons.
The types of negligence that may permit you to claim an amputation that results from an RTA may include the following situations: you were the road users:
Driving with a high degree of aggression (including road outrage).
When under the influence of either alcohol or substances.
Distracted by mobile phones or radio.
Do not follow the guidelines that are in Highway Code.
Our lawyers can assist you claim compensation the cost of an amputation incurred in an accident, even if you are partially at fault for the accident. For more information contact our team now to arrange an evaluation of your claim.
Amputations due to medical negligence
Medical professionals, such as surgeons and doctors are required to fulfill an obligation of care to provide a reasonable level of medical care. It is the norm but errors do occur at times. If the negligence of a medical professional could be proved to have led you to need leg amputation, you may be awarded compensation.
A few examples of medical malpractice that leads to compensation claims for amputations include:
If your doctor was unable to examine the results of an x-ray correctly and a limb needed to be removed because of it.
In cases where a preventable injury during surgery resulted in the need for an limb to be amputated.
If you were suffering from a delayed treatment, it could have has made your condition worse, and led to an amputation that could have been prevented.
In the case of a hospital-acquired illness like MRSA necessitated limb amputation to stop the spread of the infection.
Diabetes can result in an insufficient blood circulation. If this condition isn’t treated properly, it could result in permanent injury, especially to the feet. The conditions like peripheral artery disease may increase the risk of infection and ulcers that could, in turn increase the chance of Amputation.
If your diabetes hasn’t been treated properly or the symptoms were incorrectly diagnosed as another disease, you may receive compensation. If you’re interested, contact us you’d like to learn more about the options available to you.
The time limit for amputations is set by the law. compensation claims
If you file any kind personal injury claim in the UK the UK, a three-year limitation on time applies. The time limit will start from:
When the incident occurred that resulted in the amputation;
If your illness was first diagnosed by medical professionals (date of first knowledge).
If you’re not sure when your limit period will begin Please contact us. Our recommendation is that you start an claim for amputation sooner instead of later to allow ample time for proof of negligence as well as medical reports to be gathered.
If your child suffered an injury that led to the loss of limbs, they may make a claim (see our article on the litigation friend procedure to learn more) anytime before turning 18, so the 3 year time frame may not be applicable.