How To Make A Claim For An Amputation And Loss Of Limb

By Stephen Kane. Last Updated 30th May 2023. No matter the circumstances which lead to it, suffering an amputation or the loss of a limb can be a devastating form of injury and result from some of the most serious types of accident which personal injury solicitors see. They will often result from severe road traffic accidents, or accidents in the workplace, or in rare instances, be the result of medical negligence. They can also result from illnesses going untreated, or due to complications arising from the treatment of certain conditions such as peripheral arterial disease and diabetes.

Amputation/loss of limb compensation claim guide

Amputation/loss of limb compensation claim guide

Under any circumstances, the loss of a limb or a partial amputation is distressing and traumatic and it can have a vast impact on your life. Whilst the partial amputation of a finger or a toe could be recovered from in shorter periods of time, the loss of a limb can have a large effect on your independence, mobility, ability to work and enjoy many other activities.

Select A Section

  1. When And Why An Amputation May Be Necessary
  2. Amputation Compensation Chart for the UK
  3. Amputation Compensation – What Else Can You Claim For?
  4. Common Types Of Accidents Resulting In Amputation Or Loss Of Limb
  5. Amputation Or Loss Of Limb Caused By Road Traffic Accidents
  6. Medical Negligence Leading To The Loss Of A Limb
  7. Loss Of A Limb Or Amputation In A Military Accident
  8. Amputation Injuries In The Workplace
  9. Amputation Injuries In A Public Place
  10. Time Limits For Amputation Compensation Claims
  11. Amputation Claims With No Win No Fee Solicitors
  12. Medical Advice And Accident Guides

When And Why An Amputation May Be Necessary

If you have suffered an injury, illness or instance of medical negligence which has severely damaged a part of your body or your limb to the point at which you need a whole or partial amputation, you will be assessed by an expert surgeon.

Amputations may be necessary in the following circumstances;

  1. There is a serious infection in the affected body part which cannot otherwise be treated.
  2. Peripheral arterial disease and/ or gangrene has damaged your limb.
  3. You have suffered extreme trauma, such as blast wounds or severe crush injuries.
  4. A limb has been deformed and left with limited function and movement.

Unless your injury or illness requires emergency surgical intervention, you will have a full assessment. A surgeon will identify the best course of action to take and also assess any factors which could affect your long-term recovery.

Evidence For Amputation Claims

To make a personal injury claim for the loss of a limb, such as a leg amputation claim, you will need to gather evidence that supports your case. Depending on the circumstances of the incident that led to a loss of limb, evidence may include:

  • Medical records that confirm your injuries and the decision taken to amputate the affected limb.
  • If your amputation occurred due to an accident, any video footage that shows the accident, such as CCTV footage could be used as evidence in your claim.
  • Contact details of any witnesses that can provide a statement later on about the incident.

Contact our advisors today if you have any questions about amputation claims. Furthermore, they could assess your case, and if they think you have a strong claim, they could connect you with a solicitor on our panel who could help you with claiming loss of limb compensation.

Amputation Compensation Chart for the UK

You may be wanting more information about the amount of amputation compensation you could receive. The below compensation chart provides bracket compensation amounts that relate to the general damages head of your claim. The amount of loss of limb compensation awarded following a successful claim is based on many factors, including the physical and psychological impact of the injury.

The Judicial College Guidelines (JCG) sets out guideline figures for different injuries based on past cases. Solicitors and other legal professionals can use this to help them value your claim alongside other evidence, such as medical reports.

We have include a table with these figures. They are the most up-to-date available figures as they have been taken from the sixteenth edition of the JCG.

The below amounts are not a guarantee. Please also bear in mind that the chart only relates to amounts you could receive for personal injury claims in England and Wales. As every claim is unique, there are many aspects of a claim that can affect your compensation amount.

