Losing a limb is one of the most life-changing injuries a person can experience. An amputation claim is about far more than the injury itself: it is about funding a lifetime of prosthetics, care, adaptation and lost earnings. Bird & Co’s specialist personal injury team, led by James Ilic, acts for people who have lost a limb in an accident or through negligent care, working on a no win, no fee basis to secure the compensation needed to rebuild life after limb loss.
We offer a free initial consultation by phone, video or home visit. Speak to us today on 01476 591711, or send an enquiry through our online form and we will call you back.
What is an amputation claim?
An amputation claim is a personal injury claim for compensation following the loss of all or part of a limb caused by someone else’s negligence or breach of duty. Amputation is a recognised sub-type of catastrophic injury, and these claims are valued among the highest in personal injury law because the consequences last for life.
There are two routes to a claim. Traumatic amputation is where the limb is severed in the accident itself, for example a hand drawn into unguarded machinery. Surgical amputation is where the limb is initially saved but later removed by surgeons because of the damage done, or because negligent care allowed a treatable condition to deteriorate.
What are the different levels and types of amputation?
Amputations are described by the limb affected and the level at which it is removed. The level has a direct effect on prosthetic needs, mobility and the value of the claim: the higher the amputation, the greater the long-term impact.
| Limb | Levels of amputation |
|---|---|
| Upper limb | Finger or thumb; partial hand; wrist disarticulation; below-elbow (transradial); above-elbow (transhumeral); shoulder disarticulation |
| Lower limb | Toe; partial foot (including transmetatarsal); below-knee (transtibial); above-knee (transfemoral); hip disarticulation |
Lower-limb amputations are the most common and affect mobility and the ability to drive or work. Upper-limb and multiple-limb amputations often have a greater effect on independence and earning capacity. Even a finger or toe amputation can be disabling for someone whose work depends on grip, balance or dexterity, and is fully compensable.
What causes amputation claims?
Most amputation claims arise from either a traumatic accident or negligent medical care. Bird & Co handle accident-related claims directly and can point you towards the right specialist for negligence-related cases.
Traumatic and accident-related amputations
- Workplace machinery. Limbs caught in unguarded or poorly maintained machines, presses, saws, conveyors or farm equipment. Employers must guard dangerous machinery under the Provision and Use of Work Equipment Regulations 1998 (PUWER), and a failure to do so often forms the basis of an accident at work claim.
- Road traffic collisions. High-energy car, motorcycle, cycling and pedestrian crashes, particularly crush injuries to the legs and feet.
- Crush and trapping injuries. Heavy loads, vehicles or collapsing structures.
- Agricultural and industrial accidents. Machinery, livestock and heavy plant.
Medical negligence amputations
Medical negligence amputations arise where negligent treatment caused the limb loss, or allowed a treatable problem to deteriorate until amputation became unavoidable. Examples include a mismanaged diabetic foot, untreated infection or sepsis, delayed treatment, unmanaged compartment syndrome and wrong-site surgery. These are clinical negligence claims rather than accident claims. Contact us and we can help point you towards the right specialist team.
How do prosthetics affect an amputation claim?
Prosthetic limbs are usually the single largest element of an amputation claim, because a modern prosthesis is expensive and must be replaced every few years for life. Prosthetics fall into broad categories of increasing sophistication and cost:
- Cosmetic (passive) limbs restore appearance but offer limited function.
- Body-powered limbs are operated mechanically by the wearer’s own movement through a harness and cables.
- Myoelectric and microprocessor limbs are controlled by muscle signals in the residual limb, including microprocessor knees and multi-grip hands. These are the most capable and the most expensive.
The NHS provides prosthetics based on clinical need, but provision is necessarily limited. A well-run claim funds the prosthetics an individual actually needs, often privately, together with maintenance, repairs, replacement sockets and upgrades as technology improves.
In some cases, osseointegration (where a prosthesis is anchored directly into the bone) is appropriate and can be included. Because a prosthetic limb lasts only a few years, the lifetime replacement cost across a claimant’s remaining life expectancy is substantial, which is why specialist input from a prosthetist is essential to valuing the claim.
