Amputation Compensation Claims

The loss of a limb is one of the most serious and life-changing injuries a person can suffer, affecting work, independence, and everyday life. If you or a member of your family has lost a limb because of another party’s negligence, you may be entitled to claim compensation.

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Seeking Compensation Following an Injury Resulting in Amputation

With more than 30 years of experience in personal injury and medical negligence, McCarthy + Co Solicitors LLP has acted in many claims of this kind, and we understand the huge psychological impact these types of injuries have on the claimant. We work to secure a fair settlement that reflects the gravity of the injuries you have sustained.

An amputation may be the result of a traumatic accident, or it may become medically necessary because of an injury or an untreated condition. Where it was caused by someone else’s fault, you may have grounds for a claim. Common causes include:

faulty or unguarded machinery, or dangerous work tools;
being struck by falling heavy machinery, goods, or equipment;
a road traffic accident caused by dangerous or careless driving;
an employer or service provider failing to meet health and safety obligations;
a defective product; and
medical negligence, such as the misdiagnosis or mistreatment of an infection, compartment syndrome, or a vascular condition, which is dealt with as a medical negligence

Whatever the cause, the first step is to talk to us about what happened. Arrange a time to speak with a solicitor by completing our quick and confidential online form.

The wider impact of an amputation

Amputation injuries tend to have far-reaching consequences, over and above the injury itself. Where a person’s work has any manual element, returning to it may become impossible, so loss of earnings, both now and into the future, is often a substantial part of a claim. Prosthetic limbs are expensive; they need to be replaced regularly across a person’s lifetime, and learning to use them well can require lengthy rehabilitation. A claim should account for all of this.

The effects also reach into everyday life, including sport, hobbies, home maintenance, cooking, and caring for children, activities that were previously taken for granted. The psychological impact can be profound, and many people experience depression, post-traumatic stress disorder, or an adjustment disorder after losing a limb. Occupational therapy is important in identifying the aids and adaptations that can help a person regain as much independence and quality of life as possible, and the cost of that support forms part of a claim.

In more serious cases, there may also be what is known as a loss of consortium claim. Where a serious injury deprives a spouse or partner of the companionship and intimacy of the relationship they had before, that partner may have a claim in their own right. We can advise sensitively on whether this applies in your situation.

What compensation can include

Compensation is made up of general damages, for the pain, suffering, and loss of quality of life caused by the injury, and special damages, for the financial losses and costs arising from it. In amputation cases, the special damages are often the larger part. Factors typically taken into account include:

the pain and suffering you have experienced, and its lasting effects;
the cost of medical treatment, surgery, and rehabilitation;
the cost of ongoing counselling and psychological support;
the cost of specialist equipment, including advanced prosthetics and their replacement over time;
adaptations to your home, and to your vehicle, to help you remain independent;
loss of earnings, both now and in the future; and
other expenses, such as travel to and from medical appointments.

General damages are assessed using the Personal Injuries Guidelines, which set out brackets according to the limb affected and the severity of the loss. The brackets differ for lower limb and upper limb amputations, and these are set out in the sections below.

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Amputation of the arms

Very severe cases in this category may result in general damages of up to €475,000.

Category	Description	Compensation Range
Loss of both arms	The amputation of both arms, an injury that strips away almost all capacity for independence and self-care. The award reflects the claimant's age, any continuing pain, how far prosthetics can restore function, the cosmetic and psychological impact, and the effect on work and everyday life.	€300,000 – €475,000
Loss of one arm at the shoulder	Amputation of a single arm at shoulder level, the most disabling form of one-arm loss. The figure is influenced by the claimant's age, whether the dominant arm was lost, the intensity of any ongoing pain, how much a prosthesis can help, and the consequences for work and independence.	€140,000 – €230,000
Above-elbow amputation	Loss of an arm above the elbow. Because the elbow joint is gone, prosthetic function is more limited than in a lower amputation, and the award takes account of pain, cosmetic impact and the effect on daily activities.	€120,000 – €175,000
Below-elbow amputation	Loss of an arm below the elbow, where the elbow joint is preserved and a prosthesis can usually restore more function. The award still reflects ongoing pain, the cosmetic effect and the impact on work and independence.	€100,000 – €150,000

Amputation of the legs and feet

General damages of up to €400,000 may be awarded in this category.

Category	Description	Compensation Range
Loss of both legs	The amputation of both legs. The award reflects the claimant's age, the level at which the amputations occur, how effectively prosthetics restore mobility, any lasting or phantom pain, and the impact on independence, work and personal relationships.	€280,000 – €400,000
Below-knee amputation of both legs or feet	Loss of both legs below the knee, or of both feet. Prosthetics may restore some mobility, but the claimant is left with a permanent, life-altering disability, with ongoing pain and side effects bearing on the award.	€200,000 – €300,000
Above-knee amputation of one leg	Amputation of a single leg above the knee. As the knee joint is lost, prosthetic mobility is more limited, and the figure takes account of age, ongoing or phantom pain, and the effect on work and independence.	€120,000 – €160,000
Below-knee amputation of one leg, or loss of one foot	Amputation of a single leg below the knee, or the loss of one foot. With the knee preserved, prosthetics can usually restore more function, though the claimant still faces permanent disability, potential phantom pain and a lasting effect on daily life.	€100,000 – €140,000

Amputation of hands & fingers

General damages of up to €350,000 may be awarded in this category.

