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Home » Amputation Claims – How Much Compensation Am I Eligible To Claim?

Amputation Claims – How Much Compensation Am I Eligible To Claim?

If a limb has to be removed it can be a devastating experience. The thing that can make it more difficult is that the need for amputation occurs due to the negligence of someone else. For instance, you may be injured in a traffic collision or a workplace accident or as a result of medical negligence, all without negligence that is yours. In addition, if you’ve suffered an injury due to someone who was negligent, you could be eligible to submit an claim for compensation for amputation.

We can help you if you’re considering Amputation claim. Our specialist experts can evaluate your claim and give assistance on a non-obligation basis. If your claim is found to be feasible you could be forwarded an one of our personal injury lawyers. In order to make the amputation claim procedure more manageable, they’ll be working on a No-Win No fee basis if your claim is accepted for consideration. It means you don’t have to pay for their services unless you get compensation.

For more information about the process of claiming an amputation you can read more here. If not, contact us right away If you’re ready to begin your claim now.

What is An Amputation?

Amputation is taking off a leg as a result of injuries, diseases or surgical intervention. When we speak of the limb amputation claim which refer to those in which an arm or hand, finger, foot or toe have been surgically removed.

There are two types of amputations that could occur:

Traumatic Amputation. In which a limb is removed in an accident.
Amputation surgical. When a surgeon removes the limb due to inability to be saved or treated.

In addition to being physically affected by Amputations could be a psychological trauma as well. Whatever the cause, if the accident or incident which caused your injury was not at fault, you may be able to receive damages.

No matter the reason for the amputation, a lawyer must verify some things prior to they will consider taking your compensation claim. When your case is reviewed the following factors will be examined:

Did you have the duty of care of the defendant?
Did they behave in a negligent manner toward you?
In direct consequence of this inattention, it caused the amputation of your leg.

If you’re able to reply yes to all three of the questions there is a chance you have a valid reason to assert. Let’s look at ways to gather evidence to prove your claim.

Evidence to Support An Amputation Claim

If the claim for amputation stems from accidents, it is possible that you may be able to offer evidence to support the claim for compensation, like:

Medical medical records. They are the best starting point for any claim for compensation in the event of an amputation. You can request records from the hospital where you received treatment.
Photos of the accident scene. It’s much easier to convey what happened by taking photos. Ideally, the photographs or video must capture the reason for the accident that resulted in the amputation. The pictures should be taken as quickly as it is possible.
Accident reports. If the incident occurred at workplace or in a public space or on a business’s premises An accident report form must be completed. It is possible to use the form to verify the time, date and the time for the event.
Witness details. In the beginning an attorney for personal injuries will inquire about the defendant’s willingness to admit liability. they accept liability for your Amputation injury. If not then witnesses can be asked to provide a written account of what happened.
CCTV or dashcam recordings. If the incident was recorded on camera, you are entitled to the right to request from the owner to provide the footage. A video can provide the exact details of what happened. Be sure to act quickly however, since footage could be erased within a matter of days or even weeks.

In the event of amputation claims these items can increase your chances of proving that the accident occurred Our solicitors are able to assist you with obtaining the necessary evidence.

What Compensation Can I Receive for an Amputation?

The fact that you claim compensation for amputations doesn’t mean you’re asking for a lump sum payment from the defendant. Any claim requires proof and should be just. In calculating the compensation for amputation claims the solicitors split it into two parts:

General damages. This covers the suffering and pain the amputation caused you. It is important to note that this will cover psychological suffering as well as physical discomfort. To establish the extent the injuries you sustained, it is recommended that you require an assessment through an impartial medical professional.
Special damages. Amputations can cause financial difficulties as well. It is therefore important that to include them in your claim. Examples of claims include loss of income, medical expenses for private such as travel expenses, health care expenses, as well as vehicle and home modifications.