What ongoing problems can you claim for?
An amputation claim covers not just the loss of the limb but the physical and psychological consequences that follow, many of which are lifelong:
- Phantom limb pain. Pain that feels as though it comes from the limb that has been removed. This can be persistent and difficult to treat.
- Residual (stump) pain and neuroma. Pain at the amputation site, sometimes caused by a neuroma, a sensitive growth of nerve tissue.
- Complex regional pain syndrome (CRPS). A chronic, severe pain condition that can develop after limb injury or amputation.
- Psychological injury. Depression, anxiety, post-traumatic stress disorder, and the impact of altered body image and loss of independence.
Compensation also covers the support needed to adapt: physiotherapy and occupational therapy, wheelchair provision, adaptations to the home and vehicle, and help returning to work or retraining where the injury makes that necessary.
Who can make an amputation claim?
You can make an amputation claim if someone else’s negligence or breach of duty caused, or materially contributed to, the loss of your limb. Where the injured person cannot manage the claim themselves, someone else can act for them:
- The injured person brings the claim in most cases.
- A litigation friend brings the claim where the injured person lacks the mental capacity to do so.
- A parent or guardian acts for a child who has lost a limb.
- The family or estate can claim where the injured person has since died, under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934.
Being partly at fault does not prevent a claim. Under contributory negligence, compensation may be reduced by the percentage you were responsible for, but the claim still proceeds. Given the scale of amputation awards, the remaining value is usually substantial.
What makes an amputation claim different?
As catastrophic claims, amputation cases use the same specialist mechanisms as other life-changing injuries, including interim payments, periodical payment orders (PPOs) and multi-disciplinary experts.
These are explained in full on our catastrophic injury claims page. What sets amputation claims apart is how much of the value sits in lifetime prosthetics and the cost of staying mobile and independent. Getting the prosthetic and rehabilitation evidence right, with a specialist prosthetist, is the heart of the case.
How much compensation could you receive?
Every amputation claim is valued on its own facts, and awards are among the highest in personal injury law because the losses last a lifetime. Compensation has two parts: general damages for the injury itself, and special damages for the financial losses it causes.
| Category | Covers | Examples |
|---|---|---|
| General damages | Pain, suffering and loss of amenity | The level of amputation, phantom and stump pain, psychological injury, loss of independence |
| Special damages | Financial losses, past and future | Lifetime prosthetics and maintenance, care and assistance, physiotherapy and occupational therapy, lost earnings and pension, home and vehicle adaptations, wheelchairs and equipment |
General damages are valued by reference to the Judicial College Guidelines, which set out brackets for different levels of amputation. Amputation awards are high because they combine lifetime prosthetic costs, ongoing care, lost earnings and adaptations, and are frequently paid as a lump sum alongside a periodical payments order. Bird & Co handle claims ranging from thousands to millions of pounds.
How long do you have to make an amputation claim?
The standard time limit is three years from the date of the accident, or from the date of knowledge: the date you knew, or should have known, that your injury was significant and caused by someone else’s act or omission. Date of knowledge is often the key issue in negligence-related amputations, where it may not be immediately clear that the limb loss resulted from poor care.
| Claimant | Time limit |
|---|---|
| Adult with capacity | Three years from the accident or date of knowledge |
| Negligence or surgical amputation | Three years from the date of knowledge |
| Child (under 18) | Until their 21st birthday (three years from their 18th birthday) |
| Adult lacking mental capacity | Suspended while capacity is lacking (s.28 Limitation Act 1980) |
| Family of a person who has died | Three years from the date of death or knowledge |
The court has a discretion under section 33 of the Limitation Act 1980 to allow a claim outside the normal time limit, but this is never guaranteed. Because evidence fades and early rehabilitation funded by an interim payment can change the long-term outcome, it is always best to seek advice as early as possible.
The amputation claims process
Amputation claims follow the personal injury framework, but each stage takes longer and leans heavily on specialist medical and prosthetic evidence.
Free initial consultation
We discuss what happened, explain your options and confirm no win, no fee funding.
Investigation and rehabilitation
We gather evidence on how the injury happened and engage early on rehabilitation, often under the Rehabilitation Code 2015.
