The compensation you may recover if you have suffered an amputation injury can vary greatly depending on the type of injury, its effect on you and your personal circumstances at the time the accident occurred.
Compensation is divided into two categories; General Damages and Special Damages.
General Damages
This is an amount of money which is intended to compensate you for the pain suffering and loss of amenity caused by the accident. It would be necessary to obtain expert medical evidence which would assist the Court in determining what award to make in this respect.
Awards for General Damages are comparatively low in the UK when looking at other countries, for instance in the US.
General Damages are assessed by considering previously decided cases where compensation awards have been made for similar injuries. When assessing General Damages, Judges also use Guidelines called Judicial College Guidelines which help them decide what award to make.
The Guidelines offer brackets of awards depending on the type of amputation injury suffered. For instance;
(i) Loss of Both Legs (at least one above knee at a high level) will attract a General Damages figure in the range £240,790 to £282,010
(ii) Below knee amputation of both legs will attract a General Damages figure in the range £201,490 to £270,100
(iii) An above knee amputation of one leg will attract a General Damages figure in the range £104,830 to £137,470 and a below knee amputation in the range of £97,980 to £132,990
(iv) Amputation of both arms will attract a General Damages figure in the range of £240,790 to £300,000
Special Damages
Special Damages is essentially another term for financial losses.
These losses can be claimed in addition to General Damages
As an amputee Claimant you are able to recover your reasonable financial losses caused by the accident. The assessment of Special Damages is intended to put you in the same financial position had the accident not occurred.
There are a number of different types of financial losses you may be able to claim. Below is not an exhaustive list but is intended to illustrate the types of claims which can be brought.
Loss of earnings
Clearly if you are unable to work or not able to return to your previous job then past and future loss of earnings can be claimed, including loss of promotion prospects.
Care and assistance
You are likely to require significant care and assistance as a consequence of the injury and the cost/value of that care can be included in any claim into the future.
Prosthetics
You are entitled to claim the lifelong private cost of state of the art prosthetics, both for everyday life activities and leisure/sporting activities.
Aids and equipment
You are likely to need certain other medical aids and equipment to assist with your recovery and ongoing daily functioning/ rehabilitation. Again these can be included in any claim together with their replacement costs into the future.
Accommodation
You are likely to require special adaptations made to your accommodation or indeed you may need to move into alternative accommodation if your current living arrangements are not suitable for you. These are costs that can be included in the claim.
Travel
You are likely to require a special vehicle as transport and/or you are likely to require a higher class of airline travel to meet your needs. These costs can be included.
Medical Treatment/Rehabilitation
You are likely to require ongoing medical treatment/rehabilitation. These costs can be included in any claim for compensation.
Legal/Professional fees
If you have also suffered a brain injury the costs associated with the appointment of a Deputy on your behalf can be included in addition to costs associated with the management of any fund.
The above are just some examples of what can be claimed on your behalf. As we have said before it all depends on your individual circumstances.
