Amputation Compensation Claims
How long do I have to make an amputation compensation claim?
Every personal injury claim, needs to be submitted to Court within 3 years to the day of your injury. This is known as the limitation period.
If the accident occurred when you were a child, you have until your 21st birthday. If you are acting as the personal representative of a deceased’s estate, you have 3 years from the date of death. The court does have a discretion to allow claims to proceed out of time in exceptional circumstances.
How much compensation can I claim for an amputation?
The value of any amputation injury depends upon a number of factors:
i) Whether the amputation is above or below the elbow or knee. The loss of a joint increases the level of disability,
ii) The success of any prosthetics,
iii) Dominant arm,
iv) The severity of any phantom pain or problems with a stump,
v) Any side effects,
vi) Associated psychological problems,
vii) The risk of future degenerative changes elsewhere, including osteoarthritis,
viii) Loss of amenity such as a loss of ability to engage in particular sports,
ix) The claimant’s age,
x) The effect on work, domestic and social life.
Amputation injuries usually warrant awards in excess of £100,000 up to £400,000 in respect of pain and suffering alone. In addition to this, you can claim for other financial losses arising from the injury such as lost earnings, care and assistance, treatment costs etc.
How much does an amputation claim cost?
Amputation claims are likely to be valued above £100,000. Therefore, fixed costs do not apply. However, the paying party, will only pay costs that are reasonable and proportionate. If the parties cannot agree, the court will assess the level of costs to be paid.
Amputation claims will usually be funded under a Conditional Fee Agreement, commonly known as a ‘no win, no fee’. If the claim succeeds, the claimant will be liable to pay a success fee. The success fee can be no more than 25% of their compensation. There may also be an After-The-Event insurance premium that the claimant will also pay out of their compensation at the end. If the claim fails, the claimant will usually pay nothing.
Who can make an amputation compensation claim?
Anyone who has suffered an amputation injury as a result of negligence can make an amputation compensation claim. Litigation friends can assist children or protected parties to bring a claim and personal representatives can bring a claim on behalf of a deceased’s estate.
- Litigation friends can be family members or friends who make decisions in the best interests of the child or protected party.
- Protected parties are adults who lack mental capacity to manage their own court cases.
- A personal representative is the person or people legally entitled to administer the estate of a person who has died.
How long does an amputation claim take?
Amputation claims can take up to 2 years to resolve and may take longer depending on court timetables and the action that is required.
How to make an amputation claim?
To be successful in a negligence claim, you will have to:
i) Identify the correct Defendant,
ii) Prove that the Defendant owed you a duty of care,
iii) Prove that the Defendant breached their duty of care towards you,
iv) Prove that the breach of duty caused your amputation injury.
There is a process and timetable the parties are expected to follow for the exchange of relevant information in order to resolve their dispute amicably. However, if the dispute cannot be resolved amicably, court proceedings may be necessary.