Undergoing an amputation is a serious operation that can change your life. If you wouldn’t have needed one without an incident occurring at work or if you did need one but it has gone wrong, you could claim compensation.
You might have had to undergo an amputation due to a workplace injury, a road traffic accident, a military accident, or due to a medical error. Whatever the reason for an amputation, amputation compensation claims are there to help if people are suffering because of someone else’s mistake or negligence.
What are amputation injury claims?
Amputation compensation claims are a type of legal claim that anyone who has suffered an amputation due to an incident at work or a medical error can pursue. Like with any legal claim, with amputation injury claims there needs to be sufficient evidence in order for a solicitor to be able to take on the case. There will likely need to be evidence to prove:
- That the amputation has occurred as a result of employer negligence, or
- That a genuine act of medical malpractice has either led to the amputation being necessary, or that it has led to a mistake, such as the wrong limb being amputated, occurring
In order to have a chance at successfully claiming compensation you will also have to be able to provide evidence of how your amputation has affected your life. For example, you might have needed multiple surgeries, and still could ned more, you may have to have full time care and assistance, or your house may need to be adapted so that you can move about it without problems. All of these things can take some time to adjust to, could potentially make your life more difficult, and could cost a lot of money. Amputation compensation claims are in place to help those who have suffered losses physically, emotionally and financially.
How to make an amputation injury claim
To make an amputation injury claim you will have to seek out the legal advice and guidance of specialised industrial disease solicitors (if your amputation was work related), or medical negligence solicitors (if your amputation was a result of a medical error or a medical error was made during amputation surgery).
Once you have done so, they will be able to evaluate whether your claim is likely to be successful. If your claim might not have prospects, the solicitor you seek the advice of should not take it on as it could end up costing you money. There are multiple reasons why your claim could lack prospects, including it being too long since the incident occurred and it being too difficult to establish who – if anyone – is at fault for the incident.
If they come to the conclusion that your claim has prospects, they will get the ball rolling and send a letter of claim to the employer or medical institution who are responsible for your amputation and subsequent suffering.
Once you have enlisted the help of a specialised solicitor, the majority of the work will be done by them. You will likely have to give statements and evidence, and as is the case with most amputation compensation claims your family could have to too.
The details and intricacies of your case, as well as whether your employer or the medical institution accepts liability will shape how your claim for compensation proceeds and how long it will take to settle. You should be prepared to have the claim ongoing for between eighteen months and three years due to the legal procedures that must be followed in order for you to receive any compensatory award. Although it can take a long time, it is worth being patient in order to get the result you need and deserve to move forward with your life.