Limb Loss – How To Value Amputation Claims?

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. 

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.