Knowledge base

Amputation Injury Compensation Claims

Have you or a loved one lost a limb due to the negligence of another party such as another driver or workplace? If so, it is possible you may be entitled to amputation injury compensation for the impacts caused by the loss of a limb.

Injured? Get expert advice now: Smith's are Queensland's only 100% risk-free injury compensation lawyers. Insist on our 'No Win. No Fee. No Catch' ® promise. Check your rights with no risk or obligations now and talk direct to our Principal lawyer, Greg Smith. Call 1800 266 801 OR  check if you can claim

Claiming compensation for an amputation injury

Finger amputation injury compensation claim

When you have suffered an injury resulting in the loss of a body part you will have a number of consequences. Some of these consequences will be large, such as a loss of earnings due to an inability to work. Other consequences might appear minor, such as a loss of ability to play an instrument but will be significant to you. Due to the complicated nature of personal injury claims in cases of negligence it is important that you seek legal advice so that all relevant factors can be considered.

The loss of a body part is significant. It is likely that you will experience some trauma, both due to the psychological distress of the accident which resulted in the loss of your body part, and the ongoing emotional trauma of adapting and modifying your life. If you have lost a limb as a result of the negligence of another party then you may be able to claim for compensation due to the damage you have suffered.

Different types of amputation injuries

Amputation injuries can happen in a number of ways. No matter how your amputation has come about there will be a significant person and financial cost involved with making changes and adjusting to a new way of living.

Ring avulsion finger amputation

Amputation from trauma:

If you have been involved in an accident or injury you may experience an immediate amputation due to the accident, or have to undergo an amputation at a later date.

Amputation events can take place in workplace accidents where heavy machinery is being used, or where cutting takes place -ring avulsion being amongst the most common injuries.

Amputations are also common in road accidents, or where conflict and combat are involved.

No matter the way in which your amputation has happened, there will be far reaching consequences which you will need support to work through.

If your workplace, road, or other accident amputation happened as a result of someone else’s negligence then you may be able to make a claim for compensation.

Amputation from disease:

Some diseases or illnesses, such as diabetes, will result in amputation of a limb.

Certain diseases, particularly those impacting on blood flow, can result in amputations which can have a huge impact on the patient and their family.

An amputation is a highly significant operation and something which has far reaching consequences for the patient, both mentally and physically.

If it is found that the amputation was necessary due to negligent medical treatment then it may be possible for you to seek compensation.

Making a claim for an amputation injury

Calculating compensation amputation injury claim

Whether your amputation happened due to a road accident, a workplace accident, due to medical negligence, or for another reason, this will form a personal injury claim. You will be making a claim against the party who was negligent and seeking compensation for loss that you have suffered.  

You must make your claim within three years of the accident taking place

You will need to gather medical evidence to make your claim for compensation

You will need to provide proof of loss which you have sustained, and proof of any loss of social enjoyment as a result of your amputation

Evan works in a glass factory but also plays in a band as a jazz musician three nights a week. He is devoted to his saxophone and has been playing for twenty years. One day at work he suffers an accident due to improper and negligent supervision. The accident results in Evan losing three fingers on his right hand. Due to this he can no longer play the saxophone. In addition to any loss of wages and medical expenses, Evan can also claim compensation for the loss of enjoyment due to his inability to play his instrument.

Due to the complicated nature of amputation personal injury claims it is important to partner with a legal firm who understands and can advise you on all aspects of your claim. We will take the time to get a personal and employment history and will advise you on what information we need to put forward an accurate and complete claim for compensation.

Injured? Get expert advice now: Smith's are Queensland's only 100% risk-free injury compensation lawyers. Insist on our 'No Win. No Fee. No Catch' ® promise. Check your rights with no risk or obligations now and talk direct to our Principal lawyer, Greg Smith. Call 1800 266 801 OR  check if you can claim

Seek legal advice as soon as possible

Seeking legal advice after amputation injury

You are going to a primary witness in your claim for compensation, so it is important to seek legal advice as soon as you feel able. It is important to take down your account of the event as soon as you can so that you have a good record of how events took place and what happened following on from your amputation injury or accident.

● Legal advice can help you to see what you need to do next, and what sort of information is relevant to your claim for compensation

● While you are recovering from your amputation injury your legal team can be working on your behalf to ensure your interests and rights are being protected through your claim for compensation.

Will my claim for my amputation injury end up in court?

In most cases, claims for personal injuries are resolved through mediation or through an informal pre-court settlement. This means that your claim will not proceed to court. In some cases, your matter will be contentious which means that the amount of compensation you deserve may not be what the other party is prepared to offer. If this happens Smith’s Lawyers are prepared to take your matter as far as it needs to go in order to get you the outcome you deserve. Rest assured that no matter what, we will proceed with your best interests at the heart of all that we do.

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Last update on:
June 1, 2021
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For expert advice call 1800 266 801 or chat via live chat to arrange free initial advice with our Principal lawyer, Greg Smith.

Next steps — get advice now

It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.

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