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Body part Amputated Settlement banding Comments or notes
Both arms £240,790 to £300,000 Claimant is fully aware of the injury. Is helpless as a result.
Loss of both legs £240,790 to £282,010 Leg amputation settlement amounts for the loss of both legs above the knee. Or, different levels where one is high above the knee and the other is low below it.
Both legs amputated below the knee. £201,490 to £270,100 Settlement takes into account side effects of using a prosthetic leg, pain and other effects.
Both feet £169,400 to £201,490 Treated in a similar way to a below the knee amputation of the leg.
Single arm, at the shoulder Not less than £137,160 Complete loss of an arm, at the shoulder joint.
Little (smallest) finger £8,640 to £12,240 Fully aware of the injury and that the finger is lost.
Ring finger and little fingers In the region of £21,810 Full loss of both of these fingers.
Amputation of the Terminal Phalanges of the Index and Middle Fingers In the region of £24,990 Impairment of grip, restricted grip, loss of fine control and some scarring.
Loss of the thumb £35,520 to £54,830 Complete/ total loss of the thumb.
Loss of the tip of the thumb £12,590 to £16,760 Removal of the tip of the thumb, affecting your grip.
Single arm – above the elbow £109,650 to £130,930 The shorter the amount of arm left, the higher the settlement.
Single arm – below the elbow £96,160 to £109,650 Phantom pain and very real pain in the limb.
Single leg – above the knee £104,830 to £137,470 Looks at overall effects the loss of the leg has had on the claimant.
Single leg – below the knee £97,980 to £132,990 The more serious the injury or the way in which it happened, the higher the potential settlement.
Amputation of the ring, middle and index finger £61,910 to £90,750 Finger amputation payout is higher as the hand is almost useless with little to no grip strength.
Single foot £83,960 to £109,650 Settlements look at factors such as severity of pain, if you can use a prosthetic and other side effects.

As part of your loss of limb compensation, you could also receive special damages compensation. This is explained in more detail below.

To learn more about amputation compensation, the claims process and your eligibility to claim, please contact us for free legal advice using the above contact details. We can answer any queries you have in just one phone call and could potentially connect you with a specialised solicitor from our panel who could help you with your claim.

Amputation Compensation – What Else Can You Claim For?

General damages compensation relates to the actual amputation and the physical and psychological consequences of it. This compensation will be dictated partly by the extent of your injury.

As part of making an amputation claim, you can also seek compensation for the financial losses suffered because of the injury. This is referred to as special damages compensation.

Potential losses you may be able to claim for include:

  • Home adjustments, such as a care bed or stairlift.
  • Care costs if, for instance, you need the help of a professional nurse to adjust to life with your injury.
  • Loss of earnings. The injury may mean you’re unable to work for a period of time which could result in you losing out on income.
  • Travel expenses if, for instance, you need to take public transport because you’re unable to drive after the injury.
  • Medical expenses, such as prescription costs. Your amputation compensation could also pay you back for private medical care if you can show that it was a necessary expense and not something that can be supplied by the NHS.

If you’d like to know more about making an amputation claim, please contact us for a free consultation using the details above.

Common Types Of Accidents Resulting In Amputation Or Loss Of Limb

Whilst injuries leading to the partial or whole loss of a limb or body part can happen in many different ways, there are some circumstances which are seen much more than others. They could happen because of a severe car accident, or an accident at work with machinery.

In the following sections, we look in some more detail at the different ways in which people can suffer this form of injury.

Amputation Or Loss Of Limb Caused By Road Traffic Accidents

Road traffic accidents, whether in a car, on a bike, or as a pedestrian crossing the road, can be devastating. Amputations are typically seen in much more serious forms of vehicle accidents. An example of this could be a HGV crashing into you if you are an occupant in a much smaller and lighter vehicle, or where you are not protected, such as a motorcycle rider. If a limb, such as a leg, is severely crushed in an accident and can not be repaired, it may need to be surgically amputated.

To make an amputation accident claim after a vehicle crash or to discuss leg amputation settlement amounts, talk to an advisor today.

Medical Negligence Leading To The Loss Of A Limb

If you are undergoing treatment for a particular condition, need to have surgery, or expect to stay in a hospital, the last thing you expect to happen is for the team caring for you to make a mistake and for you to lose a digit or a limb.

