- No Win No Fee funding available
- We can help find the right support for you
- Offices serving all of England & Wales
- Track record of successful claims
You may have had to undergo an amputation following a traumatic impact resulting from an accident, or as a result of medical negligence. If so, we can help you secure compensation to get your life back on track.
You might have been involved in a road traffic accident, accident in the workplace, or been a victim of medical negligence. Whatever your circumstances, our specialist team of limb loss experts can help you secure the compensation you deserve.
Why seek compensation?
When you’ve experienced limb loss, life can change massively. Whilst compensation cannot return your life to exactly how it was before your accident, it is designed to get you as close as is reasonably possible.
How can compensation do this? Through giving you access to the best experts, rehabilitation services and adaptations available, whilst also recovering your financial losses, such as for loss of earnings or for care.
Whilst there is no doubt that life after limb loss can be difficult, there is lots of help available to those who have experienced an amputation to ensure they can live their lives to the full.
We build a team around our clients to ensure that they secure the best outcome for their life. Our expert team of limb loss solicitors have connections with a wide range of specialist rehabilitation services who can help you with custom prosthetics, adaptations to your home, physiotherapy, hydrotherapy, occupational therapy and also counselling if necessary.
“You have given us the opportunity to turn our lives around. We can now go forward with a great deal more confidence and optimism. ‘Thank you’ does not begin to express the way we feel!”
Royds Withy King limb loss client who suffered a high above knee amputation as a result of GP negligence following knee replacement surgery
When can you bring a claim for limb loss?
You may have found yourself involved in:
Or, you may have experienced limb loss following misdiagnosis or negligent treatment, such as circumstances involving:
- orthopaedic negligence (such as substandard surgery or poor management of post-operative infection, surgery error or mismanagement of infection)
- delayed diagnosis of cancer
- GP negligence, such as not responding appropriately to signs of infection
How long do you have to bring a claim?
If you have suffered an amputation following an accident that was not your fault, or as a result of medical negligence, it is best to seek legal advice as soon as you can.
Whatever your situation, a claim must usually be submitted to court within three years of the date of the incident. This is known as the ‘limitation period’
There are exceptions, such as:
- date of knowledge, or when you became aware of the effects of your injury;
- where a claim involves a child, court proceedings must be started before their 21st birthday
The court has the final say on whether court proceedings can start after the primary limitation period has passed. However, it is best not to delay, so seek legal advice as soon after the accident as possible.
What is the process of making a claim following amputation?
We have specialist solicitors who are very experienced in dealing with amputation cases. The first step will be to assess the merits of your claim by discussing your injuries and the circumstances of your case with you. We will then provide advice on the best way to fund your claim and we offer a “no win no fee” agreement.
There are two main parts to the claims process:
- Determining liability – when you instruct us our team of specialist solicitors will work with experts to gather evidence to determine who is at fault for your accident or, in the event of a medical negligence claim, whether negligent treatment led to your injury.
- Valuing the claim – as covered in the following section.
We can secure interim payments for you whilst we handle your compensation claim to ensure you are able to enjoy a high-quality rehabilitation package whilst the claim is resolved. Unfortunately it is not unusual to suffer psychological difficulties following an amputation, and many clients benefit from psychological therapy or support from a counsellor or amputation nurse. We can request interim payments to pay for therapy which will help with psychological difficulties.
When it comes to reaching a conclusion in your claim, we will consider whether your future needs are better suited to one lump sum compensation payment or annual periodical payments and we will advise you on this in detail before a settlement is agreed.
How long will a claim for limb loss take?
It is difficult to say exactly how long your claim will take to conclude, as much depends on the specific facts of your case, the treatment you require, the extent to which you make a recovery, and at what stage the medical experts can be sure about your prognosis.
Each case is very different but regardless of how long a case takes to reach a conclusion we will be there to guide you throughout the process. Once an agreement has been reached as to the level of compensation you will receive, we can provide you with advice on how to protect your compensation from means-tested benefits and statutory funding.
How much compensation could you receive for an amputation claim?
If you are successful in establishing liability, evidence will be gathered by a team of carefully selected medical experts and you will be advised upon the value of your claim. It is very difficult to accurately predict at the outset of a claim how much compensation will be recovered as it depends on your particular circumstances.
There are two main types of damages which we would look to recover. The first is referred to as ‘general damages’ which are to compensate you for the pain, suffering and loss of amenity that you have suffered from the accident/negligence, including the amputation itself.
The factors to be taken into account in valuing general damages in amputation claims include the following:
- where the amputation was – which limb(s) or body part was amputated, was it above or below a joint, whether the amputation was of a dominant limb etc.
- the effect on work, domestic and social life
- the extent to which prosthetics can restore function
- the intensity of any phantom pain
- the presence of any psychiatric symptoms
- the claimant’s age
- side effects of any medication
- the risk of future degenerative changes
- overall prognosis for restoring mobility/function
In addition, you are entitled to claim for your ‘special damages’ which you have incurred as a result of the accident. These refer to your financial losses and might include your loss of earnings, care costs and travel expenses, for example. We will also look at your future losses which might include future loss of earnings if you can’t return to work to the same extent or at all, the cost of future treatments/therapies, aids/equipment, ongoing care needs, etc.
The purpose of the compensation is to put you back into the position you would have been in, but for the accident or negligence. We will ensure that all losses are included within your claim to help maximise your compensation and your quality of life.
What makes Royds Withy King suited to amputation compensation claims?
We are passionate about representing individuals who have suffered an amputation following an accident or medical negligence. Our specialist solicitors understand the medical aspects of amputation claims and instruct the best experts to assess you for the purposes of your claim, while working closely with you to identify your long-term needs and goals.
We have extensive experience handling all types of amputation claims and will be able to guide you through the process of making a claim for compensation when you have suffered limb loss caused by an accident or through negligence.
We have a proven track record of settling amputation claims successfully changing the lives of those who have suffered an amputation. To read some of these cases, click on the links below.
“I really have to say the level of service was great! … I really don’t think I would have had the same result with another firm.”
Royds Withy King limb loss client