What is the process for making an amputation claim?
Our solicitors are specialists in dealing with serious injury claims and have a great deal of experience in assisting clients with amputation compensation claims. We recognise that every case is different and will work out what is best for you in terms of your case and your rehabilitation, based on the particular circumstances of your case.
Initially, we will try to secure an admission of liability from the person or company responsible for your accident. If we are able to do this, we should also be able to secure funds from them to commence your rehabilitation at a very early stage. Even if liability for your accident is disputed by those responsible, if we believe that you have good prospects of establishing fault on their part at court, we will proceed to obtain the necessary medical evidence regardless of their position.
Once the necessary evidence has been obtained, which can take some considerable time in a case involving an amputation as there are likely to be numerous reports required, we will begin assessing the value of your claim and try to negotiate a settlement on your behalf. Court proceedings can be commenced if the opponent refuses to settle the case but most cases can be settled without the need to proceed all the way to a trial.
Whilst your case is ongoing, we can assist you with trying to secure interim payments to assist you financially whilst you are out of work and can also assist you with other matters such as securing the benefits that you may be entitled to. We have other departments who may be able to assist you, such as our employment team if you face any issues with your employer or our probate team, who can assist you in setting up a trust to ensure that you can continue to receive your benefits even after you have received your compensation.
What are the time limits for making an amputation accident compensation claim?
In the vast majority of personal injury cases a strict time limit is enforced. The majority of amputation claims must be brought within three years of the accident, except for certain circumstances where time limits may be different, such as accidents on an aeroplane or a ship. In cases involving minors, the three year period will not begin until their eighteenth birthday and in cases involving a person being treated under the Mental Health Act 1983, the period will not begin until they are discharged or regain capacity to conduct the claim. Three years might seem like a long time, but it is important to seek expert legal advice as soon as possible following an accident resulting in amputation.
If you have undergone an amputation, whether as a direct result of an accident or if an amputation has become necessary in the course of your medical treatment, we can assist you in securing the rehabilitation that you need to regain your quality of life. We work with rehabilitation, occupational therapy and prosthetics experts who can help you to adapt your lifestyle and potentially replace your lost limb with a prosthetic limb. Our experts have access to the most revolutionary and advanced prosthetics and treatments.
Following an amputation, you may find that you experience unexpected symptoms, such as phantom limb pain and infections, as well as difficulties with your mobility and daily activities. We can put you into contact with a rehabilitation case manager who can help you to arrange adaptations to your property, obtain specialist equipment, arrange care and assistance for you, assist you in returning to a job that you enjoy and help you to access psychological therapy, physiotherapy and prosthetics services.
We work closely with the Limbless Association who may also be able to provide support to you following your amputation, including introducing you to other amputees who can share their experiences with you. We are proud to support this charity who work tirelessly to support amputees and ensure that they do not have to cope alone with such a life-changing injury. We also have links with the Disabled Motoring charity, who may be able to assist you in returning to driving following your amputation, which can be a huge step in regaining some independence.