Upper limb injuries can have a highly significant impact on the quality of life of the injured party. Injuries to arms, hands or fingers that result in amputation may also hinder or completely halt the working life of the amputee. If the injury was caused by negligence on the part of a third party, you will undoubtedly want to know how you can go about bringing a claim for compensation.
Here at McCarthy + Co, our team of expert personal injury and medical negligence solicitors have many years’ experience in bringing successful claims against negligent third parties such as employers, service providers and defective product manufacturers. On this page, you will find some general guidance regarding the eligibility criteria to make a claim and the considerations you need to be aware of before instigating your claim.
Bringing a claim for negligence
The amputation of an arm, hand or finger is unquestionably one of the most traumatic experiences a person can go through. However, in order to be able to bring a claim against the party who caused the injury, you do need to be able to prove conclusively that they were at fault.
Here are some examples of scenarios where it is possible to attribute responsibility to the organisation or individuals involved in causing your injury:
- Your leg or arm injury was caused by malfunctioning work tools or machinery
- Your injury was sustained in a vehicle accident in which you were a passenger
- Your loss of limb was caused as a direct result of an employer or service provider not adhering to Health & Safety legislation
- Your loss of limb was caused by heavy machinery, goods or equipment falling onto you
- Your injury was sustained as a result of a defective product or service.
There are likely to be many other types of scenarios where the fault lies with a negligent third party. If you are unsure where the fault lies with an accident endured by yourself or a loved one, contact our specialist personal injury solicitors today for further advice. You may also find Section 6 of the Personal Injuries Assessment Board’s Book of Quantum useful for assessing types of upper limb injuries and the compensation levels that may be awarded.
It is advisable to seek the guidance of a qualified personal injury or medical negligence solicitor as early as you can following your accident or the surgery that took place to remove your limb. If you are too traumatised by the accident to contact a solicitor, you can authorise someone you trust to instigate the claim on your behalf but, for reasons of confidentiality, we will never discuss any of your affairs with anyone without your clear and express consent beforehand.
Once we have taken all the initial details regarding the accident, we can then make further enquiries on your behalf, liaising with orthopaedic surgeons, prosthetic experts, occupational therapists, psychiatrists and rehabilitation specialists. This will help us to build a concise picture of the events that led to the injury and the work involved in rehabilitation, ensuring that we can push for the maximum amount of compensation due to you.
Arm, hand or finger amputation compensation factors
Factors that may be considered when determining your compensation award include:
- The pain and suffering you have experienced
- The cost of medical treatment and support
- The cost of rehabilitation therapies
- The cost of on-going counselling
- The cost of specialist equipment including the most advanced prosthetics
- The cost of adaptations to your home, helping you to remain as independent as possible
- Loss of earnings both now and in the future
- Any additional expenses such as travel to and from hospital appointments.
Finger amputation compensation
The Personal Injuries Assessment Board (PIAB) provides guidelines for finger amputation compensation in their Book of Quantum. Compensation for the amputation of arms and hands are dependent on whether the injury is above or below the elbow, above or below the wrist, and whether it is the dominant hand.
Should you have any further questions about instigating a compensation claim, contact our highly experienced team of solicitors today.
If you have recently suffered an injury that resulted in amputation, you may find the following resources useful.
- Supports to help you following an amputation – PDF
- Amputee Factsheet
- “Coping, affective distress and psychosocial adjustment among people with traumatic upper limb amputations” – research paper
About McCarthy + Co
With more than 30 years of experience in dealing with amputation compensation claims, McCarthy + Co. has expertise in a wide variety of related fields including upper limb injuries to arms, hands and fingers. We are a family-run business, who pride ourselves on offering honest, impartial and helpful advice.
Our offices are based in Dublin and Cork, but we work with clients throughout Ireland in locations ranging from Galway to Waterford. You can count on us for legal advice, guidance and assistance on any form of personal injury.
If you have suffered an injury that resulted in the amputation of an arm, hand or finger, get in touch with our specialist personal injury solicitors today to make a start on your claim or gather more information. Call us on 1800 390 555 and an experienced member of staff will discuss your situation and potential next steps. You can also email on email@example.com and we will get back to you as soon as we can.
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