Medical negligence could lead to a diagnostic failure, you acquiring a hospital infection, or suffering insufficient blood supply and/ or oxygen to a limb whilst in hospital. If you suffered the loss of a leg, arm or another body part as the result of negligent care, find out if you can make a loss of limb compensation claim with our team.

Loss Of A Limb Or Amputation In A Military Accident

Employers have what is called a duty of care to ensure the safety and overall health of their staff in the workplace.

Military personnel have the right to a safe working environment whilst training or not on frontline duty, and can also expect to be provided with all the equipment necessary to carry out their role in a safe way. If the Ministry of Defence can be shown to be at fault, personnel could be able to make a loss of limb claim against the armed forces.

Amputation Injuries In The Workplace

Alongside road traffic accidents, one of the larger causes of injuries resulting in amputation and loss of a limb are those sustained at work. Some of the industries which are most at risk of this level of injury include;

  • The construction industry,
  • Factories and manufacturing.
  • Mining and quarry work.

If an employer has failed to provide staff with the correct personal protective equipment and training, accidents leading to this level of injury can happen. If you suffered serious injuries because your employer has been negligent, and had to have a toe amputated, part of a finger amputated, or a limb amputated, you could be eligible for amputation compensation, such as by making a finger amputation compensation claim.

Amputation Injuries In A Public Place

This category covers accidents which have happened in places such as on the streets or roads, in public parks, or any other public spaces. They can also cover accidents in privately owned but publicly accessible spaces such as shops, restaurants, shopping centers, and similar places. If your accident happened in such as place, the owner, occupier, or operator could be held liable for your amputation injury if you suffered a full or partial amputation as a result of an accident which was not your fault.

If you have been injured in a public place, contact a personal injury lawyer or solicitor today to enquire about making an amputation accident claim.

Time Limits For Amputation Compensation Claims

Personal injury claims, including amputation claims, must typically be started within the three-year time limit. This is set by the Limitation Act 1980. There are certain circumstances that suspend the time limit. These include:

  • Children cannot claim compensation for loss of a limb without a litigation friend claiming on their behalf. The time limit is suspended until their 18th birthday. Once they turn 18, claimants have three years to start their compensation for loss of a limb claim.
  • The time limit is suspended indefinitely for those that lack the mental capacity to start a compensation for loss of a limb claim themselves. A litigation friend can be appointed to start a claim at any point. However, should the claimant regain their mental capacity, the time limit starts. It is three years from the date in which they regain capacity.

Call our advisors to find out more about the time limit in amputation compensation claims.

Amputation Claims With No Win No Fee Solicitors

Specialist amputation solicitors may be the best choice when making amputation compensation claims. However, you may be concerned about the cost of hiring a solicitor for an amputated limb claim. There is a way to fund legal representation without being charged an upfront solicitor’s fee. Your solicitor could offer you a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement.

No win no fee amputation claimNo win no fee amputation claim

No win no fee amputation claim

When agreeing to the terms of a CFA, you agree that if your claim is successful, a success fee will be taken from your award. This is capped by law. However, when a claim fails, you don’t need to pay your solicitor.

To contact our team for help, you can phone us via this number 0161 696 9685, or you can enter your contact details in our contact form and we will call you back.

Medical Advice And Accident Guides

Below we have provided further resources on our site, such as additional accident claims guides, as well as medical advice and information.

No Win No Fee Claims
In this guide, we provide further information about how to make a no win no fee claim and how the process works.

Passenger Car Accident Claims
If you suffered a severe injury, such as the loss of a limb, as a passenger in a car accident, this guide provides further information for how to make a claim.

NHS Amputation
Detailed information and advice on why amputations may be necessary, and care which you may need.

Medical Negligence Wrongful Death Compensation Claims

See the guide above to find out how you could seek compensation on behalf of a loved one following death by medical negligence.

Local Authority and Council Compensation Claims

This is our guide on claiming compensation from the council if their negligence has caused you injury.

Finger Injury Compensation Claims Guide

Read this guide to see if you can make a claim for a finger injury.

Other Useful Compensation Guides