Amputation and loss of limb compensation claims

Helping you adjust to life after limb loss

Our specialist injury solicitors have decades of experience acting for clients involved in motorcycle, heavy industry and agricultural accidents. This has resulted in us developing significant expertise in acting for amputees.

In addition, our specialist team of medical negligence solicitors have a history of representing those who need amputation as a result of negligent medical treatment, such as treatment of an injury leading to infection, vascular conditions and delay in diagnosis of an infection for example, meningitis or a bone tumour.

What our specialist amputation lawyers can do for you

If you are entitled to amputation compensation, we will liaise with third party insurers and arrange for an independent immediate-needs assessment as soon as possible. Wherever possible, we will use the Rehabilitation Code to ensure swift alterations to your home and the supply of suitable equipment to enable you to quickly return to independently managing your life.

In many cases, interim payments can be obtained at an early stage to help alleviate financial hardship and allow you to concentrate on your recuperation and rehabilitation.

We have developed relationships with leading experts and barristers in the field through our experience with various types of lower and upper limb amputation injury. In order to fully investigate the consequences of the injury on your life and maximise the value of compensation due to you, we generally need to involve some of the following experts:

• Orthopaedic Surgeon
• Consultant Psychiatrist
• Prosthetic Expert
• Architect (in respect of home alterations)
• Occupational Therapist
• Rehabilitation Specialist
• Employment Consultant
• For medical negligence claims, an expert who specialises in the condition which led to your amputation

We will instruct all necessary experts and review their findings and opinions with you, organise recommended treatment on a private basis as appropriate and plan the best way forward with you.

Types of amputation compensation claims

Here are some of the different types of claims that could be included in your overall compensation claim

• Pain and suffering and loss of amenity – often referred to as general damages. Compensation awards currently range from in the region of £15,000 for loss of a finger to £250,000 for the loss of both arms or legs, for example.
• Prosthetic costs – including everyday prosthetic limbs and specific sports/hobby prosthetics limbs, plus fitting and maintenance costs. The life span of a prosthetic limb is usually 5 years and the cost of multiple prosthetic limbs over a lifetime is often the largest individual element of a claim.
• Care and assistance – for help with shopping, cleaning, cooking and other day to day tasks that you would otherwise have done. Care claims can be limited to a few months post-amputation or be projected forward for life, depending on the individual’s circumstances and needs.
• Rehabilitation and occupational therapy
• Cost of moving – e.g. to single storey accommodation if appropriate, as well as home and vehicle adaptations. The law is currently in a state of flux in relation to the costs of moving property. We can advise you how best to present claims in this regard.
• Past and future loss of earnings and loss of pension – each individual is different in this regard and these claims require careful consideration and involve complex mathematical calculations. Forensic accountants are often instructed to prepare a loss of pension right claims for both private and state pension. Employment consultants can be instructed to assist with advice on future employment capabilities and the cost of appropriate retraining if appropriate.
• Other financial losses and expenses – determined by the individual’s reasonable needs and range from simple mobility aids to specialist fitness equipment, gym/pool memberships, mobility vehicles and extensive vehicle modifications.
• Future risk of amputation – known as provisional damages, this can apply to a non-amputated but injured limb in the case of infection or deterioration, or an amputated limb where complications arise. If a case is settled on a provisional damage basis, the case can be re-opened to enable the individual to be compensated fully should the future identified risk occur. Alternatively, the case can be fully concluded with an extra compensation sum to allow for the potential eventuality and the costs arising from it.

Phantom pain

This is pain that feels like it is coming from the amputated limb. It was originally thought to be a psychological phenomenon but is now understood to be caused by the spinal cord and the brain. Some amputees do not suffer phantom pain. For others managing the pain is a daily challenge. Phantom pain should not only be taken into account when considering the right level of compensation, your solicitor needs to have the experience to be aware of and understand the treatments which are available and may assist in improving the condition.

Assistance with your prosthesis and types of prosthesis

The level of NHS prosthetic provision nationally is patchy. For maximum mobility and comfort, you are entitled to state-of-the-art prosthetic provision both for everyday life activities and leisure and sporting activities (e.g. cycling, swimming or skiing). We will ensure that you are best advised as to the most suitable prosthetic limbs and components for your needs.

There have been substantial changes in the technological development of prosthetic limbs which can substantially increase the quality of life of amputees. For some amputees this can be the difference between being mainly wheelchair bound or active on both legs.

We can assist you in choosing a supplier and ensure that all the costs (e.g. fitting, supply, maintenance and future replacements) are paid by the third-party insurer. The costs linked to prostheses are considerable, therefore this is a central issue in maximising your future comfort, mobility and, if appropriate, confidence in the cosmetic appearance of the artificial limb.

Reasons to choose Clarke Willmott for your limb loss claim

• Winning record – excellent track record of winning compensation claims, some with compensation worth several million pounds.
• Recognised injury and amputation legal experts – accredited by the Association of Personal Injury Lawyers, Action v Medical Accidents and the Law Society – independent bodies who rigorously assess us to ensure we provide quality and value for money.
• Limb loss experts – Not only are we experts in the law, we are also well informed about the causes and consequences of limb loss. Our team regularly attend specialist amputation rehabilitation courses.
• Help to fund your claim – we can help you explore your funding options including ‘no win no fee’
• Partner led service – where many firms may use unqualified case handlers, at Clarke Willmott your claim will be overseen by a partner who is also one our most senior lawyers, to ensure you receive the best possible service and advice.
• Support step-by-step – we understand that questionnaires and form filling can be confusing and time consuming. That’s why we offer face to face meetings to talk you through the paperwork and help you complete it.

Contact our amputation solicitors

Get in touch online or call 0800 316 8892 to arrange a free no-obligation consultation with a specialist amputation solicitor, who will help you understand whether your claim is likely to have a positive outcome for you.

We represent clients nationwide from our offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton and can meet wherever convenient to you including at your home or even in hospital.

Life after limb loss and amputation training day events

We organise annual training days for those working in the amputee field. In the past these have been organised in conjunction with Meningitis Research Foundation, Reach, 12 Kings Bench Walk Barristers’ Chambers and sponsored by Össur, Dorset Orthopaedic and Blatchford.

Previous training days

• October 2016
• October 2014 part 1
• October 2014 part 2
• 6 June 2013
• 31 May 2012

Useful links to organisations that can provide support

Useful links for organisations that can provide support for amputees:

• NHS
• Diabetes.co.uk
• Limbless Association
• Douglas Bader Foundation
• Blesma
• Meningitis Research Foundation
• Ottobock
• Dorset Orthopaedic
• Össur
• Opcare
• Blatchford
• The London Prosthetic Centre
• Reach
• Steps