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Limb Loss – How To Value Amputation Claims?

Opinion
October 10, 2023

As a practicing solicitor who deals with serious injuries I know that that effect of the loss of a limb is incalculable.

The law has developed to create a system to try and put the injured person in the position they would have been had the limb loss never happened.

In this way the amputee is compensated not only for the loss of limb but also for the losses that arise as a result, such as: prosthetics, rehabilitation costs, home and car adaptions, loss of earnings/ pension, the list is a long one.

Traumatic/ Surgical

The most common cause of amputation is from a crush injury. That crush can be caused by many different circumstances, a serious Road Traffic Collison or an accident at work being two of the most common resulting in life changing injuries.

Types of amputation

Medics distinguish between a traumatic amputation and non-traumatic (or surgical). To the lay person there may not seem to be any difference.

  • Traumatic amputation: refers to the way in which the limb has been lost, usually in a sudden, unexpected and violent event. This could be a road traffic collision or a workplace accident.
  • Surgical amputation: occurs when someone has suffered a crush and the medical professionals cannot save the limb often due to the blood flow having been interrupted to the limb or ceased. Surgical amputation may not happen immediately and the injured person may undergo numerous operations to try and save the limb.

Rehabilitation

After some time in hospital following the amputation it’s likely that the next stage will be time on a specialist rehabilitation ward.

Then, after a significant period of rehabilitation then you will be offered artificial limbs or prosthesis. Those provided on the NHS are basic.

Artificial limbs/ Prosthetics

Your serious injury solicitor can really help in terms of liaising with the insurers of the person or company responsible for your accident and limb loss and put in place an early and essential rehabilitation package.

This is key to getting the best possible artificial limbs together with psychological counselling to deal with the life changing effects of your loss.

A major part of the claim for compensation will be for the cost of providing artificial limbs for life and their maintenance and replacement.

Depending upon the lifestyle of the amputee before the accident many different prostheses are likely to be needed, for example one for swimming / running, skiing etc.

Each artificial limb is a bespoke product this means that it will take time to construct and fit. The post operation fitting procedure is lengthy but is equally essential to ensure the correct fit of the artificial limb and to put the injured person in the best position possible to start rebuilding your life.

Artificial Limbs/ Prosthetics

Your personal injury solicitor will advise you on the other items that can be claimed some of which have already been mentioned. A major part of the claim for compensation will be for the cost of providing artificial limbs for life and their maintenance and replacement.

Depending upon the lifestyle of the amputee before the accident many different prostheses are likely to be needed, for example one for swimming / running, skiing etc.

There are many different artificial limbs available to suit each individual, the type of amputation and lifestyle.

Each artificial limb is a bespoke product this means that it will take time to construct and fit. The post operation fitting procedure is lengthy but is essential to ensure the correct fit of the artificial limb and to put the injured person in the best position possible to start rebuilding your life.

Support

I have mentioned briefly the psychological effect of losing a limb. While compensation can never replace a limb, using the services of an experienced serious injury solicitor will increase your chances of being properly compensated for all you have lost.

Suffering an amputation requires a high level of support from those around you – there are many charities who can assist and provide support and guidance.

http://www.limbless-association.org/

If you have suffered a life changing injury such as a limb amputation and you are pursuing a personal injury claim speak to our Personal Injury Solicitors, you can call me on 0808 291 1437 or request a call back. 

London Legal Podcast - Anne Sanders & Limbloss Association

 

 

 

 

 

 

 

 

Click here to listen to our podcast where Anne Sanders speaks to Deborah Bent, Chief Executive and David Rose, Chair of Trustees of the Limbless Association.

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We know that serious and complex injuries can lead to injuries that can change lives. Our specialist team can help and guide you through the process of making a claim and take away some worries from what is already a difficult time in your life.

Slips & Trips Claims

At Hodge Jones & Allen, our experienced and knowledgeable personal injury lawyers are here to help. Whether the slip or trip was an accident at work, in a shop or on the pavement, we have the expertise to help you get the compensation you’re entitled to.

