Compensation Claim for Amputating the Wrong Leg
In a compensation claim for amputating the wrong leg can I be compensated for loss of earnings if I worked as a builder and can no longer continue with employment?
If you have an eligible compensation claim for amputating the wrong leg then you may be able to claim for loss of earnings from being unable to work as part of this claim. However, the likelihood of your claims success will be based on whether or not it will be possible to establish who the negligent party was with regards to your amputation of the wrong leg. Despite that fact that there was a clear demonstration of negligence, a claim cannot be made unless there is a negligent party to make the claim against.
With medical negligence it is not always the surgeon involved who is to blame; it could be any member of the medical team such as a nurse, technician or even an administrator who provided one of the medical professionals with the wrong information. Establishing who may have been negligent can be complicated, so it is in your best interest to contact a personal injury claims solicitor with experience in dealing with wrong leg amputating injury claims as soon as it is convenient. They will be able to evaluate your claim, find out if negligence can be established with the help of an independent medical expert and advise you of whether or not it is worth your while proceeding with a claim.
If your claim has sufficient strength and the negligent party admits liability, then the value of your compensation claim for amputation of the wrong leg settlement will begin to be calculated. Numerous factors will be taken into account, such as your age, sex, general state of health prior to amputation of the wrong leg, the pain and suffering you have endured and the impact it has had on your quality of life. This will be taken into consideration in combination with a base value that will have been obtained from the Judicial College Guidelines for the Assessment of General Damages, which is a publication which lists a variety of injuries and their individual claim values based on their permanency and severity.
You mention how your amputation has left you unable to work; this will most likely be taken into account in the areas of personal injury claims known as “Special Damages” and “Loss of Amenity”. Special damages compensates for the financial impact that an injury has had on a person’s life. Therefore, the financial losses you have experienced from being unable to work now and in the future will be covered, in addition to any medical expenses or of any changes you have had to make in your daily life that have incurred cost. Loss of amenity will take into account any non-financial changes that you have made in your life due to your injury and also if this has affected you psychologically. For instance, if being unable to work has left you feeling anxiety or worry then this could be compensated for. If you have been having feelings of emotional trauma you should try to speak with a councillor as they will be able to diagnose any psychological injury, which will also help to strengthen your wrong leg amputating injury claim.
Only your solicitor will be able to inform you of the viability of your compensation claim for amputating the wrong leg and whether or not your will be able to claim for being unable to work as part of this, so it is recommended that you make an appointment for consultation with one at the first possible moment.