Leg injury & amputation claim
Factors affecting the compensation
Source: The Personal Injuries Guidelines
In the evaluation of compensation awards for other leg injuries, several key factors are taken into account. These factors include:
- Age
- Scarring
- Nature, intensity, and duration of pain
- Type, scope, and duration of all necessary treatments, e.g., surgery, physiotherapy, medication;
- Presence or likelihood of degenerative changes
- Restricted movement or instability in the relevant joint
- Impact on quality of life and recreational pursuits
- Disruption of social and domestic routines
- Effect on employment
- Extent of scarring
- Psychological aftermath
- Future prospects
Compensation amounts
Source: The Personal Injuries Guidelines
1. Most severe non-amputation leg injuries (€100,000-€160,000)
Certain injuries, though not involving amputation, are so serious that the courts have granted damages at a comparable level.
These injuries might involve extensive de-gloving of the leg, causing significant shortening of the leg, or instances where fractures have not fused, and extensive bone grafting was needed.
2. Severe leg injuries (€90,000-€130,000)
Injuries causing permanent mobility issues, necessitating crutches or mobility aids for the claimants lifetime.
Injuries resulting in prolonged fracture healing, necessitating extensive treatment and leading to substantial deformity and reduced movement, or where arthritis has developed in a joint requiring anticipated surgical intervention.
3. Serious leg injuries (€75,000-€100,000)
Severe compound or comminuted fractures or injuries to joints or ligaments resulting in instability, protracted treatment, a prolonged period of non-weight bearing, with a high likelihood of ensuing arthritis, along with noticeable scarring.
To warrant an award within this range, a combination of these features is typically required. Mobility capacity is generally markedly restricted.
This category also includes injuries necessitating hip replacement due to ongoing or projected deterioration.
4. Moderate leg injuries (€50,000-€75,000)
This bracket encompasses cases featuring complex or multiple fractures or severe crush injuries, generally confined to a single limb.
5. Less severe leg injuries (€25,000-€50,000)
less severe fractures resulting in incomplete recovery or serious soft tissue injuries.
In fracture cases, the individual would have experienced reasonable recovery but might retain a metal implant and/or a limp, diminished mobility, sensory loss, or discomfort.
This range also applies to situations involving significant cosmetic deficits, functional limitations, and/or some nerve damage in the lower limbs due to serious soft tissue injuries.
6. Minor leg injuries (€500-€20,000)
- Simple femur fracture without articular surface damage.
- Basic tibia or fibula fractures or soft tissue injuries. Toward the upper end of this range are uncomplicated fractures causing ongoing mild symptoms and/or movement limitations. The lower end covers cases of complete recovery from simple fractures.
- Diverse soft tissue injuries, cuts, lacerations, bruising, or contusions that have fully or nearly completely healed, with any residual impairment being minor, including cosmetic issues.
- Similar to (iii) above, all symptoms have resolved within six months.
Leg amputation
Factors affecting compensation amount
Source: The Personal Injuries Guidelines
Several factors will impact the awarded amount for amputation cases, including:
- Age
- Location of the amputation (above or below the knee)
- The potential for prosthetics to restore functionality
- The extent and intensity of ongoing pain, including phantom pain
- Implications for independence
- Presence of any post-amputation effects, such as back pain or the risk of degenerative changes in the hips and spine
- Impact on leisure activities and quality of life
- Disruption of social and domestic routines
- Influence on relationships
- Effects on employment
- Psychological consequences, including depression
Compensation amount
Source: The Personal Injuries Guidelines
- Loss of both legs (€280,000-€400,000)
- Below knee amputation of both legs or feet (€200,000-€300,000)
- Above knee amputation of one leg (€120,000-€160,000)
- Below knee amputation of one leg or amputation of one foot (€100,000-€140,000)
Cause of leg injury
In Ireland, leg injuries and amputation claims can arise from various incidents, including but not limited to:
- Road traffic accidents involving cars, motorcycles, bicycles, and pedestrians
- Workplace accidents, such as construction site mishaps, industrial incidents, or slips and falls
- Accidents on public or private premises, such as slips, trips, and falls
- Sports-related injuries, especially in high-contact or high-impact activities
- Medical malpractice or surgical errors that lead to severe leg injuries or complications necessitating amputation
- Defective products or equipment that result in leg injuries or the need for amputation
- Accidents involving heavy machinery or equipment
- Falls from heights, such as scaffolding or ladders
It’s important to note that the circumstances leading to leg injuries and amputations can vary widely, and the cause will influence the legal process and compensation claims.
