Can I get private prosthetics funded through the claim?

Usually yes, where the claim succeeds. NHS prosthetic provision is a baseline; the claim funds what the NHS does not supply - activity-specific limbs, microprocessor knees, myoelectric hands, running blades - plus the recurring replacement cost. Expert prosthetist evidence supports the quantification.

Does the level of amputation affect the claim's value?

Significantly. Higher amputations (above-knee, above-elbow, shoulder / hip disarticulation) attract higher JCG brackets than more distal amputations because they have greater functional impact and drive more complex prosthetic needs. Dominant vs non-dominant arm matters in upper-limb cases.

I lost a limb in military service years ago. Can I still claim?

For AFCS, claims normally need to be made within 7 years of injury or its connection to service becoming apparent. For common-law claims, the 3-year limitation period under the Limitation Act 1980 runs from date of knowledge - which, for military claims, is frequently later than the date of service. See military accidents and time limits.

I had a diabetic amputation. Do I have a claim?

Only if the pre-amputation clinical management was negligent. If standard care was provided and the amputation was the appropriate outcome, there is no claim. Expert vascular / endocrinology evidence is essential - your solicitor will obtain it before committing to the claim. See medical negligence.

How long do I have to claim?

Three years for most personal injury claims; 7 years for AFCS; longer for children (running from 18th birthday) and protected parties. See time limits.

Amputation Compensation Claims UK

Amputation claims are among the most serious injury categories in the Judicial College Guidelines, reflecting the permanent, life-changing nature of limb loss and the significant ongoing cost of prosthetic provision, rehabilitation, aids, adaptations and - where relevant - loss of earning capacity. The JCG 17th edition (April 2024) separates amputation cases by upper vs lower limb, by level (above-knee vs below-knee; above-elbow vs below-elbow), and by whether one or both sides are affected.

Casibus works with SRA-regulated personal injury specialists on a no win, no fee basis. Every case depends on its evidence.

How the JCG values amputation

Double upper-limb amputation

The highest amputation bracket. Loss of both hands or arms. JCG 17th edition general-damages figures are comparable to the most severe brain-injury tier - well into six figures - reflecting the severity of functional loss. Comparable in order of magnitude to very severe TBI or tetraplegia general damages.

Single upper-limb amputation

Loss of one arm, valued by level - shoulder disarticulation / above-elbow / below-elbow. Above-elbow amputation attracts a higher bracket than below-elbow because it prevents use of a cosmetic or functional prosthesis at the elbow joint. Dominant vs non-dominant arm affects final valuation within the bracket.

Double lower-limb amputation

Loss of both legs. JCG 17th edition valuation depends on level - hindquarter / above-knee / below-knee - with higher brackets for higher amputation. Lifetime mobility cost is very substantial.

Single lower-limb amputation

The most common category in our caseload - a single below-knee amputation following an RTA, industrial accident or vascular event. Above-knee amputation attracts higher figures than below-knee because it affects the knee joint and drives the need for more complex prosthetics. Hindquarter amputation (loss of the entire leg at the hip) attracts a higher figure again.

Prosthetics - the recurring cost

The NHS supplies a baseline prosthetic - appropriate for daily activities, adequate for most purposes. For many claimants, that baseline is not enough: the claim typically funds private activity-specific prosthetics (microprocessor knees, or MPKs; running blades; water-rated prosthetics; myoelectric hands with multiple grip patterns). These devices cost tens of thousands of pounds and require replacement every 3-5 years. Over a lifetime, prosthetics alone can run into seven figures for an active younger claimant.

A good amputation claim maps out: current and anticipated future prosthetic needs by activity; replacement intervals; socket replacement and liner costs; servicing / maintenance; and consumables.

Special damages in amputation claims

Prosthetics - as above, lifetime replacement cycle costed out.

Common routes to an amputation claim

RTA - high-energy crush, motorcyclist struck by HGV, pedestrian knockdown. See road traffic accidents.

Vascular and diabetic amputation - when is it a clinical-negligence case?

Not every amputation is a negligent amputation. Amputation is an appropriate treatment for many conditions - severe peripheral vascular disease, sepsis, necrotising fasciitis, non-viable tissue after trauma. A claim arises only where the pre-amputation management fell below a reasonable standard (Bolam / Bolitho). Common patterns we see: delayed referral of a diabetic foot ulcer to specialist vascular care; failure to investigate critical limb ischaemia in time; missed compartment syndrome after a fracture; failure to diagnose necrotising fasciitis. These turn on expert vascular / orthopaedic evidence. See medical negligence.

Military amputation - AFCS and the common-law route

Serving personnel who sustain amputation in service have two parallel routes: the Armed Forces Compensation Scheme (AFCS, administered by Veterans UK) - a no-fault tariff scheme covering injury or illness caused by service on or after 6 April 2005; and common-law negligence against the MOD where negligence can be established. Following Smith v Ministry of Defence [2013] UKSC 41, combat immunity does not apply to training and equipment-provision decisions. AFCS tariff awards for amputation are substantial but often below what a full common-law quantification would produce. Both routes can be pursued - with proper credit against double recovery. See military accidents.

Interim payments

Interim payments under CPR 25.6 are routine in amputation cases - to fund initial prosthetics, accommodation adaptations, and rehabilitation long before final settlement. The first interim typically follows admission of liability or a strong early liability case. See interim payments.