Solicitors for Amputation Claims

Amputation claims are among the most comprehensive. They can include compensation for the injury itself and the loss of the limb, pain and suffering including phantom limb pain, prosthetics over a lifetime, care and assistance, equipment, home adaptations or alternative accommodation, past and future loss of earnings, and pension loss where a career has been curtailed. Each element needs supporting evidence.

A prosthetics expert assesses what devices you need now and what you will need in future, taking into account the level of amputation, your age and your activity levels. Prosthetics have a limited lifespan and need replacing several times, and the type needed may change over time. Those costs, projected over a lifetime, form a substantial part of the claim.

Yes, where it is needed. The claim can include adaptations such as ramps, widened doorways, a wet room or a stairlift, and where adaptation is not practical, the additional cost of moving to suitable accommodation. These elements require expert evidence on what is reasonably required rather than simply what would be convenient.

Phantom limb pain is pain or sensation felt in the part of the limb that has been removed. It is a recognised consequence of amputation and can be persistent and distressing. It can be claimed for, and the medical evidence should address its severity and its likely course.

These are among the longest claims, commonly taking two to four years and sometimes longer. That reflects the volume of expert evidence needed, particularly on prosthetics, care and future needs, and the importance of getting the lifetime projections right. Where liability is admitted, an interim payment can be sought to fund prosthetics, care or accommodation while the claim continues.

Often it is possible, where liability has been admitted or the insurer accepts responsibility in principle. An interim payment is money paid on account of compensation before the claim settles, and in an amputation case it can fund a prosthesis, rehabilitation, care, equipment or home adaptations much sooner than would otherwise be possible. We will look at whether one can be obtained in your case.

That does not prevent a claim, and it is not uncommon. Where a limb is amputated later, after efforts to save it have failed, the claim still lies against whoever was responsible for the original accident. The intervening period of treatment and uncertainty is itself part of what the claim reflects, and the medical history is important evidence.

For most claims in England and Wales the limit is three years from the accident, or three years from the date you knew or ought reasonably to have known that you had suffered a significant injury. Where someone lacks the mental capacity to bring a claim, the limit does not run in the ordinary way. Anyone close to a deadline should take advice immediately.