The best advice for amputation compensation claims
You may have had to undergo an amputation of one or more of your limbs or fingers following a traumatic impact resulting from an accident. This might have been a road traffic accident, accident in the workplace or the unfortunate result of complications arising from seemingly minor injury after an accident.
Our specialist amputation lawyers are here to help guide you through the process of making a compensation claim after you have suffered an amputation due to an accident that was not your fault.
If you have lost a limb as a result of medical negligence, we also have a team of experts to help right here.
When can you bring an amputation claim following a personal injury?
If you have suffered an amputation following an accident that was not your fault 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 accident. 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 for 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 accident 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 – even if you are partly to blame for the accident, you still may be able to pursue a claim for your personal injuries and losses.
- 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. 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 advise you accordingly.
How long will a claim take?
It is difficult to say exactly how long your claim will take to conclude, as much depends on 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.
All cases are 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 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.
There are two main types of damages which we would look to recover. The first is referred to as general damages which are for the pain, suffering and loss of amenity that you have suffered from the amputation. The factors to be taken into account in valuing general damages in amputation claims include the following:
- where the amputation was – which limb(s) 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 pains
- the presence of any separately identifiable psychiatric disorder
- the claimant’s age
- side effects
- risk of future degenerative changes
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, cost of future treatment, 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. We will ensure that all losses are included within your claim to help maximise your compensation and your quality of life.
What makes the Royds Withy King Personal Injury team suited to amputation claims?
We are passionate about representing individuals who have suffered an amputation following an accident. Our specialist amputations team 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.
We also have extensive experience handling amputation claims and will be able to guide you through the process of making a claim for compensation when you have suffered an amputation caused by an accident.
We have an extensive history 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.
“What the team is known for: Somerset-based practice that comes recommended for its focus on spinal cord and brain injuries. Also offers niche expertise in areas such as fatal accidents and animal cases. Strengths (Quotes mainly from clients): “They are all very approachable and friendly, and I think that’s the culture that exists throughout the firm. They are a close-knit team.” “They have that mentality of looking after the client first as opposed to their own interests. They always do what’s best for the client.” Notable practitioners: Stuart Brazington (Band 1) offers particular expertise in serious spinal cord and brain injury cases. According to one interviewee, he “knows his cases extremely well” and “has good judgement about which points are likely to be important.” Mark Hambleton (Associate to watch) covers a broad range of personal injury matters, including animal cases, sports injuries and motorcycle accidents. Sources describe him as “always very impressive” and note that he’s “very good with clients.”” Chambers 2017 Somerset
“What the team is known for: Outstanding personal injury practice adept at handling an impressive breadth of claims, including equine matters, industrial disease cases and cycling accidents. Notable expertise in chronic pain and fatal accident cases, as well as offering significant experience in catastrophic injury claims. Strengths (Quotes mainly from clients): “They were all empathetic but businesslike, and this formed absolutely the right mixture. Their advice was delivered to me in exactly the right way.” “They were brilliant and supportive.” Work highlights Acted for a professional jockey in a claim arising from a racing accident in Australia that resulted in complete paraplegia. The case was partially tried at the Royal Courts of Justice in London. Advised the widow of a man killed by a bullock, bringing precedent-setting liability claims under the Animals Act. Notable practitioners: Ian Carrier (Band 1) offers extensive expertise in catastrophic injuries, with a particular focus on spinal and brain claims. Impressed clients describe him as “very experienced and knowledgeable,” and note that he “has a genuine interest in you as a person.” He is also praised for his creative approach to complex cases. Tracy Norris-Evans (Band 1) draws on a wealth of experience in severe injury claims, including paediatric cases and those involving complex neurological issues. She frequently acts as a trustee in high-value settlements. According to one impressed source, Helen Childs (Band 2) was “absolutely superb from the outset” and had “phenomenal attention to detail.” She is held in high regard for her focus on major asbestos-related claims.” Chambers 2017 Oxford and Surrounds
“Royds Withy King sits on the panels for the United Kingdom Acquired Brain Injury Forum and Headway. Department head Louise Hart handles amputation, orthopaedic injuries, chronic pain, PTSD and facial injury matters. Stuart Brazington is also recommended.” Legal 500 2016 South West
“Royds Withy King, Tracy Norris-Evans is renowned for brain injury and paediatric work, and ‘shrewd lawyer and tactician’ Richard Brooks specialises in claims involving animals. Also recommended are Ian Carrier, who is adept in spinal injury claims; and Helen Childs, who leads the industrial diseases practice.” Legal 500 2016 South East