How much compensation for losing a limb?
If you have suffered from an amputation due to an accident or medical negligence, you could be entitled to claim amputation compensation.
Any personal injury claim can be stressful with a huge impact on your day-to-day life, but suffering from a loss of a limb that you once had can be even more traumatising. The physical injuries can result in psychological impacts because you will not be able to do as many activities as you used to.
The information below should provide you with details of how to receive legal advice based on how you sustained your injury and your circumstance.
What causes injuries to make amputation necessary?
Although amputation injuries can happen due to many types of accidents, they often occur in road traffic accidents or accidents at work where dangerous machinery had not been maintained.
The most common types of accidents include:
· Road traffic accidents: Car accidents, pedestrian and cyclist accidents can lead to limb removal injuries, and the driver’s motor insurance company should have the capacity to pay for your damages.
· Accidents at work: Your employer has a duty of care to ensure you are provided with correct training and protection measures are in place to protect employees against work accidents in construction, warehouses, or factories. If you have suffered a limb amputation because of dangerous heavy machinery or surgery is required, your compensation claim will be made against your employer’s liability insurance.
· Sports accidents: Many accidents that occur at sporting events lead to severe injuries involving an inappropriate tackle, faulty equipment, or badly maintained fields or courts; this means the sports accident was not your fault, and you should claim for compensation.
· Slips, trips, and falls: Although this is very common, many falling accidents in public places have severe consequences and can lead to the loss of limbs. In most cases, it could have been avoided if the safety procedures and regulations had been followed. The public liability insurer of the council, business, or landlord is legally deemed responsible for paying your compensation.
· Laboratory Accidents: Chemical spills on the skin are the most common type of accidents in a lab, and this can be extremely hazardous, which can lead to amputation. It may cause a skin reaction inside your limbs, and there may not be any other option than to remove the limb.
· Medical Accidents: Following an operation, you may get an infection that could spread in your limbs, leading to an amputation injury under medical negligence.
Medical negligence can also, unfortunately, be another factor of losing limbs, causing your condition to worsen or even the wrong limb being accidentally amputated. If a doctor or medical staff fails to diagnose and treat a condition correctly in the right time frame; you may have to undergo an amputation.
Wildwood Legal can help you make a medical negligence claim caused by surgical errors or negligence. Our personal injury solicitors can support you when pursuing a claim.
What are the types of amputation?
There are two different types of amputation that can occur:
Traumatic amputation is where a limb is amputated during an accident
Surgical amputation where a surgeon decides to amputate because it cannot be treated or saved
Types of amputations include the following:
· Amputation of both legs/arms below the knee or elbow
· Amputation of one leg/arm below the knee or elbow
· Amputation of both legs/arms above the knee or elbow
· Amputation of one leg/arm above the knee or elbow
· Amputation of both feet/hands
· Amputation of one foot/hand
· Amputation of a finger, thumb, or toe
How much compensation for losing a limb?
We understand the detrimental difference a loss of a limb can make to your life, especially since you may not be able to work for a long period after the injury and the adaptations you must make to your home.
We are also aware of how expensive medical costs, physiotherapy, and counselling can be, and this is the main reason you should apply for compensation. We do not want you to feel alone, and that is why we try to help you throughout the claims process.
Each amputation compensation claims are unique, so it is difficult to determine how much your claim might be worth when you first get in touch. A loss of limb settlement depends on the severity of the injury, the length of your recovery, and the circumstances of the accident.
For instance, a small finger or hand amputation would receive less compared to a more severe whole arm or leg amputation, which will have much more of an effect on someone’s daily life.
There are, however, estimate compensation amounts provided by the Ministry of Justice known as The Judicial College Guidelines. Although this does not provide an exact figure of the compensation you can receive, it gives personal injury lawyers an estimated figure for how much you could get if your claim is successful.
According to compensation calculators, an arm amputation should be valued between £76,650 – £239,140. This is due to phantom limb pain or neuropathic pain victims may experience following the body part that was removed. The area could become infected and require ongoing medical attention.
Apart from the obvious physical pain, there are also psychological issues to deal with as it could drastically damage your body image and self-esteem, resulting in depression and anxiety.
In the most severe amputation claims where both legs have been lost, you could be awarded in excess of £2 million.
Once all required medical evidence has been obtained, we can then discuss the valuation of your injuries before settling with the defendant, which is usually paid by the insurance company, so no one is left with unaffordable fees.
Compensation calculations found online can be used to find an appropriate and possibly potential settlement.
It is usually awarded in two categories, general and special damages.
General damages refer to the amount you will receive because of your physical pain, suffering, and loss of activities you once enjoyed. This figure is based on the type of injuries you sustained, the recovery time, as well as the impact it will continue to have on your future.
Special damages include any additional financial losses you sustained as a direct result of your accident, including the following:
· Loss of earnings and any future earnings
· Travel costs to and from medical appointments
· Parking costs at medical appointments
· Costs of any care you may have needed (including care received by family members who may have had to work reduced hours to care for you)
· Rehabilitation and medical expenses required because of the accident
· Costs of support following the accident and, in the future, e.g., crutches, frames, prosthetic limbs, wheelchairs, physiotherapy etc
· Any alterations and modifications required to your home or vehicle or the cost of moving to an accessible home
The final sum will consist of both general and special damages compensation award. You may also be eligible to receive an interim payment to cover the immediate costs of your injury.
How can Wildwood Legal help?
At Wildwood Legal, we know that the consequences of losing a limb can be devastating. If you have suffered from this, you need to seek legal advice – That’s where we come in.
We see all too often the significant effect that amputations can have on people’s lives. We can help on the financial side to get you on the road to recovery and help you to maximise the amount of compensation you receive.
We are experienced in helping you with any accident claims that you may want to make. We aim to give you not only quality aid but flexibility and clarity as we know that these qualities are just as important.
Our law firm is authorised and regulated by the Solicitors Regulation Authority; therefore, we provide everything that is needed to meet their high standards meaning that we are a trusted law firm. We offer services to individuals located in England and Wales.
Our ultimate aim is to obtain a great outcome for your case and for you to feel able to recommend us to others at the end of your claim.
We value the opinion of our clients, and we will always listen to you and take on board what you say.
If you’ve suffered as a result of medical negligence, get in touch with us, and we can help you start your claim– we’re only a phone call away. To make an enquiry, get in contact with us either email us info@winstonsolicitors.co.uk or please call us 0113 320 5000
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