Claiming For A Personal Injury Following An Amputation

Claiming For A Personal Injury Following An Amputation

Amputations fall under the category of catastrophic personal injury. However, if you have been involved in an accident that has caused an amputation, it is essential to note that you can recover and lead a rich, fulfilling life. Claiming compensation for a catastrophic injury plays a big part in this as it will ensure you have the funds available to get the best treatment possible. Your Personal Injury Solicitor will also work with the other side’s insurers to agree on a comprehensive and bespoke rehabilitation plan.

What is an amputation?

An amputation is the surgical removal of part of the body, such as a leg, finger, or arm. It is one of the oldest surgical procedures in history, and human beings are remarkably adept at surviving and thriving following the loss of a limb or extremity.

It is not only accidents or war injuries that can result in amputations; bacterial and viral infections such as meningitis can result in a limb being lost, as can complications from diabetes.

What happens during amputation surgery?

In some cases, an amputation must be carried out immediately to save the patient’s life. If this is not necessary, your doctors will conduct a complete medical assessment and decide where on the limb to perform the amputation. If part of your arm or leg is being removed, you will also be seen by a prosthetic limb specialist. In addition, a mental health professional is likely to speak to you about the impact of living without all or part of a limb and out together a post-op support plan if required.

How is an amputation carried out?

Amputations are conducted under a general anaesthetic or epidural (which will numb the lower part of your body). Your surgeon will discuss which is the best option for you. Once the limb or part of the limb has been removed, the surgeon will shorten and smooth the bone and ensure the stump is covered with enough tissue and muscle. All this will be done per the prosthetic limb specialist’s recommendations.

After surgery, you will remain in hospital for a few days. A catheter may be inserted so you do not need to get to the toilet. The end of the limb will be painful; however, painkillers will be given to ensure you are comfortable.

Can I claim compensation if I suffer an amputation due to a personal injury?

If you can prove on the balance of probabilities the accident that resulted in your limb being amputated was caused by negligence, you may be able to claim compensation. To establish negligence, you, as the Claimant, must show that:

  • The Defendant owed you a duty of care,
  • They breached this duty, and
  • The breach resulted in you suffering damage.

Although this may seem relatively straightforward on the surface, complications can arise when establishing whether or not the damage suffered by the Claimant was foreseeable and/or whether the Defendant breached their duty. To build your compensation case, your Solicitor will examine your medical records the scene of the accident and call on expert witnesses to provide an opinion on matters such as how the injury was caused and your long-term prognosis.

How can a Personal Injury Solicitor help with rehabilitation?

Under the Rehabilitation Code 2015, your Solicitor will work with the Defendant’s insurer to try and get an early admission of liability and make interim payments so you can access best-in-class rehabilitation to aid your recovery. A Case Manager with a medical or occupational health background, will be appointed. They will conduct an Immediate Needs Assessment (INA) which provides a framework for the rehabilitation team regarding your physical, mental, and occupational rehabilitation requirements.

How can I pay for a personal injury compensation claim?

Most experienced Personal Injury Solicitors work on a ‘no win, no fee’ basis. If you lose your case, you will not have to pay any legal fees (although you will be charged for disbursements). Your Solicitor can also arrange for After the Event insurance which safeguards you from having to pay the other side’s costs if your claim is unsuccessful.

In summary

Complex amputation personal injury claims require the talent and experience of a compassionate and determined solicitor. They should give you confidence that they will not give up until they get you the rehabilitation and compensation you and your family need to move forward. Although these types of personal injury claims can be long, an experienced Personal Injury Solicitor will take care of every aspect of your case, as well as organise a rehabilitation care plan so that you can focus on your recovery.

Our team has decades of combined experience in successfully advising and representing clients in amputation personal injury cases. We are sympathetic and understanding and are here to help you every step of the way.

Contact us today to discuss your claim.


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