Amputation Claims

If a traumatic event has resulted in you having to undergo an amputation, our highly experienced team of limb loss experts will help you to secure the compensation you need to get your life back on track and to protect you for the future.

What compensation can I claim for an amputation?

Losing a limb means that your life can never be exactly as it was before your accident. However, we work closely with you to ensure that the amount of compensation you receive means that as far as possible, you can live your life with something approaching normality.

The starting point in an amputation claim is access to the very best experts and rehabilitation services and we have longstanding relationships with some of the country’s leading orthopaedic, vascular, plastic and reconstructive surgeons, as well as specialists in pain medicine, prosthetics and psychiatry/psychology. We really do build a comprehensive team around you.

With their help and guidance, we can begin the process of valuing your compensation claim. In addition to damages for the loss of your limb, you will have claims (probably substantial) for past and future financial losses.

When valuing the damages for an amputation the court takes a variety of factors into consideration, including:

• the location of the amputation;
• the future risk of degeneration and need for further treatment, particularly surgery;
• the effect on your work, domestic and social life;
• your ability to tolerate prosthetics and the extent to which they can restore function;
• the intensity of any phantom pain;
• the presence of any psychiatric symptoms;
• the side effects of any medication;
• your age.

Inevitably, a major part of your claim will be for the cost of future custom-designed prosthetics, both functional and cosmetic. Prosthetics technology is developing constantly and we believe you are always entitled to the very best available. A good example is a client with finger amputations who has recently had a successful trial of new Naked Prosthetics.

In addition to prosthetics, you may also have claims for past and future loss of earnings, loss of promotion, loss of pension, the cost of retraining, the cost of personal care, the cost of treatment, the cost of cleaning, gardening, DIY and decorating, adaptations to your home, specialist equipment and adapted vehicles.

“Thank you so much for everything. This is a lifechanging amount of money and it’s just an incredible relief that my family have this financial security.” TB, BLB client

No Win/No Fee Amputation Claim

In most cases we are able to act on a No Win/No Fee basis. Read more about who pays the legal costs.

When can you bring a claim for limb loss?

Your amputation may have been the result of an accident such as:

• A Road Traffic Accident; or
• An Accident at Work.

Alternatively, you may have experienced limb loss as a result of medical negligence. Find out more about medical negligence claims. Typical scenarios are we see are:

• Orthopaedic negligence
• Sepsis
• Meningitis
• Diabetes
• Delayed cancer diagnosis
• GP negligence, eg. not spotting or responding inappropriately to early signs of infection

“Thank you Andrew, what can I say? Just knowing that my family are now financially secure is such a huge relief. Thank you so much for being there for us. I’m so glad I found you.” DP, BLB client

What is the process for making a claim following an amputation?

Our specialist team are very experienced in dealing with amputation cases. We will first discuss with you the merits of your claim and the nature of your injuries and the treatment you have undergone. Next, we will agree with you an action plan going forward, prioritising issues such as further treatment, rehabilitation and interim payments, before discussing the best way to fund your claim.

In many cases a medical professional is appointed as an independent case manager to co-ordinate such things as your rehabilitation and the purchase of specialist aids and equipment and even adaptations to your home.

The first issue to deal with in the claim itself is liability. That will involve us gathering evidence to prove fault against the other party.
We will also begin the process of obtaining expert evidence, usually from several types of expert to begin the process of valuing your claim. That has been covered in more detail above.

How long will a claim for limb loss take?

Unfortunately, that is impossible to answer accurately. The important thing to remember is that once your claim settles, it cannot be re-opened. In other words, we have only once chance to get it right. That means it is essential we know as accurately as possible what your needs will be in the long term. Without that information the value of your claim cannot be calculated accurately.

Certainly, amputation claims result in many questions which in the early stages are difficult to answer. Common examples are:

• will you require further surgery?
• will you be able to tolerate a prosthetic?
• will you develop phantom limb pain?
• can you return to your pre-accident employment?

The answers to each of these questions and numerous others will have an effect – and possibly a significant one – on the value of your claim. It is not until our medical and other experts in the claim can answer those questions that we can begin the valuation process with a view to settling your claim.

When you have suffered a very serious injury such as an amputation, which inevitably requires lengthy rehabilitation, it may be 2 or 3 years or even longer before the experts can provide a reliable, long-term prognosis.

Of course, that is why it is essential that we work hard to ensure you receive regular interim payments to keep your head above water financially in the meantime.

Can I change my solicitor?

If you are unhappy with your current legal representation, we may be able to help. Find out more about changing you solicitor.