Amputation Claims Solicitors

Making an Amputation Compensation Claim

Losing a limb can be one of the hardest injuries to come to terms with, but our expert solicitors can help you make an amputation claim to compensate you for your loss.

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  • “This is an excellent PI team, who are highly respected in the PI sector. Their team includes bright, hard-working solicitors dedicated to achieving successful outcomes for their clients”

  • “Osbornes is a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims.”

     

Table of Contents

How can our amputation solicitors help?

An amputation can alter the course of your life, but it doesn’t have to dictate it.

Our serious injury claims solicitors have helped thousands of people regain their independence after an amputation.

Whether you lost a limb due to a workplace accident, road accident or something else, we can build a solid case for amputation compensation and help you get the support you need to move forward. Compensation cannot undo your injury, but it can help you adapt your home, buy custom prosthetics, and access the pain management, psychiatry and rehabilitation services you need to rebuild your life.

We take a holistic approach to amputation claims. Besides securing the compensation you need—for the rest of your life, not just for now—we will also connect you with a network of amputation care experts so you can access these services with ease.

Types of Amputation Claims

Around 5,000 to 6,000 major limb amputations are carried out each year in the UK. They can result from a variety of catastrophic accidents, and our solicitors are well-equipped to handle all types of amputation claims.

Road accidents

Car accidentsmotorcycle accidents or bicycle accidents can result in serious injuries, including limb loss. Amputation may happen instantly during the impact or as a subsequent medical decision due to the severity of your injuries. Motorcycle and bicycle riders are especially vulnerable due to the lack of physical protection compared to cars.

Road users have a duty to be reasonably careful and considerate towards other road users and must comply with relevant traffic laws. If someone else’s careless or negligent driving caused you to lose a limb, you may be entitled to compensation.

Workplace accidents

In some occupations, man and machinery work very closely together. Industrial jobs, especially those in manufacturing and construction, put workers at a higher risk of limb injuries due to heavy machinery, vehicles and working at heights. For example, getting your arm trapped in a conveyor belt can lead to a traumatic amputation.

Workers’ safety should be their employers’ top priority, but unfortunately, health and safety measures are sometimes overlooked. If you have suffered an accident at work, our solicitors can help you claim compensation and ensure your employer takes steps to prevent similar accidents from happening to others.

Medical negligence

Not all amputations are caused by external trauma; some happen due to medical procedures gone wrong. For example, a botched surgery or delayed diagnosis of an underlying condition such as diabetes can lead to sepsis or poor blood flow that requires a limb amputation.

Healthcare professionals have a duty to provide you with a certain standard of care. If they fall short of that duty, you may have a medical negligence claim. Our solicitors can help you navigate the complex legal process and secure the compensation you deserve.

Other accidents

Accidents that result in amputations can also occur in a variety of other unexpected settings, including:

  • Falls from height
  • Being crushed or pinned by heavy objects
  • High-voltage electric shocks
  • Explosive incidents, whether in a military or industrial context
  • Limbs getting trapped in gaps or small spaces, such as between a train and the platform

Whatever the circumstances of your accident, if someone else’s negligence or misconduct played a role in your limb loss, our solicitors can help you hold the responsible party accountable and get justice for your injuries.

Choosing the Right Solicitor

Many factors affect the outcomes for amputees, including the type and extent of the amputation, your age, whether you can continue to work and perform daily tasks, and how well you and your family are able to copy practically and psychologically with the loss of a limb.

A wide range of complications can arise following amputation, including feelings of grief and phantom limb syndrome. Accessing a comprehensive range of support services is extremely important. The earlier you engage with therapeutic care, the better your chances of a successful recovery and adaptation.

Our solicitors understand that. Our focus, from the beginning, as solicitors who specialise in catastrophic injury claims, is to secure your funding quickly so you access the best rehabilitation pathways as soon as possible and continue to access the best care, for life.

Because amputations are life-changing injuries, they tend to attract the highest level of injury compensation. We have a proven track record of securing seven-figure settlements for our clients, enabling them to live comfortably and independently following their amputation injury.

