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Limb Loss Association Legal Fact Sheet



Have I got a case for compensation?

To be able to bring a claim for compensation for your injuries, another party must be responsible for what has happened to you. Compensation is not available where what has caused your injuries was an unfortunate 'accident' where no one can be considered blameworthy.

There are three simple steps that need to be considered before a claim for compensation can be raised:

  1. The first is to establish who was responsible
  2. The second is to establish that you were owed a duty of care
  3. The third is to establish that that duty, was breached and that you have suffered injury/loss as a result.

It may be the case that you do not know the identity of who caused your accident. For example you may have been the victim of a criminal incident, or of an untraced motorist. These are the two exceptions where lack of knowledge as to identity, will not necessarily be a bar to you proceeding with a claim for compensation.

What has happened to you may be partly your fault, for example if you were involved in a road traffic accident, it may be the case that you were partly responsible or perhaps your injuries were contributed to because you were not wearing a seatbelt. This does not mean that you cannot bring a claim for compensation but it may mean, that the overall value of the claim is discounted to reflect what is called 'contributory negligence' on your part.

The Law does set time limits within which a claim for compensation may be raised. The general time limit is 3 years and if legal proceedings have not been issued by the 3rd anniversary of the accident or incident which caused your injuries, you will not be able to progress a claim. In some circumstances the time limit is shorter than this so it is absolutely vital that you seek legal advice at the earliest opportunity.


How does compensation work and what can I claim for?

Subject to proving that your injuries have been caused by the negligence or wrongful act of a third party, you will be able to recover compensation for the injuries that you have suffered. In most cases, reports will have to be obtained from appropriate medical specialist which will consider the injuries, any medical treatment you have had and may need in the future, and the long term prognosis.

In addition to compensation for the injuries themselves, you will also be able to recover monies for your past and future losses which could encompass a wide range of matters to include loss of earnings, accommodation costs (if for example your injuries require your home to be adapted or for new accommodation to be sought) aids and equipment, cost of medical treatment and travel expenses. If you have suffered an injury or you are thinking of making a claim for compensation, keep a diary of your expenses and all of your receipts, as it will be difficult when time has passed, to remember things like medical appointments and the costs that you have incurred for treatment or travel etc.

There are certain set procedures and guidelines that have to be adhered to in personal injury and clinical negligence cases so it is always best to seek legal advice, before making contact with the party responsible for your complaint.


How will I pay for my legal case?

There are a range of ways in which your legal case may be 'funded'. If you are thinking of contacting a Solicitor try to establish before your first meeting or full discussion about your case, if you have the benefit of some form of insurance or access to assistance with your legal costs. For example, you may be a member of a trade or other membership organisation or you might have the benefit of a legal expenses policy linked or attached to your home or contents insurance policy.

Always check with any motor policy you might have to see if there is any legal expenses benefit attached and have a look at your credit cards to see if there is any benefit available to you as a cardholder.

If you have no form of legal expenses insurance or other access to the services of a specialist solicitor, depending on the facts of your case, your Solicitor may be able to offer to act for you under a Conditional Fee Agreement which is more commonly known as 'No Win, No Fee'.

In any event, it is very important that you make sure you clearly understand the detail of the funding arrangement you enter into with your Solicitor and you should not hesitate to raise any questions that you have.

The Limb Loss Association has worked with the Panel law firms to ensure that good deals are available for the running of legal claims for members who go to one of their firms.


Do I need a specialist lawyer to act for me?

Many firms of Solicitors advertise their services and may have departments that act for people who have sustained injuries. It is however very important, that you seek the advice and assistance of a Solicitor who is a specialist in this area.

Claims for compensation following an injury are not always straightforward and it is vital that an expert is found especially if the matter is severe involving the loss of a limb/s, a head or spinal injury, or if the claim concerns potentially negligent medical treatment (often referred to as clinical negligence).

To help members who need to obtain legal assistance, the Limbless Association is working with five specialist law firms who have formed themselves together under the title 'the Limb Loss Legal Panel'. Those five firms are:-

  • Alexander Harris
  • Irwin Mitchell
  • Leigh Day & Co
  • Kester Cunningham John
  • Russell Jones and Walker

The five firms are acknowledged specialists at dealing with cases involving those who have lost limbs. The Panel meets quarterly with the Limbless Association as a part of keeping the Association up to date with legal issues and also to ensure the Panel members have a forum for considering scientific and legal issues of mutual concern. In this way the partnership between the Panel and the Association is one that is developing to the benefit of members of the Association.

The Limbless Association has entered into a relationship with the Panel whereby they advertise their services through its various outlets and in return the firms pay to the Association an annual, sizeable donation, which is helping to ensure the Association can provide a good quality service to all its members. This arrangement between the Association and the Panel is operated in accordance with the Solicitors Introduction and Referral Code 1990.

It should be made clear that those needing legal advice are totally at liberty to choose another solicitor to advise in relation to their case and a suitable Solicitor may be identified by contacting the Law Society.