Amputation and loss of limb compensation claims
Being involved in an incident where you lose a limb or require an amputation is horrendous. The consequences can have a far-reaching effect on your and your family's everyday life.
If your injury was caused by someone else’s negligence, you may be entitled to amputation compensation. This can help you access help such as;
- Rehabilitation and ongoing care
- Prosthetic limb
- Home adaptations
- Financial support while you recover
Despite advances in health and safety these life-changing injuries still occur. Knowing your injury could have been avoided can make an already devastating situation even harder to process.
Digby Brown knows that cyclists, motorcyclists and pedestrians are more likely to suffer this type of injury because of their vulnerability when confronted with vehicles travelling, even at low speeds. Agriculture, construction or heavy industry are where the bulk of work-related limb loss injuries occur. ar, hug his children and live his life.
Ian McDonald tells us how state of the art prosthetics made a real difference
Arturs suffered a traumatic amputation whilst working on a fishing vessel
How to claim amputation compensation
When you come to Digby Brown, we understand that amputation can bring unique, serious and daunting challenges. While you may not have been prepared for what has happened, our experienced amputation solicitors are here to help you access the support and rehabilitation you need.
We work alongside leading experts to understand the full impact of your injury and ensure your claim considers the treatment and rehabilitation needed for your recovery.
Although each claim is unique, most amputation compensation cases follow some key steps:
Initial interviews – your specialist amputation solicitor will arrange a meeting at a location that suits you, whether that is your home, one of our offices or a hospital. We will discuss your claim, explain the next steps and outline our No Win No Fee Compensate funding model.
Accessing additional help – after meeting with you, we will be able to consider any immediate or short-term needs you may have like those outlined above and start the process of putting these in place for you.
Intimating claims – after investigating your claim, we will inform the person or organisation responsible, usually through their insurer, that we are acting on your behalf and seeking compensation for your injury and its impact on your life.
Gathering evidence – we then work with leading expert witnesses to fully value your claim, taking into account your current and future care needs, pain and suffering, and any lost earnings, including pension losses.
Negotiating with insurers – after gathering evidence to support your claim, we will present our valuation to the insurers and negotiate on your behalf. If the compensation offered is in line with what we would reasonably expect, we will advise you on accepting the settlement. If the offer is too low, we will explain your options and prepare to take further action where necessary.
Preparing for court – if needed, we will prepare your case for court to help secure the compensation you deserve. However many cases are resolved without the need for a court hearing. By following a court timetable, we can often work towards reaching an agreement with damages agreed at a level we believe reflects a reasonable value of your claim.
The next step - We understand that reaching out after an amputation injury can feel overwhelming. Our specialist solicitors can guide you through the claims process, and if you prefer, you can send us an enquiry and we will arrange a call back at your convenience.
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Support available after an amputation claim
Making a personal injury claim after an amputation can provide access to expert legal advice and the wider support needed following a life-changing injury.
An amputation often requires significant medical care and rehabilitation, but the financial impact can be equally challenging. Whether it is help paying the rent or mortgage, access to benefits advice, supporting your family, or making adaptations to your home, there are many factors that need to be considered.
At Digby Brown, we believe early intervention and access to the right support can make a significant difference to your recovery. Unlike many firms, we do not wait until the end of your claim to help you access the support you need.
As soon as you become our client, we take immediate steps as part of your amputation claim and work with:
Healthcare professionals – to assess and treat your injury while considering your prosthesis options and ongoing rehabilitation.
Case management - to help with assessing your rehabilitation needs and co-ordinating therapies and support services, assisting with access to care services, help with adapting to life at home and at work (if applicable).
Interim payments – we can help ease financial hardship and assist with the cost of home alterations or finding alternative housing, as well as equipment, prosthetics, orthotics, private therapies and support services.
Benefits support – our Welfare Rights team can help you navigate the benefits system and access any financial support you may be entitled to. This service is provided free of charge to our clients.
Accessing advanced prosthetics after an amputation
Advances in prosthetic technology have transformed the lives of many amputees, helping people regain independence, mobility and confidence. However, access to the most advanced prostheses through the NHS can be limited due to eligibility criteria, availability and cost.
Some of the challenges amputees may experience include:
- Restrictions on eligibility for advanced prostheses
- Limited access to partial prosthetic limbs
- High-tech options, such as microprocessor knees, not being routinely available
- Limited cosmetic customisation
This can lead to some survivors having to live with prosthetic attachments that do not offer the desired level of function or looks.
Private healthcare offers a wide range of state-of-the-art prostheses. For example, a person can access an electronic hand where robotic fingers can be moved by electrical sensors that pick-up nerve signals from muscles in the arm.
Private clinicians can also work closely with manufacturers to create personalised solutions and provide more tailored rehabilitation support.
However, the cost of specialist prosthetics and ongoing care can be significant. If your amputation was caused by someone else’s negligence, such as a workplace accident or road traffic collision, these costs may be recoverable as part of your compensation claim.
What is the time limit for making an amputation compensation?
Generally you have three years from the date of the accident to make an amputation compensation claim. If you were under 16 at the time of the accident, the three-year period will normally begin on your 16th birthday.
There are some exceptions to these time limits so it’s important not to assume that you cannot claim if more than three years have passed. Getting advice as early as possible can help you understand whether you can still make a claim and what your options are.
What can amputation compensation cover?
An amputation can affect many areas of your life. Depending on your circumstances, compensation may include:
- Compensation for your injury (solatium)
- Past and future loss of earnings
- Loss of pension benefits
- Care and support required
- Rehabilitation and therapy costs
- Changes to your home or accommodation
- Mobility aids and other equipment
- Assistive technology and environmental controls
- Privately funded prosthetics and orthotics
Can I make an amputation compensation claim?
If you have suffered an amputation because someone else was at fault, you may be able to claim compensation. Every situation is different and we’re here to help you understand your options. If you’d like to talk through your circumstances please get in touch.
How long does an amputation claim take?
An amputation claim can take two years or more, particularly when the long-term impact of the injury needs to be carefully assessed. Your solicitor may need to gather detailed medical and other evidence to establish responsibility and assess the full compensation you may be entitled to. The timescale will vary depending on the circumstances of your claim.
Digby Brown’s expertise in amputation claims
At Digby Brown our dedicated serious injury team has years of experience supporting people affected by limb loss and securing the compensation needed to support your recovery and future needs.
Be assured we are the experts in this highly complicated area of law. We are ranked in both legal who’s who publications, Chambers and Legal 500 under personal injury as Band 1, the only firm in Scotland to be so.
Our serious injury team have won numerous awards both in Scotland and in the UK. We are the 2021 Litigation Team of the Year.
With a history of handling high-value serious injury claims, our solicitors have secured millions in compensation to help clients move forward after life-changing injuries.
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