Our amputation claim experts

Where many firms may use unqualified case handlers, our team is made up of qualified solicitors who specialise in winning catastrophic injury claims for our clients. Our team is ‘highly respected’ in complex, high-value personal injury claims, as quoted in Legal 500, and several of our team members are highly ranked in Chambers and Partners.

Partners Ben Posford and Robert Aylott lead in this area. Ben acts exclusively for claimants who have suffered life-changing injuries of the utmost severity, including amputations, and regularly contributes to the national media on the importance of rehabilitation and access to justice for amputees and other severe injury victims.

Rob is an amputation specialist and head of major trauma at the firm. He has helped hundreds of victims of accidents and medical negligence secure high-value compensation for their injuries. He deals with claims worth several million pounds.

Support for living with the loss of a limb

The firm is a proud legal panel member of the Limbless Association, a leading national charity devoted to supporting and empowering amputees. We share their belief in getting early intervention and the best care and support following an amputation.

We are also a Major Trauma Signposting Partnership Approved Legal Partner. Rob regularly sees clients at St Georges’ Hospital—although our team can support and visit you right across the UK.

Amputation claim case studies

We have a proven track record of obtaining six and seven-figure settlements for clients who have suffered traumatic amputations—and we can do the same for you. Read how we have helped other people here.

The Claims Process

The claims process will depend on the cause of the amputation and who you are claiming against. For example, a medical negligence case against the NHS will follow a different process than a workplace accident claim against your employer.

To start a claim, please book an initial consultation with our serious injury team. In this meeting, we will listen to your story and advise you on whether we believe you have a valid claim.

Our solicitors will explain how the claims process works so you know what to expect. We will also discuss the options available for funding your claim. Almost all amputation claims can be pursued through a ‘No Win No Fee’ agreement. This means you will not be required to pay legal fees if you do not win your claim.

Compensation and Damages

How is compensation assessed in amputation cases?

Compensation is intended to put you back in the position you were in before your injury occurred. When it comes to amputations, this is not always possible. As a result, the amount of compensation awarded will be based on the value of what you have lost and what you will need to live comfortably and independently in the future.

Because compensation for amputations is assessed on an individual basis, the amount of the settlement can differ widely from one claimant to another. For example, a high earner who can no longer work because of amputation may have a large future loss of earnings claim. A sporty young amputee may have a substantial claim for the cost of a custom-built sports prostheses.

The damages that you can recover include:

  • Medical and care costs: Including paying for private medical treatment, rehabilitation, therapy and counselling services, private carers and any other type of care support.
  • Prosthetics: The cost of prostheses and orthotics devices and mobility aids, including custom or state-of-the-art limbs for specific activities such as sports or work.
  • Adaptations: Any modifications needed to your home or vehicle to accommodate for your amputation injury.
  • Pain and suffering: This refers to the physical pain caused by an amputation injury, as well as the emotional and psychological trauma that might accompany it.
  • Lifestyle changes: These damages are intended to compensate you for the impact the injury has on daily activities, relationships, hobbies and overall quality of life.
  • Loss of earnings: When you lose a limb, you will be unable to work for a period, or you may not be able to return to your previous line of work at all. Loss of income can be a significant part of the compensation you receive, particularly if you hold a high-paying job.

What is a typical amputation claim payout?

People who undergo limb amputation often require years of support and rehabilitation, and this may include counselling and psychological treatment for both themselves and their family. Home adaptations and loss of earnings can also be substantial.

For this reason, amputation cases that involve a major limb (arm, leg, hand, foot) can attract multi-million-pound settlements. The severity of your injury is the primary deciding factor that goes into calculating the settlement value. If you have suffered an amputated finger, you realistically will receive less than someone who has had an arm amputated and requires a prosthetic limb.

Support and Rehabilitation Services

Recovering from an amputation is a journey that extends far beyond the operating room and involves more than just the physical healing process. At Osbornes Law, we understand that comprehensive support and rehabilitation services are crucial to your recovery and independence.