Interim payments
Once liability is admitted or appears likely, we apply for early funds to cover prosthetics, adaptations and lost income.
Medical and prosthetic evidence
Specialists, including a prosthetist, assess your long-term needs once your condition is stable.
Valuation and negotiation
Past and future losses are quantified and presented. Most cases settle without a trial.
Settlement or court
A lump sum, often combined with a periodical payments order, is agreed. We litigate if a fair settlement cannot be reached.
A named solicitor leads your case throughout, with home visits available where needed. Straightforward cases can take 12 to 18 months, but serious amputation claims commonly take two to three years or more, because prosthetic and rehabilitation needs must be fully assessed before the claim is valued.
No win, no fee amputation claims
We handle amputation claims on a no win, no fee basis, also called a conditional fee agreement (CFA). You pay nothing upfront, and if your claim is unsuccessful you do not pay our legal fees.
- If you win, a capped success fee is deducted from your compensation. This is explained clearly in the CFA before you sign anything.
- If you lose, you do not pay our legal fees, and we arrange after-the-event (ATE) insurance to cover the other side’s costs.
Contact us for a free, no-obligation consultation to discuss your amputation claim.
Frequently asked questions about amputation claims
How much compensation will I receive for an amputation?
Every amputation claim is different. The amount depends on the limb and level of amputation, your pain and psychological injury, and your financial losses, particularly lifetime prosthetics, care, lost earnings and adaptations.
General damages are assessed using the Judicial College Guidelines, which set brackets for different amputations. Because the losses last a lifetime, amputation awards are among the highest in personal injury law.
How long do I have to make an amputation claim?
Usually three years from the date of the accident, or from the date you knew your injury was significant and caused by someone else. For children, the time limit runs until their 21st birthday.
For someone who lacks mental capacity, the time limit is suspended while that continues. Negligence-related amputations often turn on the date of knowledge, which can be later than the date of the operation. It is always best to seek advice as early as possible.
Can I claim if my amputation was caused by medical negligence?
Yes. Where negligent medical care caused your amputation, or allowed a treatable condition to deteriorate, you may have a claim. Examples include a mismanaged diabetic foot, untreated infection or sepsis, delayed treatment and wrong-site surgery. These are clinical negligence claims governed by different legal tests.
Contact us and we can discuss what happened and point you towards the right specialist team.
Does compensation cover the cost of prosthetic limbs for life?
Yes. A properly valued amputation claim funds the prosthetics you need for the rest of your life, including replacements, repairs, new sockets and upgrades as technology improves.
Because advanced prosthetics are expensive and must be replaced every few years, lifetime prosthetic cost is often the single largest element of the claim. A specialist prosthetist provides evidence on your long-term needs so it is properly accounted for.
What is phantom limb pain and can I claim for it?
Phantom limb pain is pain that feels as though it is coming from the limb that has been amputated.
It can be persistent and difficult to treat. It is a recognised consequence of amputation and is compensated as part of your claim, alongside residual (stump) pain, neuroma, complex regional pain syndrome and the psychological impact of limb loss. Your medical evidence will set out the nature and likely duration of any ongoing pain.
Why choose Bird & Co for your amputation claim?
Amputation claims demand specialist experience, because so much of their value depends on getting the lifetime prosthetic and rehabilitation evidence right.
Our team, led by James Ilic, has handled cases ranging from thousands to millions of pounds and has the expertise these claims require. We offer a free initial consultation, direct contact with a named solicitor, and regular updates throughout your case.
Bird & Co is Lexcel accredited and regulated by the Solicitors Regulation Authority (SRA), rated 4.9 out of five on Trustpilot from over 1,000 reviews. See our personal injury solicitors page for the full range of claims we handle.
Speak to our amputation claims solicitors
If you or a loved one has lost a limb in an accident or through negligent care, our specialist team is ready to help. Call us for a free, no-obligation consultation, or send an enquiry and we will call you back.
Our personal injury solicitors are based in Grantham, Newark and Lincoln and act for clients across Lincolnshire, Nottinghamshire and the rest of the UK.