Amputation claims: compensation, rehabilitation and long-term support

What can amputation compensation cover?

A compensation claim should consider the full impact of an amputation, including both the injury itself and the financial consequences it has caused or is expected to cause in the future.

Depending on the individual circumstances, compensation may include:

• Pain, suffering and loss of amenity: General damages compensate for the physical and psychological impact of the injury and the effect it has had on someone's quality of life. This can include factors such as pain, phantom limb symptoms, changes to mobility and independence and the effect the amputation has had on activities, hobbies and other aspects of everyday life.
• Prosthetics and specialist equipment: Prosthetic needs can change throughout someone’s life, depending on factors such as their level of amputation, mobility, lifestyle and the activities they want to return to. Prosthetic limbs may be available through the NHS, with the type provided based on individual clinical needs and eligibility criteria. However, in a compensation claim, expert evidence may identify additional or more advanced privately funded prosthetics that could improve someone’s mobility, independence or quality of life. Advanced prosthetic technology can cost tens of thousands of pounds, with some specialist components costing more than £50,000. Where appropriate, a claim can consider not only the initial cost of suitable prosthetics, but also the cost of fitting, maintenance, repairs and replacement throughout someone’s lifetime, alongside other specialist equipment they may reasonably need.
• Rehabilitation and treatment: Rehabilitation following an amputation can involve a range of professionals and therapies depending on someone's individual needs. Compensation may include the cost of physiotherapy, occupational therapy, psychological support, pain management and other specialist treatment or rehabilitation where these are reasonably required as a result of the injury.
• Care and support: An amputation can affect someone's ability to carry out everyday activities independently. A claim may therefore include the cost of professional care and assistance where this is needed. Care provided by family members or friends can also be considered, even where they have provided that support without payment.
• Loss of earnings and pension: If an amputation prevents someone from working, reduces the hours they can work or affects their future career, compensation may include past and future loss of earnings. Where appropriate, a claim can also consider loss of pension and the impact the injury may have on someone's future earning capacity.
• Accommodation and adaptations: Someone's existing home may no longer meet their needs following an amputation. Depending on the circumstances, compensation may take account of reasonable adaptations, such as changes to entrances, bathrooms or other living areas. In some cases, where adapting the existing property is not suitable, the additional costs associated with more appropriate accommodation may also need to be considered.
• Travel and vehicle needs: An amputation can affect how someone travels independently. A claim may therefore consider reasonable additional travel costs, vehicle adaptations or other mobility needs resulting from the injury.
• Other financial losses: Other reasonable expenses caused by the injury can also form part of a claim. These might include the cost of travelling to medical appointments, and other expenses that would not have been incurred had the injury not happened.

Rehabilitation after an amputation

Recovery following an amputation can begin long before a compensation claim is settled. Where possible, we’ll consider rehabilitation needs from an early stage rather than waiting until the legal process has concluded. This means that we may be able to seek interim payments, which are payments made in advance of the final compensation award and can help fund rehabilitation, prosthetics, care, specialist equipment or other immediate needs whilst the claim continues.

In personal injury cases, the Rehabilitation Code 2015 encourages parties and their representatives to consider rehabilitation needs at the earliest practical stage. This can involve assessing what support could help someone with their recovery and return to independence, without rehabilitation being dependent on an admission of liability.

For someone who has experienced an amputation, their needs are likely to change over time. Early priorities may include managing pain, preparing for and learning to use a prosthesis and adapting to everyday activities. Longer-term support may focus on mobility, returning to work or education, driving, independent living and adjusting emotionally to the changes caused by the amputation.

Making an amputation compensation claim

An amputation claim requires a detailed understanding of both what caused the injury and how it is likely to affect someone's life in the future.

If we're able to take a claim forward, we'll investigate what happened and gather the evidence needed to establish liability and understand the full impact of the amputation.

For serious injury amputation claims, evidence needed will depend on the circumstances that led to the amputation. For example, following an accident at work, we may look at accident reports, risk assessments, training records and witness evidence, whilst a medical negligence claim may involve reviewing medical records and obtaining independent expert evidence about the treatment and care provided. In either case, we’ll also consider the long-term impact of the amputation and how someone’s needs may change in the future.

This evidence can help us assess not only compensation for the injury itself, but the financial support that may be required throughout someone's life.

What happens if responsibility is disputed?

The person or organisation considered responsible for the injury, or usually their insurer or legal representative, will have an opportunity to respond to the claim.

They may admit liability in full, admit responsibility for part of what happened or dispute the claim.

If liability is disputed, we'll consider their response alongside the available evidence and continue building the case where we believe there are grounds to do so.

Most personal injury claims are settled without going to trial. If an agreement cannot be reached, it may be necessary to start court proceedings to progress the claim. This doesn’t necessarily mean the case will go to trial, as both parties can continue negotiating and may reach a settlement at any point before then.

How we may be able to help others 

If someone has experienced an amputation following a serious accident, such as a road traffic collision or accident at work, or because of medical negligence, they may be able to make a compensation claim.

Our serious injury and medical negligence teams have experience supporting people following an amputation and understanding the long-term impact it can have.

We offer a free, no-obligation claims assessment to understand what happened and explain how we may be able to help. No Win, No Fee funding may also be available, subject to the circumstances of the claim.

Call us today on  0800 260 5010 or request a callback  to find out how we may be able to help.