If a limb has to be removed it can be a devastating experience. The only thing that could make the situation worse is that the need for amputation occurs due to the negligence of someone else. As an example, you could be injured in a traffic collision or a workplace accident or as a result of medical negligence. All due to no negligence that is yours. In addition, if you’ve suffered an amputation due to someone other than yourself, you could be able to file an appeal for compensation.
We can help you if you’re contemplating launching an Amputation claim. Our expert advisors will review your claim and provide assistance on a non-obligation basis. If the claim seems to be feasible and feasible, it can be sent an one of our personal injury lawyers. To make the claims for amputation procedure more manageable, they’ll be working on a no-win, no-fee fee basis when your case is accepted for consideration. This means that you won’t have to pay for their services unless you are compensated.
For more information about the process of claiming an amputation you can read more here. If not, contact us immediately If you’re ready to begin your claim now.
What is An Amputation?
Amputation is taking off a leg because of injuries, diseases or surgical intervention. When we speak of the limb amputation claim which refer to those in which an arm or hand, finger, foot or toe has been surgically removed.
There are two kinds of amputations that can happen:
Traumatic Amputation. In which a limb is removed due to an accident.
Amputation surgical. When a surgeon removes the limb due to inability to be saved or treated.
In addition to being physically affected by Amputations may be a psychological trauma as well. Whatever the cause, if the accident or incident which caused your injury was not your fault, then you might be able to seek damages.
No matter the reason for the amputation, a lawyer must verify the following things before they decide whether to take your compensation claim. So, when your case is examined, the following things will be scrutinized:
Did you have an obligation of care by the defendant?
Did they show a lack of care toward you?
Because of this carelessness, it resulted in the amputation of your leg.
If you’re able to reply Yes to all three questions there is a chance you have a valid reason to assert. Let’s look at ways to gather evidence to prove your claim.
Evidence to support an Amputation Claim
If the amputation you are seeking stems from accidents, it is possible that you may be able to offer evidence to support the claim for compensation, like:
Medical documents. These are always an excellent starting point for any compensation claim for amputation. The records can be obtained from the hospital where you received treatment.
Photos of the accident scene. It’s much simpler to describe what occurred by taking photos. Ideally, the photos or videos will show the root causes of the accident which resulted in the amputation. The pictures should be taken as quickly as is possible.
Accident reports. If the accident occurred at workplace or in a public area or on a business’s premises the accident report form must be completed. It can be used to verify the date, place and the time for the event.
Witness details. In the beginning an attorney for personal injuries will inquire about the defendant’s willingness to admit liability. they are willing to accept responsibility for the Amputation injury. If not then witnesses can be asked for a detailed account of what they witnessed happen.
CCTV or dashcam recordings. If the incident was recorded on camera, you are entitled to the right to request from the owner to provide an exact copy. The footage you provide can be the exact details of what happened. Make sure to act swiftly, but remember that footage can be cleaned up within a matter of days or even weeks.
If you are submitting a claim for amputation The above-mentioned items will increase your odds of proving that the accident occurred Our solicitors are able to assist you in obtaining the necessary evidence.
What Compensation Can I Receive for an Amputation?
Amputation compensation isn’t a good idea. It does not mean that you demand an amount in one lump sum from the defendant. Any claim requires evidence and is just. In calculating the compensation for amputation claims solicitors divide it into two parts:
General damages. It will take care of the suffering and pain the amputation caused you. This is particularly important because it covers mental suffering, as well as physical discomfort. To determine the severity the injuries you sustained, it is recommended that you be required to have them evaluated through an impartial medical professional.
Special damages. Amputations can lead to financial difficulties as well. It is therefore important that to include them in your claim. For instance, claims can include loss of income, medical expenses for private as well as travel and medical expenses, vehicle and home modifications.
Scenarios that could result in Amputation Claims
The most common mistakes that could lead to an amputation claim are:
Fingers have been cut due to machinery at work during a factory accident, because the safety guard was taken away.
When a motorcyclist has to lose one leg due to being struck by a vehicle which was not able to recognize the cyclist when they were pulling out of an intersection.
Toes are removed after a piece of equipment falls in a building site accident and the worker did not receive shoes that were protected from their employers.
If a doctor is unable to identify diabetes properly, the patient suffers from a lack of circulation to their foot and needs an amputation.
A child may lose fingers after being caught by equipment that is damaged in an accident at an elementary playground.
As you’re able to imagine there are a myriad of reasons that compensation claims for amputation may be needed. Don’t fret even if we haven’t included an identical scenario to yours in the above. If you’d like us to determine whether you’re eligible to file a claim, contact us today for advice.
Amputations Following an Accident at Work
In accordance with the provisions under The Health and Safety at Work Act 1974, employers are required to fulfill an obligation to take care of their employees and are responsible for putting the appropriate precautions into place in order to guarantee the workplace is secure for all employees employed by them. This means the equipment used is maintained, employees are given comprehensive training and supervision in the safe and proper operation of machinery and safety guards are put in place where needed to safeguard workers from any injuries at work.
If your employer did not comply with all of the health and safety rules that are required by the Act and you were injured and required to undergo surgery for Amputation, you could be able to make an appeal to recover the compensation you deserve.
Medical Negligence Is A Cause for Amputation
Surgery is often the only option when there is a lot of nerve damage in someone with diabetes or the bones of a limb are affected by cancerous cells. In both instances, amputations are considered to be a lifesaving option.
If you have had an limb removed for medical reasons, it in itself isn’t a reason to seek compensation. But, there are some situations in which you could be eligible for compensation.
When illnesses such as cancer or diabetes are detected and treated in the early stage, any further complications due to these ailments can be avoided. Inability to recognize these diseases early can lead to the disease progressing which may require the removal of an organ or body part.
If you didn’t receive the proper treatment due to an error in diagnosis or delayed diagnosis, and you were forced to undergo surgery to remove your limb due to this then the doctor may be found to have been negligent. In this situation you could be legally competent to claim compensation for the harm delayed treatment caused.
There are time limits for claiming amputation Compensation
The personal injury claim deadline is three years. In the case of amputation claims, this will usually begin from the date of the incident that caused the injuries. A possible exception is when it comes to claims for amputations involving children. In this situation the litigation partner could be able to claim on behalf of a child anytime before the age of 18. If this isn’t the case then they’d have three years to file claims starting with the date of their 18th birthday.
We recommend that you start your claim as soon as you can. If you do this, you’ll allow your lawyer plenty of time to gather the evidence needed to support your claim. If you’re able to get an individual rehabilitation program or prosthetic leg more effective than the ones offered by the NHS the solicitor can seek an interim payment by the defendant to cover the cost of the procedure.
If you’d like to discuss the length of time you are entitled to claim, or if you have concerns about claims for amputation contact us. You’re not obliged to take action, however your case will be evaluated and you’ll get no-cost legal advice about the options available to you.
Should I use a Solicitor In a Claim for Amputation?
Typically, any compensation claim is likely to end up in the hands by an insurer. If that occurs then the insurance company will only pay out if it’s clear that the client was accountable for both the incident and the injuries you sustained. If neither of these can be proven, you may receive a lesser settlement or no payment even if you do.
We believe that the most effective method of obtaining the right amount of compensation in the event of an amputation is to get an attorney for personal injuries to your side. If you are successful in securing your claim Our solicitors will ensure that they are aware of the impact your injuries have had on your life.
They’ll collate evidence to back up your claim. They’ll also handle all communications with the insurance company on your behalf. If any objections are that are raised, they’ll stand in your side and present additional evidence when required. If the insurer offers settlement it can be examined to make sure it accurately reflects the suffering you’ve suffered.