Soon after you contact us, we will provide access to free Independent Needs Assessments. This service evaluates the impact of your injury and identifies the support you need, both now and in the future. Wherever possible, we will seek early interim payments to fund the rehabilitation required.

Early interim payments are paid before the claim is settled and go a long way toward ensuring your immediateneeds are met.

Access to Medical Care and Rehabilitation

We ensure that our clients have access to the highest quality medical care and rehabilitation services. This includes arranging for physiotherapy, occupational therapy and any additional specialist support you may require. Our goal is to facilitate your return to the highest level of function and independence possible.

Psychological Support

The emotional and psychological impact of amputation cannot be overstated. For many, the loss of a limb can trigger a grieving process along with potential long-term psychological challenges. We advocate for consistent psychological support, including counselling and therapy, to aid in adjusting to life post-amputation and to promote mental well-being.

Prosthetics

Adapting to life with a prosthesis is an essential aspect of rehabilitation post-amputation. We work in tandem with leading limb loss charities to ensure that you have access to the most advanced prosthetic technology suited to your individual needs. Whether for everyday use or specialised activities, we aim to connect you with prosthetics services that enhance mobility and autonomy.

Adaptation to Lifestyle Changes

Post-amputation life may require significant adaptations to your lifestyle. From home and vehicle modifications to integrating assisted technologies, we aim to secure the services and funding to make these transitions as seamless as possible.

Funding Your Limb Loss Claim

We have a range of funding options to help you finance your amputation claim. Most claims are managed on a ‘No Win No Fee’ basis. This approach allows you to proceed with your claim without any upfront costs, and you will only pay a fee if we successfully secure compensation for you.

If you have legal expenses insurance or you are a trade union member, your legal fees may be covered by insurance. We can look into this for you.

It is also possible to self-fund your legal case. If you choose this option, rest assured that we provide a transparent fee structure and will discuss with you the potential costs from the outset.

What role do Osbornes Law play in the claims process?

Amputations are among the most serious injuries. Claims can be incredibly complex and result in very high settlements. Since most personal injury claims end up on the desk of an insurance company, you need a legal team that knows how to deal with these large organisations.

To make sure your claim is as stress-free as possible, we will take care of all correspondence with the responsible party, their legal team, insurance companies, the court, and any other third parties involved in your case. We will handle negotiations on your behalf and ensure you receive the full amount of compensation you are entitled to.

Your rehabilitation is our first priority. Besides handling the legal aspects of your claim, we will connect you with charities, support groups and medical professionals who can help you cope with the emotional and physical challenges of amputation.

Amputation Claims FAQs

What constitutes an amputation claim?

An amputation claim is a type of personal injury claim. To be able to claim compensation for the loss of a limb, we need to be able to show that:

  • Someone owed you a duty of care.
  • They breached that duty of care and you were harmed.
  • The injury directly led to the loss of your limb.

Don’t worry about whether someone owed you a duty of care. We will discuss your circumstances in detail when you contact us and determine whether you have a valid claim.

What are some common causes of amputations?

Amputations occur in a wide variety of accidents including car accidentsdangerous machinery accidents,falls from height, trap incidents and explosions. They can also occur as a result of medical negligence, for example, where infection is not controlled properly or inadequate care is provided, leading to the need for amputation.

Our specialist team is experienced in all types of catastrophic injury cases. You will always be matched with a solicitor who has specific expertise in dealing with the type of accident that caused your amputation.

How is compensation calculated?

Compensation for amputation claims is made up of two parts:

  • General Damages: This covers the pain, suffering and loss of amenity caused by your amputation.
  • Special Damages: This covers any financial losses you have incurred or will incur as a result of the amputation. Special damages could include lost earnings and loss of future earnings, medical expenses, rehabilitation, counselling, prosthesis and mobility aids, home adaptations and future care costs.

The amount of compensation awarded is unique to each individual case and depends on various factors, such as your age, the severity of the injury and its impact on your life. Our experienced solicitors will work with you to ensure that all relevant costs are included in your claim.

What are the time limits for making a claim?

