The loss of a limb by amputation is one of the most serious and traumatic injuries that anyone can sustain. If a third party is responsible for the accident which caused the loss, you will undoubtedly want to know how you can go about bringing a claim for compensation.
Here at McCarthy + Co, we have decades of experience in helping individuals to bring successful claims against employers, service providers, and other third parties whose failure to provide an adequate duty of care resulted in catastrophic lower limb injuries such as leg amputations, feet or toe injuries. 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
To start the process of bringing a claim, you need to be able to prove that your leg or foot injury was caused by a third party. Here are some example scenarios that will provide you with the grounds to take action against the negligent party:
- Your leg or foot injury was caused by faulty work machinery
- Your injury was sustained as a result of heavy machinery or supplies falling onto you
- Your injury was sustained due to the negligence of a dangerous driver
- Your injury was sustained because an employer or service provider failed to adhere to Health & Safety legislation
- Your injury was sustained as a result of a defective product or service.
There may, of course, be many other legitimate scenarios where it is possible to instigate a claim against a third party. Section 5 of the Personal Injuries Assessment Board’s Book of Quantum may also be useful for assessing your injury and ascertaining an idea of the compensation levels that may be awarded.
You should seek the advice 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. Our team will then liaise with all the parties involved in your recovery, such as orthopaedic surgeons, psychiatrists, prosthetic experts, occupational therapists and rehabilitation specialists. This will enable us to build a complete picture of the incident and the consequences it had for you, which will determine the amount of compensation due to you.
Foot or leg amputation compensation factors
Leg or foot amputations are severely debilitating and may completely impede your ability to carry out your line of work. By talking with our experienced solicitors as early as possible, we will be able to outline the timeframes involved in bringing your claim and get matters moving for you without delay.
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.
Toe amputation compensation
The Personal Injuries Assessment Board (PIAB) provides guidelines for toe amputation compensation in their Book of Quantum. Compensation for the amputation of legs and feet are dependent on whether the injury is below the knee, above or below the ankle and whether it’s the dominant foot.
Get in touch with our experienced team of solicitors today, for further advice on instigating your claim.
If you have recently suffered an injury which resulted in amputation, you may find the following resources useful.
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 lower limb injuries to legs, feet and toes. 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 have worked 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 which resulted in the amputation of a leg, foot or toe, 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 firstname.lastname@example.org and we will get back to you as soon as we can.
In contentious business, a legal practitioner shall not charge any amount in respect of legal costs expressed as a percentage or proportion of any damages (or other moneys) that may become payable to his or her client or purport to set out the legal costs to be charged to a junior counsel as a specified percentage or proportion of the legal costs paid to a senior counsel. A legal practitioner shall not without the prior written agreement of his or her client deduct or appropriate any amount in respect of legal costs from the amount of any damages or moneys that become payable to the client in respect of legal services that the legal practitioner provided to the client.