If you’re researching how to sue for an amputation, our guide provides all the information you need. Whether you experienced amputation negligence due to poor medical care or because of an accident that wasn’t your fault, you could be eligible to claim compensation for mental, physical, and financial pain and suffering.
A traumatic amputation can be a life-altering injury. As such, you may require extensive rehabilitative care and considerable time off work (if you don’t need to change careers entirely). Receiving compensation for your injury can help ensure that you will be looked after as you adjust to life.
Our expert panel of solicitors have won compensation for hundreds of clients through medical negligence and personal injury claims, so you can feel confident that choosing us is the right decision.
Our advisors are available around the clock to answer any questions you have about amputation claims. Choose to call, select the live chat, or use our online form below to see your eligibility for amputation negligence claims.
- Call 0800 408 7827.
- Make a query using the live chat feature.
- Contact us online to arrange a callback.
Frequently Asked Questions
- How To Sue For An Amputation
- What Amputation Compensation Could I Get?
- What Accidents Could Result In Amputation Being Needed?
- Can I Sue For An Amputation Resulting From Medical Negligence?
- What Do I Need To Sue For Amputation?
- Get Help From How To Sue
- Learn More
How To Sue For An Amputation
To sue for an amputation, you will need to prove that:
- A liable party owed you a duty of care.
- They breached this duty.
- You suffered an amputation, either traumatic or your injuries were so severe that you later required surgical amputation as a result of this breach.
A duty of care is a legal obligation someone has towards you to reasonably ensure your safety. It could be owed by an employer, an occupier, or a road user.
For example, if your arm had to be amputated due to a severe crush injury at work that could have been prevented, you could potentially claim compensation.
Additionally, medical professionals owe you a duty of care. You could claim if your amputation injury was due to medical negligence – for example, surgical negligence or being misdiagnosed. Find more examples later on in our guide.
It can be confusing to know how to sue for an amputation, but our friendly advisors are here to help answer any queries you may have.
What Amputation Compensation Could I Get?
Your amputation compensation settlement could consist of up to 2 heads of loss:
- General damages for the physical pain, mental suffering and loss of amenity caused in the accident.
- Special damages for the financial losses associated with the injury. For amputations, special damages could be considerably high.
Per the Judical College Guidelines (JCG), you could receive up to £293,850 to £344,150 for the loss of both legs through amputation. The JCG contains potential compensation figures. You can find more figures in the table below, though note how much compensation you receive could be more or less. All entries apart from the first are from the JCG.
| INJURY TYPE | SEVERITY | GUIDELINE COMPENSATION |
|---|---|---|
| Several Severe Injuries plus Special Damages (lost wages, rehabilitative treatment, etc) | Severe | Up to £1,000,000+ |
| Arm Amputation | Loss of Both Arms | £293,850 to £366,100 |
| Loss of One Arm (i) - Arm amputated at shoulder. | Not Less Than £167,380 | |
| Loss of One Arm (iii) - Below-elbow amputation. | £117,360 to £133,810 | |
| Leg Amputation | Loss of Both Legs | £293,850 to £344,150 |
| Below-Knee Amputation of Both Legs | £245,900 to £329,620 | |
| Below-Knee Amputation of One Leg | £119,570 to £162,290 | |
| Foot Amputation | Amputation of Both Feet | £206,730 to £245,900 |
| Finger Amputation | Amputation of Index and Middle and/or Ring Fingers | £75,550 to £110,750 |
| Toe Amputation | Amputation of All Toes | £44,570 to £68,430 |
How Much Can I Claim In Special Damages Following A Negligent Amputation?
How much you can claim in special damages after amputation negligence will depend on the circumstances of your claim. Special damages cover financial losses caused by the amputation. Some examples of special damages for an amputation claim include:
- Further medical treatment and relevant medical expenses.
- The cost of at-home care – this could be a family member caring for you or a care professional.
- Lost earnings if you had to stop working following your limb loss, temporarily or permanently.
- Adaptations to your home or car – for example, if you require a stair lift or bars around your home for stability and travel.
If you want to know more about amputation compensation, our advisors are here to assist.
What Accidents Could Result In Amputation Being Needed?
Several accidents could result in amputation being required. You can find some examples for each of them in this section.
Road Traffic Accidents
All road users have an obligation to use the roads in a safe manner as well as abide by the Road Traffic Act 1988 and the Highway Code. If they do not, this is likely a breached duty of care and considered negligence, as demonstrated in the examples below.
- A road user goes over the speed limit and causes a high-impact road traffic accident with another vehicle. The driver within the vehicle loses their arm after being crushed in their car following the crash.
- A motorcyclist requires a surgical amputation of their leg after being involved in a severe crash due to a driver not paying attention to traffic lights.
Accidents At Work
Your employer owes you a duty of care to take reasonable and practicable steps to ensure your workplace safety per the Health and Safety at Work etc Act 1974. This includes providing you with the correct training and personal protective equipment (PPE) in addition to regular risk assessments. You can find examples of employer negligence leading to amputation below.