Scenarios that could lead to Amputation Claims

The most common mistakes that could lead to an amputation claim could include:

Fingers that have been cut by machinery used in the workplace during a factory accident, because the safety guard was taken away.
When a motorcyclist has to lose an arm due to being struck by a vehicle which was not able to recognize the cyclist when they were pulling out of the junction.
Toes are removed after a piece of equipment falls in a building site accident, and the worker was not provided with shoes that were protected through their company.
If a physician fails to identify diabetes properly, the patient suffers from a lack of circulation to their foot and needs Amputation.
When a child loses the finger when it gets stuck by damaged equipment during an accident at an elementary playground.

As you could imagine that there are numerous reasons that compensation claims for amputation could be required. So, don’t be concerned even if we haven’t included the same scenario as yours in the above. If you’d like us to determine whether you’re eligible to file a claim, contact us today for advice.

Amputations Following an Accident at Work

In accordance with the provisions in The Health and Safety at Work Act 1974, employers are required to fulfill an obligation to take care of their employees and are accountable to put the proper safeguards into place in order to guarantee the workplace is secure for everyone who is who are employed by them. This means the equipment used is maintained, and all employees receive an extensive amount of training and supervision regarding the safe and proper operation of machinery and safety guards are put in place where needed to safeguard workers from any workplace-related injuries.

If your employer was unable to comply with all of the health and safety standards in the Act and you were injured and required to undergo surgery for Amputation, you might be able to file an appeal to recover reimbursement.

Medical Negligence as A Reason Amputation

Amputations surgically are often the only option in cases of severe nerve damage in someone who suffers from diabetes, or when the bone of the limb is affected by cancerous cells. In both situations, amputations are thought to be a life-saving choice.

If you were forced to have an limb removed for medical reasons, this in itself isn’t a reason to seek compensation. There are however certain situations in which you could be eligible for compensation.

When illnesses such as cancer or diabetes are identified and treated in the early stages, complications that are related to these diseases can be avoided. If these conditions are not diagnosed early can lead to the disease progressing and requiring the removal of an organ or body part.

If you were not given the proper treatment due to an error in diagnosis or mistaken diagnosis, and you ended up having to undergo a surgical amputation because of it the doctor could be found negligent. In this instance you may be qualified to claim compensation to compensate for the harm that delays caused.

The Time Limits for Claiming Amputation Compensation

The personal injury claim deadline is three years. In the case of amputation claims, this will usually begin from the date of the incident that caused the injuries. A possible exception is amputation claims that involve children. In this case an attorney friend can be able to claim on behalf of a child anytime prior to the age of 18. If this isn’t the case then they’d have three years to file claims starting with the date of their 18th birthday.

It is recommended to begin your claim as soon as you can. If you do this, you’ll allow your solicitor ample time to gather the evidence needed to support your claim. If you’re able to be benefited from an individual rehabilitation program or prosthetic leg more effective than the ones offered by the NHS the solicitor can seek an interim payment by the defendant to cover the cost of the procedure.

If you’d want to discuss how long you are entitled to claim, or have any questions regarding amputation claims and claims, contact us. There is no obligation to take action, however your case will be examined and you’ll receive no-cost legal advice about the options available to you.

Do I need a solicitor In a Claim for Amputation?

In general, any compensation claim is likely to end up at the feet by an insurer. If that occurs it is the insurer’s responsibility to be able to pay if it’s clear that the client was accountable for both the crash and the injuries you sustained. If one or the other cannot be proved, you may receive a lower settlement, or even not get any payment even if you do.

We believe the best method of obtaining the right amount of compensation in the event of an amputation is to get an attorney for personal injuries to your side. If your claim is approved the solicitor will ensure that they are aware of the impact your injuries have had on your life.

They’ll then gather the evidence that supports your claim, and will handle all communications with the insurance company on your behalf. If any objections are that are raised, they’ll stand in your side and present additional evidence if necessary. If the insurance company offers settlement of the claim it can be examined to make sure it is in full proportion to the suffering you’ve experienced.