In general, personal injury claims have a time limit of three years from:

  • The date of the accident or injury, or
  • The date when you first became aware that your amputation was a result of someone else’s negligence.

However, there are exceptions to this rule, such as cases involving children or individuals with mental incapacity. It is important to seek legal advice as soon as possible if you believe you have a valid amputation claim.

What evidence is required for an amputation claim?

Successful amputation claims hinge on robust evidence to establish the negligence of the responsible party, and to support the value of the claim.

Your solicitor will work with you to gather the best possible evidence, which might include:

  • Medical records from the hospital that treated you
  • Witness statements from those who saw the accident or were involved
  • Photographs of the accident scene
  • CCTV or dash cam footage
  • Accident logs
  • Investigation reports from the Health & Safety Executive

We will also arrange for you to visit one or more independent medical experts. The experts might be surgeons, occupational therapists, psychologists, plastic surgeons or reconstruction specialists who specialise in the type of amputation injury you have sustained.

They will provide a report establishing the extent and impact of your amputation, including any potential future needs it creates. This medical report is a vital part of any amputation claim. It helps us accurately value your compensation amount.

How do I fund my claim?

Most claims are funded with a ‘No Win No Fee‘ agreement, but we can also work with other funding arrangements such as legal expenses insurance or trade union insurance. We will discuss the most suitable option for you, ensuring clarity and confidence in the financial aspects of your case.

What rehabilitation and support services are available?

One of our first jobs is investigating your rehabilitation needs, with the help of a specialist case manager and amputation rehabilitation and prosthetics experts, to put in place a rehabilitation package funded where possible by the third-party insurer.

That package will usually be multi-disciplinary, with input from physiotherapists, occupational therapists, prosthetists and orthotists, psychologists, psychiatrists and pain management doctors.

Our goal is to ensure that you have the best possible opportunities to rebuild your life after an amputation, and the compensation to cover all your needs in the future.

What is the impact of pre-existing conditions?

If you have a pre-existing condition that affects your amputation, it is still possible to make a claim for the additional harm caused by your accident. Our solicitors will assess your case and determine the best course of action based on your unique circumstances.

In some cases, pre-existing conditions may impact the amount of compensation awarded as they could be seen as contributing factors to the injury. Our team will seek to gather medical opinions to demonstrate how the accident exacerbated or deteriorated the already present ailment, to ensure youreceive the full compensation you are eligible for.

Will I have to go to court?

It is rare for personal injury claims to go to court. We always try and negotiate claims out of court. However, in cases where your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we will start court proceedings. Even when trial dates have been set, most claims that reach this stage are resolved with a pre-trial settlement. This allows you to get the compensation that you deserve without the need for a hearing.

What are the long-term complications of amputation

Following an amputation, a major life adjustment is required. In addition to learning to live with limb loss, there is a myriad of side effects that can affect an amputee. Every one of these side effects will impact negatively on the quality of life. If you or someone you know has lost a limb due to amputation, you may recognise some of these symptoms.

Chronic pain: This is very common and can contribute significantly to any disability. People who have lost limbs describe different forms of long-term pain including:

  • Phantom limb pain – a very common symptom in which pain is perceived where the missing limb used to be. Phantom pain is more likely to occur following traumatic amputation than medical amputation.
  • Residual limb pain- this is also very common and is pain that originates from the remaining part of the amputated limb. Residual pain can arise from many different causes, including infection of the wound and a prosthesis that is poorly fitted.

Loss of function: Depending on the site of the limb loss, loss of function can be severe. Many different factors can affect the recovery of function, including soft tissue and muscle coverage, surgical technique and prosthetic technology. Loss of function will have a direct impact on work options and the ability to return to employment.

What are prosthetics and orthotics?

A prosthesis is an artificial device designed to replace a missing body part and restore function. The need for a prosthesis can arise through disease, such as diabetes, congenital birth disorders or from trauma.

There is a broad range of body parts for which a prosthesis can be made. In the personal injury field the most common prostheses are made to replace upper or lower limbs. These devices should be custom built for the individual, depending on their level of amputation and  functional needs.