- An employee uses a machine that has not been risk-assessed and malfunctions, causing the employee to suffer a crush injury that leads to a traumatic amputation.
- An employee uses a machine that they have not been trained on how to use. Due to a lack of knowledge, they suffer a traumatic amputation.
Public Liability Accidents
Occupiers of a public place or space owe you a duty of care under the Occupiers’ Liability Act 1957. This means they must take reasonable steps to ensure your safety, such as undertaking risk assessments regularly and maintaining equipment. Below are some examples of how occupier negligence could lead to an amputation claim.
- A visitor to an occupier-owned space uses equipment that has not been maintained for several years. They get their arm stuck in the equipment and are later required to have a surgical amputation.
- A customer in a supermarket requires amputation after their limb gets stuck in a faulty automatic door that has not been replaced or cordoned off.
To discuss the exact incident that caused your injury and how to sue for an amputation, call one of our advisors now.
Can I Sue For An Amputation Resulting From Medical Negligence?
Yes, you could be eligible to sue for loss of limb that occurred due to substandard medical practices.
All medical professionals owe you a duty of care. This means they must provide care to the expected standard, including giving correct medical advice, ordering further tests where necessary, and listening to patient concerns.
If you suffered poor medical care that led to limb loss, this is considered avoidable and unnecessary harm, and means that you could pursue a medical negligence amputation claim. This applies to both NHS and private medical treatment. Some examples of amputation negligence include:
- A patient being misdiagnosed with a condition that leads to amputation of a limb after the patient’s actual condition worsens.
- Surgical error due to negligence leading to a patient needing amputation.
- Delayed diagnosis causing a patient to have their arm or leg amputated when the limb could have been saved if diagnosis and treatment had occurred earlier.
How to sue for amputation due to medical negligence is slightly different from pursuing a personal injury claim for amputation. Our advisors can assist if you want to know more.
What Do I Need To Sue For Amputation?
To sue for amputation, you will need strong evidence and be within the time limit, both of which you can find out more about in this section.
How Long Will I Have To Make An Amputation Claim?
As outlined in the Limitation Act 1980, the time limit to pursue an amputation compensation claim is 3 years. This limit is relevant from the date of the accident for most personal injury claims.
For medical negligence amputation claims, this 3-year limit is also relevant. The limit either begins on the date of the negligence or from when you knew negligence occurred (i.e., when you became aware your amputation was because of medical negligence).
Sometimes, there are exceptions to this time limit, including:
- If the claimant is not yet 18. Minors cannot claim themselves until they turn 18, from which time the time limit begins.
- If the claimant is not considered to be mentally capable of making a claim. The time limit does not apply here unless the claimant regains capacity.
A litigation friend can be used to represent minors and anyone without mental capacity.
What Evidence Will I Need To Support My Claim?
You must present the correct evidence to support your amputation injuries claim. Strong evidence means you are more likely to have a successful amputation compensation claim.
The kinds below are beneficial for personal injury claims relating to amputation:
- Photos and videos of your injury and the accident scene.
- A way to contact witnesses.
- Evidence of training and the personal protective equipment (PPE) supplied to you.
- The record of your accident in the accident book.
- Your medical records.
- Details from the other driver (if the injury occurred in a road traffic accident), including insurance information, their contact details, and the make and model of their vehicle.
- Police reports or any other relevant reports, such as inspections.
If you have questions about anything covered in this section, please get in contact with an advisor.
Get Help From How To Sue
Deciding to claim with our panel of solicitors has several benefits. Some of these benefits include:
- Receiving expert advice on and helping you to gather evidence.
- Being put in contact with medical specialists like physiotherapists.
- Being assisted with all court proceedings by your solicitor.
- Knowing the best compensation settlement for you is being negotiated.
- Not having to worry about how your claim is proceeding.
Moreover, with our panel of No Win No Fee solicitors, you can claim via a Conditional Fee Agreement (CFA). The terms of a CFA mean that you do not pay the following costs upfront or while your claim is ongoing. Instead:
- You pay solicitor’s fees only if you have a successful amputation compensation claim.
- The success fee (legally capped at a maximum percentage of 25%) is taken from your compensation only when you receive it.
- Your solicitor will not ask you to pay for their work when they take on your claim or as it is ongoing.
Contact Our Advisors
It’s free of charge to see if you could make an amputation claim. Choose a way of getting in touch below. You’ll be connected to an advisor who will let you know if you have a valid claim and explain the next step in the claims process.
- Call 0800 408 7827.
- Make a query using the live chat feature.
- Contact us online to arrange a callback.
Learn More
See more of our guides below.
- See how to sue for a minor injury at work.
- Read about how to sue for a forklift accident.
- Find out when you can sue for manual handling injuries.
We’ve also compiled a small selection of relevant external links.
- Find out more about amputation at NHS.UK.
- Receive guidance on claiming Statutory Sick Pay from GOV.UK.
- Employee health and safety guidance from the Health and Safety Executive.
We hope our guide on how to sue for an amputation answered your questions. For further guidance and to see if you can claim, get in contact when you’re ready.