Category	Description	Compensation Range
Loss of both hands	The total or effective loss of both hands, valued close to the loss of the arms themselves given how central the hands are to function and appearance. The top of the range applies where no effective prosthesis can be used.	€200,000 – €350,000
Loss of one hand	The total or effective loss of one hand, for example where a crushed hand is surgically amputated or where all the fingers and most of the palm are lost. Awards reach the upper end where the dominant hand is affected.	€100,000 – €150,000
Loss of the thumb	The total or partial loss of a thumb, including cases where a reattached thumb is left deformed and effectively useless, or where it is amputated through the joint. The thumb's importance to grip makes this a serious hand injury.	€40,000 – €67,500
Total loss of the index finger	Complete loss of the index finger, with the award reflecting the effect on grip, dexterity and the appearance of the hand.	€25,000 – €35,000
Total loss of the middle finger	Complete loss of the middle finger, taking account of the resulting loss of grip and dexterity and any cosmetic impact.	€20,000 – €30,000
Total loss of the ring finger	Complete loss of the ring finger, with the figure reflecting the effect on hand function and appearance.	€17,500 – €27,500
Total loss of the little finger	Complete loss of the little finger, assessed by reference to its effect on grip, dexterity and the overall function of the hand.	€12,000 – €25,000

Amputation of the toes

General damages of up to €75,000 may be awarded in this category.

Category	Description	Compensation Range
Amputation of all toes on one foot	Loss of all the toes on one foot, with the award influenced by the effect on balance, mobility and the overall function of the foot, together with any ongoing or phantom pain.	€50,000 – €75,000
Amputation of the big toe	Loss of the big toe, which plays a significant role in balance and walking. The figure reflects the impact on mobility, any continuing pain and the effect on work and leisure.	€28,000 – €45,000

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Meet Liam Crowley

Liam Crowley is a partner at McCarthy + Co Solicitors LLP and leads our personal injury department. He has worked in litigation for almost 20 years, and in recent years he has acted almost exclusively for personal injury plaintiffs before the Circuit and High Courts, attending court venues throughout Ireland. He has handled many complex High Court actions involving multiple defendants and high-value loss of earnings claims, and he has managed investigations and claims in many wrongful death cases for families who have lost loved ones in road traffic and workplace accidents.

If you or a member of your family has suffered an amputation due to negligence, and you would like trusted, attentive advice, you can contact Liam directly at liam@mccarthy.ie.

Frequently Asked Questions

Some of the questions we are often asked in relation to this topic.

What kinds of negligence lead to amputation claims?

Amputation claims usually arise in one of two ways. The first is a serious accident, for example in the workplace or on the road, where faulty machinery, unsafe systems of work, or dangerous driving cause an injury so severe that a limb cannot be saved. The second is medical negligence, where a healthcare provider fails to diagnose or properly treat a condition such as an infection, compartment syndrome, or a vascular disease, or makes a surgical error, so that amputation becomes necessary. The first is a personal injury claim, and the second a medical negligence claim, and we handle both.

How do I prove that negligence caused the amputation?

A claim requires four things to be established: that the other party owed you a duty of care; that they breached it; that the breach caused your injury; and that you suffered loss as a result. In practice, this is shown through evidence such as medical records, expert reports, safety documentation, and witness accounts. Expert medical evidence is usually needed to link the negligence to the loss of the limb. We gather and organise this evidence as part of building your case.

What if I am too traumatised to deal with a claim myself?

That is entirely understandable, and you do not have to manage it alone. You can authorise someone you trust to begin a claim on your behalf. We treat these matters with complete confidentiality, and we will never discuss your affairs with anyone without your clear and express consent.

How is the amount of compensation decided?

General damages, for the injury itself, are assessed using the Personal Injuries Guidelines, according to the limb affected and the severity of the loss. Special damages, for financial losses, are calculated separately from the evidence, and in amputation cases they can be very significant, covering future prosthetics, care, home and vehicle adaptations, and lost earnings across a working life. To build an accurate picture, we work with experts such as surgeons, prosthetists, occupational therapists, and rehabilitation specialists.

How long do I have to make a claim?

In most cases, two years from the date of the accident, or from the date you became aware of your injury and that it was caused by another party’s fault. This date-of-knowledge point can matter in medical cases, where it may not be immediately clear that the amputation resulted from negligence. Because these claims involve a great deal of evidence, it is best to take advice as early as you are able to.