An orthosis is also a custom-made device designed to restore function but it sits alongside a body part rather than replaces it. Orthotics can help maintain stability and enhance function in a residual limb after amputation surgery.

Modern prosthetics are of lightweight construction made from titanium, plastics and composites.

Can a severed limb be reattached?

In severe injury cases, a body part can be cut or crushed so it is mostly or completely detached from the body. In some cases, where the finger, arm or toe has been retained intact and specialist emergency treatment is available, it can be surgically reattached to the body. This is called surgical replantation.

Replantation is complex reconstruction surgery and involves repairing vessels, nerves, connective and soft tissues. It is better suited to clean-cut amputations than crush injuries.

Outcomes are variable and if better function results than would be possible with a prosthesis then the operation will be considered successful. Limb shortening is a risk and loss of feeling and function and pain can persist.

Our amputation solicitors have experience in these cases: in helping to support the injured person through the long period of rehabilitation and in building a case to claim for the lifetime losses and needs arising.

What does amputation level mean?

Treating surgeons will determine the level at which to operate to amputate the remaining body part after trauma to save as much of the damaged limb or digit as possible. They may consult a prosthetist about the amputation level to ensure the best prosthetic fitting.

Upper limb amputations can be made through the wrist, elbow or shoulder (joint disarticulations) or through the long bones (trans-humeral or trans-radial). For the hand, amputation can be at several different levels depending on the damage, from the distal phalanges at the fingertips to the metacarpal bones.

Amputation level in the lower limbs is similarly located at the joints or long bones, with disarticulation surgery at the hip, knee or ankle and transfemoral and transtibial amputations through the thigh and shin bones respectively. A trans-femoral amputation is more commonly known as ‘Above the Knee’ (AK) and a transtibial amputation is called a ‘Below the Knee (BK) amputation.

In the foot, amputation can be a disarticulation at any of the joints of the toes or in the mid- foot (trans-metatarsal, Lisfranc or Chopart).

What are myoelectrics?

Myoelectric prosthetics is an advanced system of upper limb prosthetics that uses electrical signals from the muscles in the residual limb to control movement in the attached artificial limb. The user is trained to use specific muscles so as to activate sensors in the prosthesis which in turn activates motion commands via an electric motor.

The technology is fast moving in this area and new developments increasingly mimic the dexterity and versatility of the human hand and arm.

Can my artificial limb be made to look like my old one?

Yes. Specialist prosthetics clinics can custom build a silicone prosthesis or cover that looks natural, matching skin tone, hair and freckles.  We had a case recently where our client had an arm cosmesis made to match his existing tattoos.

Are prosthetics available for finger amputations?

Yes. We deal with a lot of finger amputation cases for workers in construction, industry and agriculture, where accidents with machine and hand-held cutting tools are common. Traumatic amputation of one or more fingers will compromise dexterity, grip strength and fine motor skills and may involve ongoing nerve pain, sensitivity and unsightly scarring.

A life-like silicon prosthesis can be made to cover the finger stump, even for a fingertip amputation. It will not significantly regain movement or function but will greatly improve appearance and often help with the psychological effect of the injury.

What is osseointegration?

Osseointegration is a surgical technique by which an artificial implant is inserted directly into bone and the bone grows around the implant surface integrating it permanently into the bony structure.

Long established in the fields of dental implantation and joint replacement surgery, osseointegration has now been adapted to limb replacement surgery for amputee patients as an alternative to a socket.

This procedure connects an upper or lower limb titanium prosthesis directly to the bone of the residual limb, forming a strong and permanent connection between the two.

Osseointegration can be used in cases of trans-femoral, trans-tibial, trans-humeral and trans-radial amputation. It removes the problems of ill-fitting and painful sockets and offers the benefits of improved mobility and control.

Our amputation lawyers have recent experience of organising private provision for this advanced amputation reconstruction surgery in our amputation cases.

  • Following my amputation, I was referred by Osbornes .... Everyone I spoke to at Osbornes was really nice and helpful. Kate and her team always responded quickly and if I didn’t understand something they were happy to help and explain everything.

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