Personal injury advice from
Thompsons Solicitors
Amputation Injury Claims
If you or a member of your family has suffered an amputation due to an accident caused by the negligence of someone else, a compensation claim may be possible.
At The Legal Line, our specialist personal injury lawyers are experts in the field of serious injury and we can provide you with the support and advice you need. Contact us on 0800 0328511, or by completing a claim enquiry form online.
Amputations
Accidents Resulting In Amputations
Living With an Amputation
Amputation Injury Compensation
Making an Amputation Claim
How Our Expert Personal Injury Lawyers Can Help You
Successful Amputation Compensation Claims
Amputations
An amputation is the removal of a body part, most commonly a limb or digit. There are two types of amputation, surgical and traumatic.
Surgical amputation: A surgical amputation may take place when a body part is too badly injured or diseased (for example due to infection, cancers, gangrene or vascular problems) to be saved and doctors consider removing it to be the best option for the patient.
Because of the risks associated with an amputation and the physical and emotional impact on the patient, surgical amputation is only used as a last resort when no other course of treatment is likely to be successful.
Traumatic amputation: Sometimes an accident occurs in such a way that a body part is severed or ripped off. This is known as a traumatic amputation. In some cases it is possible to reattach a severed body part, but often the only option is to save as much tissue as possible and close the stump.
Dependent upon the injury sustained a partial amputation or full amputation of a limb may be necessary.
Accidents Resulting in Amputations
Any type of accident can potentially result in injuries leading to an amputation, but some of the more common causes of amputations include:
• Road accidents: road accidents can cause serious injuries to the drivers, cyclists or pedestrians involved, including amputation injuries.
• Motorcycle accidents: motorcyclists are afforded less protection than other road users and so motorcycle accidents can result in amputations and other serious injuries.
• Accidents at work: accidents at work, especially those involving tools or machinery, can cause amputations. Building site accidents, farm accidents and factory accidents are amongst higher risk occupations for serious accidents.
• Crush injuries: severe damage can be
caused to limbs if they are crushed, affecting multiple structures such
as bones, blood vessels and tissues. Crush injuries are a major cause of
amputations.
• Burn injuries: if a person suffers severe burn injuries it may be necessary to remove a badly burned body part altogether.
If you suffer an accident that you believe was someone else’s fault, perhaps another road user or your employer, you may be entitled to make a personal injury claim. It is important to seek expert legal advice at the earliest opportunity.
In addition to accidents, there are some occasions where clinical negligence may lead to an amputation being necessary, for example if doctors fail to diagnose a condition until it is too late for any other treatment to be successful.
Living With an Amputation
The amputation of a limb is a life-changing and devastating event. Amputation results in permanent disfigurement and amputees are almost always left with some degree of permanent disability. This could range from difficulty using one hand or foot in the case of amputated digits, to restricted mobility and abilities if part of a limb is removed, or severe disability if an entire limb or more than one limb is amputated.
Extensive rehabilitation is usually necessary following an amputation to enable the amputee to lead as normal and independent a life as possible. Physiotherapy, instruction on how to care for the injured limb and training on the use of equipment and prosthetics all aid in achieving a good recovery. Even with the best care however, many people continue to suffer ongoing pain and complications. This can include, stump pain, infections and phantom limb pain, where very real sensations of pain and discomfort are felt in the limb even though it is no longer present.
In addition to the complex physical problems that can result from an amputation, there are also significant psychological and emotional effects. Anyone living with an amputation will require a lot of support, as it is common for amputees to become depressed, anxious and frustrated. Adjusting to a sudden and often major change in lifestyle, abilities and appearance is stressful and difficult and specialist counselling can help with this.
Amputation Injury Compensation
There are two elements to an amputation compensation award. The first, called general damages, is for the pain and suffering you have gone through and any loss of amenity (perhaps an inability to drive, do D.I.Y., play sports). The award for loss of amenity can be for a short period after an accident or for ever if that is what the medical evidence supports.
The second element of a compensation award, for your losses and expenses, is known as special damages and aims to put you back in a position financially as if the accident had never occurred. It is important to keep receipts for any expenditure you have related to the accident so that these can be reclaimed.
In cases where a person is no longer able to continue their employment, this can be taken into account and a claim will usually be made for loss of earnings. If the person is still able to work but not in the same role as before, particularly if they held a public service role such as a doctor or police officer, an extra amount may be awarded for loss of ‘congenial employment’. A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited.
Costs for care, prosthetic limbs, wheelchairs, equipment, holidays, transport and housing modifications can also be factored into the calculations.
As the process of making an amputation claim can take time, it is sometimes necessary for the claimant to receive what is known as an ‘interim payment’ to tide them over financially until the case is fully settled. This could be to cover the costs of medical treatment or care, transport, or even equipment required to adapt a home in the case of very serious injuries. Interim payments can also be secured to cover the costs of rehabilitation and prosthetic limbs.
In cases where the amount of damages is likely to be significant, compensation may be paid to the injured individual either as a lump sum, via periodic payments or as a combination of both.
Making an Amputation Claim
In the event that you or someone close to you suffers an amputation, you will want to ensure that any claim is dealt with by an expert injury lawyer with experience in your type of case. This will ensure that you are given sound legal advice and support through each step of the process.
Our lawyers have made successful compensation claims for many victims of amputation injuries. They can also advise on any benefits that you may be entitled to. Keeping in close contact with the claimant and their family, they can help to arrange interim damages to cover more immediate costs in serious cases and pursue the case as efficiently as possible.
In every case, medical evidence will be required, and in any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.
It is therefore important to seek the advice and assistance of a specialist lawyer with experience in recovering compensation for those suffering serious injuries at the earliest opportunity. They can collate and prepare all of the necessary evidence to put forward the claim and deal with the matter on their client’s behalf to achieve the best possible outcome.
For further information about the claims process and answers to some frequently asked questions, visit our questions answered section.
How Our Expert Personal Injury Lawyers Can Help You
The Legal Line's lawyers are experts in all areas of personal injury, with a wealth experience in recovering compensation for the victims of amputations. They can provide specialist accident claim advice, assistance and guidance in helping you to pursue your claim to the best possible outcome.
Amputation claims can be complicated and are a specialist area of work. Our Serious Injuries Unit has been assisting those affected by amputations for many years and has access to medical experts who can make assessments of the extent of the injury, provide reports and advise on your case.
Successful Amputation Compensation Claims
For details of some of the many compensation claims we have fought and won on behalf of accident victims, visit our news and client stories sections or follow the links below:
£175,000 Compensation for Victim of Clinical Negligence Misdiagnosis
Serious Injury Compensation for Groundsman Injured in Workplace Accident
Manual Handling Accident Results in Serious Foot Injury
Substantial Compensation Settlement in Serious Injury Claim
£828,000 Compensation for Injured Motorcyclist
Injury Claim Made Against Leisure Centre After Sports Accident Results in Amputation
Personal Injury Claim for Employee Left Disabled by Accident at Work
Successful Accident At Work Compensation Claim
Personal Injury Claim for Employee Left Disabled by Accident at Work
Employee’s Thumb Amputated by Drill in Accident at Work
Council Worker Compensated for Severe Crush Injury in Accident at Work
Compensation Claim for Man Injured by Dangerous Machinery
Serious Injury Compensation for Pedestrian Who Lost Leg in Road Accident
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