Amputation compensation claims

The process can be a lengthy one, requiring detailed evidence to show the full impact on you and your family. Your injury lawyer will do all the hard work for you, but you may need to meet with specific experts to show what has happened to you. You may also be required to attend court if a settlement cannot be reached through out of court negotiations. Most cases do settle out of court.

Choosing the right lawyer who is a specialist in amputation claims is key to ensuring the process is properly managed. Don’t be afraid to ask them about their experience and past cases they have dealt with. A lawyer who is used to dealing with the insurance companies and defendant solicitors who work in this area will fight on your behalf from day 1, seeking an early admission of liability, ensuring you receive early interim payments to pay for things you need for your rehabilitation, treatment and daily living and progressing your claim to obtain the highest possible award of compensation. Your lawyer will travel to meet with you face to face, regardless of where they are based and will also use video calls, telephone, email and other methods of communication to suit your wishes. We recognise that it is important to have regular communication with you so you feel informed and in control of your case.

The Hugh James Personal Injury Team has been consistently top ranked by independent legal guides for their expertise in this area of law. We offer free consultations, allowing you to ask us any questions you may have, without obligation.

We recommend that you contact a solicitor as soon as possible. This is because personal injury and medical negligence cases are subject to strict time limits.

Commonly, the time limit is three years from the date an incident occurred, or from the date you were diagnosed. The rules can be extremely complex and it will be difficult to know which time limits apply to you until further investigations are made. In some cases, these limits can be extended depending on the circumstances so do not just assume you are out of time. You should still seek legal advice so it can be investigated.

Your free initial appointment with Hugh James will allow us to explore whether your case is within the required time limits or subject to any exceptions.

The time limit for a medical negligence case is three years from the date the treatment took place or the date you were made aware that something had gone wrong. These rules can be extremely complex and varied and an expert lawyer will be able to check which time limit applies to you after some initial investigations. In some cases, time limits can be extended.

If a child suffers negligent care, a claim can be made up until their 21st birthday. Claims relating to children must be made by an adult on their behalf.

If a claim is brought on behalf of someone who does not have mental capacity, the three-year time limit does not apply. If, however, mental capacity is regained, the three-year period will start at this time. This is a complex area and if this applies in your case, we will explain to you what this means and take the necessary steps to protect your position.

We will discuss time limits with you during the initial consultation.

It is important to remember that every case is different and no two people are affected by an amputation in the same way. We will look at compensation for your injury as well as the financial losses that you have now and will face in the future because of the incident. These are known as General Damages and Special Damages.

General Damages

This part of the claim is to compensate you for the injury itself; the pain and suffering that you have gone through and will continue to experience. It also considers what you would have been able to do had it not been for the incident.

So we can accurately assess this part of the claim, we will arrange for medico-legal reports from various leading specialists. They will examine you and have access to your medical records and be able to provide an accurate diagnosis and prognosis within their reports. Once we have this evidence, we will be able to advise you how much we think your claim is going to be worth.

Special Damages

This part of the claim looks at past and future financial losses that have already been incurred or will be incurred as a direct result of the incident which caused your injuries.

Past losses can include:

• private medical treatment and rehabilitation;
• prescription charges/medication;
• the purchase of aids and appliances;
• loss of earnings;
• travel expenses;
• care costs;
• personal belongings and clothing damaged in the accident; and
• housing adaptions.

Future losses can include:

• care
• loss of earnings;
• loss of pension;
• accommodation costs;
• future private medical treatment and rehabilitation;
• aids and appliances.

These lists are not exhaustive. We will consider everyone’s individual and unique circumstances to ensure everything is included.

It is helpful to start keeping a list of things that you have had to pay for as a direct result of the accident. We will need to prove all financial losses and documentary evidence such as wage slips, receipts and invoices will be very important to prove your special damages claim.  It may also be sensible to keep a log or brief diary of problems that you encounter day to day.

Only a small number of personal injury or medical negligence claims will actually proceed to trial, although we prepare every case fully as if it was going to court just in case that is necessary to get you the right result.

The whole process encourages parties to work together and co-operate as much as possible so that any claims for compensation can be settled without the need to go to court, which can save both time and expense.

A lot of people are naturally nervous and uncomfortable about going to court. We understand this and will advise and support you every step of the way, should your case need to go to trial.