Loss of Limb Compensation Claims Guide
Have you lost a limb due to an accident that was not your fault? If so, you may be able to make a personal injury compensation claim.
Throughout this guide, we will explain who could make loss of limb compensation claims, including the eligibility requirements that must be met, how long you have to claim, and what the compensation could cover.
Additionally, we will also explain how a personal injury solicitor from our panel could help you with claiming compensation.
If you have any questions while reading this guide or would like to discuss your case, you can contact our advisors:
- Calling us on 020 3870 4868
- Contact us online using our contact form.
- You can also speak to our team using our live chat option.
Browse Our Guide
- What Are Loss of Limb Compensation Claims?
- How Much Time Do I Have To Make An Amputation Claim?
- Can Loss Of Limb Compensation Claims Be Made On Someone Else’s Behalf?
- How Much Compensation Could I Receive For Losing A Limb?
- What Else Can My Amputation Compensation Cover?
- How Do I Make A Loss Of Limb Injury Claim?
- Can Loss Of Limb Compensation Claims Be Made On A No Win No Fee Basis?
- More Useful Resources About Personal Injury Claims
What Are Loss of Limb Compensation Claims
Loss of limb compensation claims are a type of personal injury claim that could be made where a person has lost a limb due to an accident that was not their fault. They have had the limb traumatically amputated in the accident or may have later required the limb to be surgically amputated due to the injuries they suffered.
However, you must be able to prove negligence occurred in order to make a personal injury claim. Negligence is when:
- You are owed a duty of care
- This person breached their duty of care
- You suffered your injury due to this
Various types of accidents could cause you to lose a limb. Below, we set out some examples of these accidents and the duty of care you may have been owed.
Amputation Claims From Road Traffic Accidents
All road users owe a duty of care to each other to use the roads safely to help prevent road traffic accidents. Furthermore, they must adhere to The Highway Code and The Road Traffic Act 1988 as part of their duty of care.
An example of how a road traffic accident may lead to loss of limb compensation claims may include:
- A lorry driver drives through a red light at a junction, causing them to crash into the side of your car. This causes your leg to become trapped and need to be amputated.
Limb Loss Due To Accidents At Work
The Health and Safety at Work etc. Act 1974 states that all employers must take reasonable steps to help ensure the safety of their employees while they are working.
An example of how an accident at work could lead to a loss of limb injury may include:
- Your employer failed to perform regular maintenance checks. This resulted in a piece of machinery on a prediction line malfunctioning, trapping your arm and traumatically amputating it.
Amputation Injury Due To An Accident In A Public Place
It is outlined in the Occupiers’ Liability Act 1957 that whoever is in control of a public place has a duty of care to take necessary measures to ensure the reasonable safety of those visiting that space.
An example of how you may lose a limb due to a public place accident includes:
- A shopping centre fails to secure an overhead hanging sign properly. This results in the sign falling onto you and severely crushing your leg, later requiring it to be amputated.
To see whether you may be eligible to make a loss of limb compensation claim, you can contact one of our advisors.
How Much Time Do I Have To Make An Amputation Claim?
All personal injury claims must be started within 3 years of the accident taking place. This also includes loss of limb compensation claims. This limitation period is set out within The Limitation Act 1980.
To see whether you are still within the time limit to begin your personal injury claim, you can contact our advisors.
Can Loss Of Limb Compensation Claims Be Made On Someone Else’s Behalf?
In certain cases, you may be able to claim compensation on behalf of another. This includes
- Minors – those under the age of 18 are unable to claim for themselves.
- Those lacking the mental capacity to manage their own claim.
In both of these cases, you could be appointed as a litigation friend and claim on the injured party’s behalf. As their litigation friend, you will need to act in their best interests and keep them informed on the process of their claim.
To learn more about claiming as a litigation friend on behalf of another, you can contact one of our advisors.
How Much Compensation Could I Receive For Losing A Limb?
Successful loss of limb compensation claims could consist of two heads of claim.
General damages, the first head of claim, is awarded to you for your injuries and the pain and suffering they have caused you. It also covers your loss of amenity, for example, if you are unable to partake in your usual hobbies due to your injuries, such as football.
During the claims process, you may be invited to attend a medical assessment. The report generated from this assessment can be used alongside the compensation guidelines found within the Judicial College Guidelines (JCG) to help with valuing your claim. Various compensation guidelines are listed within the JCG for a range of injuries, including amputations.
Below, we have listed some of these guideline figures. Please note, however, that the first entry does not come from the JCG.
Injury | Severity | Amount |
---|---|---|
Multiple severe injuries with special damages | Most severe | Up to £1,00,000+ |
Arm amputation | Loss of Both Arms | £293,850 to £366,100 |
Loss of One Arm (i) | Not Less Than £167,380 | |
Loss of One Arm (ii) | £133,810 to £159,770 | |
Loss of One Arm (iii) | £117,360 to £133,810 | |
Leg amputation | Loss of Both Legs | £293,850 to £344,150 |
Below-Knee Amputation of Both Legs | £245,900 to £329,620 | |
Above-Knee Amputation of One Leg | £127,930 to £167,760 | |
Below-Knee Amputation of One Leg | £119,570 to £162,290 | |
Foot amputation | Amputation of Both Feet | £206,730 to £245,900 |
Amputation of One Foot | £102,470 to £133,810 |
What Else Can My Amputation Compensation Cover?
The other head of claim you may be awarded is referred to as special damages. This compensates you for the financial losses you have suffered as a result of your injuries. Some examples include, but are not limited to:
- Medical expenses
- Loss of earnings
- Care costs
- The cost of home adaptations
- Travel expenses
To discuss your case and receive free advice, you can contact our advisory team today.
How Do I Make A Loss Of Limb Injury Claim?
When making a personal injury claim, you will need to provide evidence that proves the injury you sustained was caused by someone else’s negligent actions.
Examples of evidence you could gather include:
- Your medical records detailing your injury
- Any video footage capturing the accident, such as CCTV footage
- The contact details of anyone who witnessed your accident
- Photographs of your injuries and the accident site
- Evidence of the financial losses you have suffered, such as wage slips, bank statements or invoices.
One of the many services the solicitors on our panel offer is help with gathering evidence. Contact a member of our advisory team today to see if you could with with a solicitor from our panel.
Can Loss Of Limb Compensation Claims Be Made On A No Win No Fee Basis?
The solicitors on our panel could help with loss of limb compensation claims on a No Win No Fee basis. They do this by offering their services under the terms of a Conditional Fee Agreement.
Under the terms of this agreement, you will not need to pay for your solicitor’s work upfront, as the claim progresses or if it is unsuccessful.
You will, however, pay them a success fee if your claim succeeds. This is a legally limited percentage of your compensation.
To learn more about claiming with a No Win No Fee solicitor from our panel, you can contact our advisors by:
- Calling us on 020 3870 4868
- Contact us online using our contact form.
- You can also speak to our team using our live chat option.
More Useful Resources About Personal Injury Claims
Learn more about the other types of personal injury claims we could help you with:
- Learn how to claim as a passenger in a car accident.
- See if you could sue a former employer for an accident at work.
- Advice on claiming for an injury suffered on public transport.
External resources:
- Learn more about amputation from the NHS
- See if you could claim statutory sick pay from Gov.UK
- Guidance on when to call 999 from the NHS.
Thank you for reading this guide on loss of limb compensation claims.