INJURY*

Amputation Claims*

Personal injury claims* resulting in amputation can occur as a result of workplace accidents, road traffic accidents or accidents in a public place*.

Tell Us About Your Case

What is Amputation?

Amputation is the surgical removal of a limb due to a medical illness or trauma. Amputation is a last resort for any medical team as the consequences have a permanent effect on a persons’ quality of life. Furthermore, it can have a psychological effect on a person’s mental health, often resulting in post-traumatic stress disorder (PTSD). 

The Aftermath of an Amputation

The aftermath of an injury where a limb was amputated requires months of rehabilitation, learning how to use a prosthetic and adjusting to their altered circumstances. 

If the injury sustained which led to an amputation happened through no fault of your own it may be possible that you are eligible for a legal remedy. To find out more information or have any queries surrounding a specific topic you can get in touch and have a confidential discussion surrounding your situation with our team of legal professionals.

Common Types

Traumatic Amputation

Traumatic amputation refers to situations where a sudden, violent and unexpected incident causes a person to lose a limb. In these cases, medical treatment is usually very quick to attend the scene of the accident. Thus increasing the person’s chance of recovery and in some cases the limb may be reattached. In cases where the limb cannot be reattached, the amputee will generally have to undergo surgery. Amputations are common in the following accidents:

Surgical Amputation

Surgical amputation is common practice in cases where blood supply to the injured limb is lost which leads to a condition called ‘necrosis’ (where the cells in the tissue within the limb dies). Surgical amputation is generally considered a last resort and may be necessary after a traumatic injury where bone and tissue have been badly damaged to the point where reconstruction is not an option. It may be necessary on the day of the accident but in some cases it may be necessary weeks later if the person does not heal. After necrosis sets in and their condition deteriorates and the limb loses its function.

Areas of Amputation

Lower-limb Amputation

  • Partial foot amputation – removal of one or more toes. This amputation will have an effect on the persons walking and balancing abilities
  • Ankle disarticulation – removal of the foot at the ankle
  • Below the knee amputations (transtibial) – amputation of the leg below the knee. This type of amputation allows the amputee to retain their knee function.
  • Above the knee amputations (transfemoral) – amputation of the leg above the knee.
  • Hip disarticulation – removal of the entire leg up to the hip joint.
  • Hemipelvectomy (transpelvic) – removal of the entire leg including part of the pelvis

Upper-limb Amputation

  • Partial hand amputation – removal of fingertips and other parts of the fingers or thumb. Losing a thumb means the person will be left without the ability to grasp objects.
  • Metacarpal amputation – removal of the entire hand, leaving the wrist intact
  • Wrist disarticulation – removal of the entire hand and wrist
  • Below the elbow amputation (transradial) – partial removal of the arm below the elbow joint
  • Elbow disarticulation – amputation of the forearm at the elbow
  • Above elbow amputation – removal of the arm above the elbow
  • Shoulder disarticulation – remove of the entire arm including the shoulder blade and collar bone

Causes

Accidents on the Road*

A car accident of large scale can pin and trap a driver against a vehicle or any other obstruction. This means that the emergency services may have to amputate a limb to release an individual from a trapped area.

Some examples of road traffic accidents resulting in amputation have been:

Workplace Accidents*

Amputation injuries* in the workplace, most commonly leg and arm amputations injuries in the workplace frequently occur in industrial or construction areas of work, such as building sites, warehouses, farms and those who work with dangerous machinery.  The cause of these injuries is usually due to a lack of safety mechanisms being implemented, inadequate training, inadequate or lack of personal protective equipment or negligence of employers/employees. An example of this consists of no safety guards around dangerous machinery, a lack of supervision and adequate training supplied.

Amputation injuries* can occur in the workplace because of the following causes:

In such cases, liability may rest on the employer if it is proven that they did not provide a hazard free working environment.

Infection

A person can suffer a serious injury to a limb and attempt to make a full recovery from it. However, the limb can experience in infection of a high strength which may result in

amputation. The amputation prevents the infection from spreading around the body.

Tell Us About Your Case

Fill in your details below and we'll contact you to discuss your case in complete confidentiality.
Our helpful team

Need Help? Just Ask.

We use our expert knowledge and 30 years’ experience to give you the voice you need. We use non-legal language and provide practical and impartial advice through every stage of the process!

Call us today on +353 1 649 9900 or contact us online.

How do I make a claim?

Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a personal injury* solicitor to help you with this.

  1. Prepare the information for a solicitor

    When you decide you want to move forward with your injury claim* it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:

    • Date of the accident
    • Location of the accident
    • Details of who/what caused the accident
    • Specifics of what happened
    • Who did you report the accident to?
    • If any emergency services attended the scene, and their details
    • Details of your injuries
    • Hospitals/Doctors attended with your injury
    • Any pictures you may have taken of the scene of the accident and/or your injuries
    • Details of any witnesses
    • Is there CCTV that may have captured the accident?
  2. Solicitor becomes your trusted advisor

    As a solicitor is aware of the injury claim* process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.

  3. Solicitor obtains a medical report

    The most important document needed to prove your injuries is your medial report. The reason a solicitor will ask for your doctor’s details or if you have attended the hospital is so they can obtain all the medical reports required to pursue the case for you.

  4. Solicitor prepares the Injuries Board application

    As soon as your solicitor has gathered all the information, your injury claim* will be submitted to the Personal Injuries Assessment Board for assessment. You solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage you have a choice to accept the Injuries Board assessment or reject it and move the next steps.

    At this point one of two scenarios will unfold:

    a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.

    b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.

  5. Possible case outcomes

    Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.

    Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus of your recovery, as they focus on settling your case.

At Tracey’s we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your car accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.

What Our Clients Say

We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.

Excellent. Caoimhe was to the point and very dedicated to my case and made sure I had a successful outcome.
Excellent. Maria kept me informed of progress all the time. Very efficient.
Brilliant. Works very fast and we didn’t have to do a thing. Keep up the good work.
View More Testimonials

Case Settlement

If you are to proceed with an injury claim* you may be entitled to claim compensation for the injury and added expenses you may have incurred. These claims are called damages.

General Damages

General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident*.

Special Damages

Special damages are out of pocket expenses incurred as a result of the injury*, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the injury (for example, travel to and from the hospital). Learn more about Special Damages

Material Damages

Material damage refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.

What are the Legal Time Limits?

The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases* is that the person has two years from the date of the accident or date of knowledge of the accident* to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

Learn more about Time Limits

About Tracey Solicitors

We draw on more than 30 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

Contact Us

Our friendly and experienced team are waiting to answer your call. Lines are open Monday to Friday, from 9am to 5pm.

+353 1 649 9900

Or you can fill out our contact form and we'll call you back.

Tell Us About Your Case

Fill in your details below and we'll contact you to discuss your case in complete confidentiality.