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.