Claiming compensation for an arm amputation


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By Oliviah Rix-Taylor

on Friday 18 May 2018


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Arm Amputation Resource

Diabetes UK reports over twenty diabetes-related amputees a day, whilst GOV.UK statistics from the MOD reported 291 amputees from Iraq and Afghanistan in 2017.

For anyone, amputation of the arms, whether from disease, illness or service, may seem highly improbable, but amputation statistics reveal arm amputation to be more common than you think.

Aside from the very obvious impacts amputation of one or both arms can have on a person’s life, claiming compensation can be a hazy area to navigate.

This resource provides information on claiming compensation for an arm amputation, the process involved, and how much you are entitled to.

Arm Amputation Definitions

Transradial – this is an amputation that has occurred below the elbow

Elbow Disarticulation – an amputation at the elbow joint.

Transhumeral – removal of the arm above the elbow joint.

Shoulder Disarticulation – entire arm removal including shoulder and collarbone

Arm amputations can either be one limb or both and compensation amounts will vary depending on the limitations of your life.

Charities and Services

There are an amazing array of events, Charites, and services for amputees in the UK. Most of which are listed here

 Why claim for compensation?

Losing one or both arms doesn’t mean you will never work again but it might mean you have to rethink your career, especially if it is skill specific like a trade. Having to give up your job, find a new one or allow time to re-construct your aspirations are going to impact your income heavily.

Compensation will allow you a financial support to pay household bills and provide for yourself and family members, giving you the opportunity to focus on your recovery.

A payout can also help towards rehabilitation costs and paying for prosthetics. Public healthcare provides world-class prosthetics and rehabilitation services, but sometimes more task-specific prosthetics are required by individuals, and these can be costly.

But rehabilitation and job changes are the semantics of losing one or both arms. Compensation will also try, in a financial way only, to reimburse your pain and suffering. That may sound like trying to pay back the national debt with buttons and hairpins, and we understand that no amount of money can make up for pain and suffering, but it could go a long way to helping secure you a future for yourself and any family you may have.

How much compensation for amputation of arms?

The following compensation pay-out amounts for arm amputations are taken from the judicial college and are guideline amounts only. What you are entitled to receive depends on the impact on your life the amputation has had, the psychological damage that you may have endured or are continuing to cope with, family impacts, job losses, and loss of hobbies and sports.

Severity Compensation
Loss of One Arm (arm amputated at the shoulder or above-elbow amputation)£87,410 to £109,330
Loss of Both Arms£191,950 to £239,140

 

What is the process of an arm amputation claim?

There are many reasons a person may have lost their arm(s) – but a claim for compensation needs to establish that someone else’s negligence caused your injuries.

This could include medical negligence such as delayed diagnosis, misdiagnosis or malpractice. It could also include a workplace accident, a road traffic accident, or an accident or assault in a public place. Amputations are also common military injuries where explosive devices are involved.

The main foundation of personal injury law is establishing that another person owed you a duty of care (were responsible for your well-being) and broke that duty of care causing you harm.

In establishing this, your solicitor will need to use medical reports, eyewitness accounts and any other means of evidence to support your claim.

Personal Injury Solicitors are experienced in presenting your circumstances in a case that best represents the impacts your injury has had on your life and wellbeing. Only then will a court best understand how to compensate you.

A solicitor will also benefit from any bills or receipts for costs you have incurred when negotiating your settlement.

The defendant (the person you are claiming against) can either choose to settle the claim outside of court or, if an amount cannot be agreed upon, you can take the matter to court. A personal injury solicitor will be able to handle the negotiations for you and can better ensure the success of your case.

For army personnel there is a government compensation scheme in place, however, some circumstances may make you want to take matters further. If you feel that the Army, Royal Navy or Royal Air Force acted negligently, then you are still entitled to make a claim for compensation. Currently, Armed Forces Compensation Schemes award a maximum of £172,000 for loss of both arms below the elbow. This figure has been slated as inadequate and the Royal British Legion has called for an independent review of the compensation scheme.

No Win No Fee Agreements

Personal Injury Solicitors are now able to operate on a No Win No Fee agreement. This means that there are no upfront costs to start your claim, and you will only pay a fee if your claim is successful. This fee is deducted from your compensation amount and is currently capped at 25%. In the event that your case is successful, you will not have to pay your solicitor any money.

The No Win No Fee Agreement is in place to remove the financial risk of claiming. It is there to make justice accessible to all who deserve it, and not just those who can afford it.

Accident Line Direct will operate on a No Win No Fee agreement where ever possible. Contact us to discuss your case and we should be able to tell you right away if we can employ this agreement for you.

Accident line direct

Accident Line Direct use Solicitors who are experienced in personal injury claims. In addition to this, we understand that every claim and every circumstance is unique so we will tailor the experience of the solicitor with your case.

We offer a free phone initial consultation that is obligation-free with one of our industry experts. If you need a comprehensive source of information, we recommend looking at our extensive resources and our Injury Payout Guide.  

Above all else, ALDirect believes in the human side of personal injury claims. We understand that a claim for compensation is not just about money. It’s about support, recovery and most of all, a future.

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