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Fosters Solicitors

Amputation injury claims: Your legal rights explained

Suffering an amputation is life-altering. If it occurred due to someone else’s negligence, understanding your rights around amputation injury claims is essential. Whether the injury was caused by a workplace incident, road traffic accident, or medical negligence, you may be entitled to compensation to help rebuild your life.

The legal framework for amputation injury claims

In the UK, personal injury law allows individuals to claim compensation if they can prove:

  • The other party owed them a duty of care.
  • That duty was breached.
  • The breach directly caused the amputation injury.

Key legal references include:

  • The Health and Safety at Work Act 1974 (workplace incidents).
  • The Road Traffic Act 1988 (road collisions).
  • The Limitation Act 1980 (sets a 3-year time limit for claims).

What is an amputation injury claim?

An amputation injury claim is a legal process where an injured individual seeks compensation for the physical, emotional, and financial consequences of losing a limb. These claims often involve:

  • Loss of arm, hand, leg, or foot.
  • Partial amputations (e.g., fingers or toes).
  • Amputations caused by trauma or medical mismanagement.

Common causes of amputation injuries

Amputation injuries often arise from:

  • Road traffic accidents – Severe crashes can lead to crush injuries necessitating amputation.
  • Workplace accidents – Especially in construction, agriculture, or manufacturing.
  • Medical negligence – Including failure to treat infections or circulation issues (e.g., sepsis or diabetes complications).
  • Public accidents – e.g., unsafe machinery or poorly maintained premises.

What can you claim for?

Compensation covers more than just the injury itself. A claim may include:

  • General damages – for pain, suffering and loss of amenity.
  • Special damages – covering financial losses such as:
    • Loss of earnings (past and future).
    • Medical expenses.
    • Prosthetics and adaptations (e.g., home adjustments).
    • Psychological support.
    • Care and assistance costs.

How to make an amputation injury claim

  1. Seek immediate medical attention and keep records.
  2. Document the incident – include photos, witness statements, and reports.
  3. Contact a personal injury solicitor experienced in catastrophic injury claims.
  4. Establish liability – your solicitor will help investigate and prove fault.
  5. Obtain expert medical reports to support your claim.
  6. Assess long-term impact – vocational and occupational assessments may be needed.
  7. Negotiate compensation or proceed to court if necessary.

Real-world case study

Our Personal Injury team supported a mechanic who suffered a serious hand injury, requiring a partial amputation of his ring and middle fingers. We helped him make a claim and reach a settlement of £87,000, which reflected the fact that, at the age of just 31, he was partially disabled and may not always be able to work as a mechanic – a job which he very much enjoyed.

Expert insights on compensation for limb loss

According to the Judicial College Guidelines, average awards for amputation injuries can range significantly depending on severity and impact:

Type of Amputation Typical Compensation Range
Above knee amputation of one leg £127,000 – £167,000+
Loss of both arms £290,000 – £360,000+
Total or effective loss of one hand £117,000 – £133,000+
Amputation of index and middle and/or ring finger £75,500 – £110,000+

Benefits and drawbacks of amputation injury claims

Benefits

  • Access to high-level compensation.
  • Support for physical and emotional recovery.
  • Legal accountability for negligent parties.
  • Funding for future care, treatment, and lifestyle adjustments.

Drawbacks

  • Complex legal process and assessments.
  • Longer timelines for catastrophic injury cases.
  • Potential emotional stress during claim.

Time limits for amputation injury claims

In most cases, you must begin a claim within 3 years from the date of injury or when you became aware of the injury’s cause. Exceptions apply for:

  • Children (time limit starts at age 18).
  • Individuals lacking mental capacity.

Future outlook for catastrophic injury law

Legal reforms may introduce further guidance on supporting catastrophic injury claims, including improved funding for rehabilitation. Ongoing updates from the Ministry of Justice may also shape the future of medical negligence and employer liability litigation.

Q&A

What is an amputation injury claim?

An amputation injury claim is a legal case where an individual seeks compensation for the loss of a limb due to someone else’s negligence or error.

How much compensation can I get for limb loss?

Compensation varies based on the limb lost, your age, impact on life, and other factors. Awards for general damages can range from £50,000 to over £300,000 in severe cases.

Do I need a specialist solicitor for amputation claims?

Yes. Due to the complex and life-changing nature of these injuries, it’s essential to use a personal injury solicitor with experience in catastrophic injury cases.

Can I claim for prosthetic and rehabilitation costs?

Absolutely. These are included in special damages and may form a significant part of your claim total.

What if the accident was partly my fault?

Claims can still succeed with any compensation adjusted to reflect the principles of contributory negligence. Your compensation will be reduced proportionately to your level of fault.

Get help with your amputation injury claim

Facing life after a limb loss is daunting, but you don’t have to do it alone. Our experienced Personal Injury Solicitors are here to support your journey to justice and recovery.

If you, or a loved one, have been involved in an accident that has resulted in a serious injury, please get in touch with our personal injury experts to discuss a potential claim. Our specialists have extensive experience in supporting clients and their families affected by serious, life-changing injuries. We also work with, and are panel members of, a number of organisations and charities who provide support to those with such injuries, and also share our aims of providing access to justice and compensation.

More advice is available at NHS – Amputation Overview.

 

This article was produced on the 28th May 2025 for information purposes only and should not be construed or relied upon as specific legal advice.

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