Amputation
Claims FAQs

Approximately 5000 - 6000 major limb amputations are carried out in England every year. In the UK, some of the main reasons why amputations are carried out include:

• serious trauma to the limb, such as a crush or blast wound;
• deformity of the limb or persistent pain, that means the limb is of limited functional use;
• the limb has been affected by loss of blood supply, often as a result of peripheral arterial disease (PAD);
• a disease in the limb, such as cancer or a serious infection;
• nerve damage in the limbs, often caused by diabetes.

The outlook for people with an amputation largely depends on:

• their age, as younger people tend to cope better with the physical demands of adjusting to life with an amputation;
• how much of the limb was removed;
• how well they cope with the emotional and psychological impact of amputation;
• other underlying conditions that may make coping with an amputation more difficult.

Many people who have had an amputation reported feeling emotions such as grief and bereavement, similar to experiencing the death of a loved one. Some people have feelings such as pain in the remaining part of their limb, or ‘phantom pain’ that feels like it's coming from the amputated part of the limb. People also experience stump pain from rubbing or sores where the stump touches a prosthetic limb, nerve damage during surgery, and the development of neuromas.

However, with long-term support, rehabilitation and quality prosthetics properly fitted, people are eventually able to return to work, sports and other activities.

Claiming compensation will give you access to the best rehabilitation and prosthetics providers to maximise your recovery, and therefore your independence, following the accident. The NHS provides excellent care at the acute stage following an injury, but long term rehabilitation and quality prosthetics can be lacking. Making a successful claim for compensation will mean funding is made available for a range of expert input including:

• prosthetics experts providing cutting edge technology;
• physiotherapists to maintain fitness;
• architects and occupational therapists, who will make a return home possible;
• consultants and other medical experts, who will advise on the medical treatments you will need for the rest of your life;
• employment experts to help you return to work;
• psychologists to help overcome any negative emotions.

Access to this expert support and advice will help you maximise your recovery and independence, and give you the quality of life you deserve.

As a general rule to make a claim for personal injury compensation in Scotland (as in England and Wales), you have 3 years from the date of the accident to pursue a claim. If the claim is not settled or Court Proceedings issued by the 3rd anniversary then your claim may be lost forever, or statute barred (out of time). There are, however, certain exceptions to this:

• In Scotland if the injured party is under the age of 16 at the time of the accident the 3 year time limit commences from the date the person turns 16, meaning a claim can be made until the age of 19. In England and Wales the age is 18 - meaning a claim can be made until the age of 21.
• If the person does not have the mental capacity either before or as a result of the accident, the 3 year time limit does not begin to run until they regain the capacity to bring a claim. Issues regarding capacity are complicated and we would be happy to speak to you in detail on this point.
• There are certain types of cases where a claimant may not be aware that they have suffered an illness or injury until some period of time later. For example, it may take more than 3 years for any symptoms to appear. In those types of situations, the time limit does not start to run until the date you are aware (or should have been aware) you have sustained an injury, such as being told about it by your doctor. As this is a complex subject, it is best to seek professional advice from your solicitor.
• If your case involves a claim under the Motor Insurers Bureau (MIB) Untraced Drivers Agreement, then you need to have the completed application form with the MIB by the third anniversary of the accident. However if your claim includes a claim for compensation for damage to property, then the application needs to be with the MIB within 9 months of the date of the accident, whether or not the claim includes personal injury as well.
• Injuries sustained as a result of a criminal act and where a claim is made to the Criminal Injuries Compensation Board (CICA claims), then a limitation period of 2 years applies. The same exceptions apply in relation to those under the age of 16 at the time of the injury and those lacking capacity. There may also be other exceptions where the consequence of the assault is not discovered until after the 2 year period has expired.
• Accidents that occur abroad will be the subject of a variety of different time limits, which can be as short as a year. The sooner you contact us the better, so we can identify the appropriate time limit and give you the best chance of successfully pursuing your claim.

Financial compensation will aim to compensate you for any loss of earnings, if you are unable to return to your previous employment as a result of your injuries. However our specialist rehabilitation can also assist you with finding new employment after a period away from work or help find a way of retraining for a new career. Our employment law team are available to discuss options should you have any problems with your employment.

If you are suffering financially as a result of the accident, we may be able to secure an interim payment from the insurer of the third party. An interim payment is an advance payment of part of your damages which the offender’s side may be liable to pay. These interim payments can fund rehabilitation recommendations and also aim to ensure that you avoid any financial hardship as a result of the accident.

If an interim payment cannot be made, the NewLaw welfare and rehabilitation team can put you in contact with various agencies (such as unions or charities) to assist you with meeting your financial needs. Our team at NewLaw can also provide information and can help you in applying for state benefits that you may be entitled to, such as employment and support allowance.

Depending on the circumstances of your case, NewLaw’s specialist Welfare team will meet with you, to give you and your family information and emotional support following a serious accident. If you required hospital admission due to the accident, a member of our welfare team can visit you at the hospital, liaise with hospital staff to facilitate a safe and appropriate discharge, and ensure that you will have access to all the services that may be of assistance to you from the NHS and your local authority.

At NewLaw Scotland we are committed to securing the best outcome for each of our clients by working with all the professionals involved to maximise the impact of early intervention. Our team will arrange for a needs assessment to be carried out as soon as possible by a qualified individual. They will recommend a programme of rehabilitation, which will cover the relevant areas such as:

• physiotherapy;
• hydrotherapy;
• psychological input;
• speech and language therapy;
• case management;
• occupational therapy, e.g. assessment of accommodation and equipment needs.

We understand that you may need specialist care following an accident, therefore depending on the circumstances of your claim for compensation, we can put in place a comprehensive rehabilitation plan suitable for your individual needs.

We will start by discussing with you what assistance you may need; we can then arrange for an experienced and knowledgeable specialist practitioner (a case manager) to visit with you to discuss. Our case manager can also recommend practical support and assistance; for example, it may be that following the accident that you may need assistance with household tasks. Also, if you are unable to drive as a result of your injuries, the case manager may suggest that a taxi account be set up in order to ensure that you can still get around and attend appointments.

NewLaw’s team of specialists, where appropriate will then be appointed to oversee the implementation of the case plan, ensuring that appropriate local agents are all put in place and will ensure the smooth running of a care plan for you. Your needs will often change over time and the case manager will keep your requirements under review and ensure that you are getting the best help possible.