Spinal Injury Claims

We understand the impact a spinal injury will have on almost every aspect of day-to day-life, from additional care, support, aids, equipment and accommodation. We will assist and support an injured person in adapting to the changes and challenges faced.

Sports Injury Claims

If you’ve suffered a sports-related injury within the last three years due to an incident that could have been prevented, you may be eligible to claim for financial compensation. Our expert personal injury lawyers can help you.

Whiplash Claims
Can I Claim For An Accident After 3 Years?

There are exceptions when the three-year limit does not apply in specific circumstances. Our personal injury experts will be able to guide you.

How Much Is My Claim Worth?

At Hodge Jones & Allen, we know that receiving damages after making a compensation claim won’t change what happened, but it can help you to move forward. It can relieve some financial pressures that you may be facing after your accident and give you the monetary reward you’re entitled to.

Personal Injury Compensation Calculator

Try our interactive personal injury compensation calculator to see how compensation much you may be able to claim for your injury.

Boundary Disputes

We understand that the boundary of your property is important, and it should be protected. If someone is intruding on your land, you should act quickly. Our expert team will help provide the legal advice and protection that you need.

Japanese Knotweed Disputes

If your property has been affected by Japanese knotweed our specialist property dispute solicitors can assist you if you need to make a legal claim against your neighbour.

Jointly Owned Property

Disputes can be distressing, especially if you’re close to the other party. Our dedicated legal team will support you to work towards all parties receiving the best possible outcome.

Leasehold Disputes

Leasehold legal disputes can often be stressful to deal with. Our leasehold dispute team will help bring about resolution as quickly as possible.

Nuisance & Negligence

Disputes with your neighbours are often distressing. You’ll want to resolve your issues as smoothly as possible and our team will help defuse the situation, and deal with the nuisance on your behalf.

Planning Appeals

We know that when your planning permission has been rejected this can feel extremely frustrating. Our specialist property lawyers will advise you on your rights and on how best to challenge decisions.

Residential Property Possession Proceedings

It can be very confusing, as a landlord, knowing when and how you can take back the possession of your property, which you’ve been renting out. Our team are experienced in guiding you through this process, and ensuring you’re protected in the future.

Restrictive Covenants on Your Land

When you’ve purchased land, and there are restrictions on the use of it, our property law experts will help negotiate a release or make amendments to the agreement. We understand this can seem complicated, that’s why we’ll be there to advise you every step of the way.

Claims and Injuries

Whatever you're dealing with, our team is on hand 24/7 to find a solution that works for you and your personal needs.

Asbestos & Mesothelioma Compensation

We understand about exposure to asbestos and potential life-long hazards it can present. We can help with your legal claim and make a difference to your life.

Dispute Mediation Services

Our team of trained mediators and collaborative lawyers are available to help you. Mediation is a way of sorting out differences and disputes that have arisen from a commercial relationship or personal situation.

Financial Crime & Regulatory

We fight for fairness for those who may be dealing with allegations of a financial crime, covering everything from fraud to tax investigations.

General Crime

If you have been arrested, it’s important you get the legal help and representation you need at the police station and during the different legal stages that may follow.

Housing Help

You're never alone when handling housing disputes. Our team of experts are on hand to guide you through a range of housing-related claims and issues, from antisocial behaviour to homelessness.

Housing Disrepair

Everyone deserves to live in a safe home. If your landlord has failed to tackle issues such as damp, mould, leaks or structural issues, our team of housing experts are here to help.

Medical Negligence

If you have been a victim of medical negligence, we can help you get answers, gain any further care, treatment and rehabilitation needed and help you fight for the compensation you deserve.

Military Hearing Loss Claims and Compensation

If you've served in the military (or are currently serving) and are facing hearing loss challenges, our team of experienced military injury solicitors are dedicated to assisting you in obtaining compensation for Noise-Induced Hearing Loss.

Personal Injury

If you need help claiming for an injury, accident or illness we're here to get you back on track and provide guidance during this stressful time.

Residential Property Disputes

Get in touch with our team of property lawyers who'll fight your corner on everything from boundary disputes to leasehold issues, ensuring an agreement is made that works for you.

HJA Financial Management Services

A new complementary financial service offered by Hodge Jones & Allen.