Claim process
1. Seek assistance from a leg injury claim solicitor
Our team of experienced leg injury and amputation claim solicitors can guide you through every stage of the claims process. Obtaining legal advice at an early stage can help ensure that the necessary evidence is preserved and that your claim is presented as effectively as possible.
2. Submit an application to the Injuries Resolution Board (IRB)
Most personal injury claims in Ireland must first be submitted to the Injuries Resolution Board (IRB) before court proceedings can be commenced. This requirement applies to many types of personal injury claims, including:
Medical negligence claims and certain other categories of claims are exempt from the IRB process and may proceed directly through the courts.
3. Gather supporting evidence
Your solicitor will obtain the documentation required to support your claim. This may include:
- Medical reports
- Hospital records
- Expert reports where necessary
- Photographs and accident reports
- Evidence of financial losses and expenses
The strength of the supporting evidence is often a key factor in the successful resolution of a leg injury claim.
4. Notification to the respondent
Once the application has been submitted, the Injuries Resolution Board will notify the respondent and provide an opportunity to consent to the assessment process.
If consent is provided, the claim will proceed through the IRB assessment process.
If consent is refused, the IRB will issue an Authorisation, allowing court proceedings to be commenced.
5. Assessment and resolution
The Injuries Resolution Board will assess the claim based on the available evidence, including medical reports and details of financial losses.
If both parties accept the assessment, the claim can be resolved without court proceedings.
If either party rejects the assessment, the claimant may proceed with legal proceedings through the courts.
Every leg injury claim is different, and the time required to resolve a claim will depend on factors such as the severity of the injury, the availability of medical evidence, and whether liability is disputed.
Statute of Limitations
You have two years from the accident date within which to issue proceedings. If you are under 18, a separate set of rules apply, and we would recommend you contact our solicitors to discuss these. To learn more about the statute of limitation for a leg injury claim, click here.
Frequently Asked Questions
What legal basis exists for a leg amputation compensation claim in Ireland?
In Ireland, a leg amputation claim is typically grounded in the law of negligence under the Civil Liability Act 1961.
The claim requires establishing that the person or organisation responsible for the accident owed the injured party a duty of care, that the duty was breached, and that the breach caused the amputation or the injury that led to it.
Where the amputation arose from a workplace accident, the claim may also rely on specific duties under the Safety, Health and Welfare at Work Act 2005.
Where a vehicle was involved, the claim may be against the at-fault driver’s insurer or, in the case of an uninsured driver, the Motor Insurers’ Bureau of Ireland (MIBI).
How are future losses calculated in a leg amputation claim in Ireland?
In Ireland, future losses in a leg amputation claim are calculated by reference to actuarial evidence, which takes into account the claimant’s age, pre-injury earnings capacity, career trajectory, and the extent to which the amputation has impaired or ended their capacity to work.
The actuarial calculation produces a present-day lump sum representing the capitalised value of future income loss.
Future care costs, including prosthetic limb provision, maintenance and replacement, home adaptations, nursing support, and occupational therapy, are also quantified and recovered as part of the claim.
Can I claim for the cost of a prosthetic limb and rehabilitation as part of an amputation claim?
In Ireland, the cost of a prosthetic limb, its fitting, and ongoing maintenance and replacement over the claimant’s lifetime is recoverable as part of a leg amputation compensation claim.
Prosthetic limbs need to be replaced at intervals as technology advances and as the residual limb changes, and this ongoing cost must be factored into the actuarial calculation.
Rehabilitation costs, including physiotherapy, occupational therapy, and psychological support, are also recoverable.
An occupational therapy report and expert evidence on prosthetics are typically required to support this head of claim.
Is there a time limit for bringing a leg amputation claim in Ireland?
In Ireland, the general time limit for bringing a personal injury claim, including a leg amputation claim, is two years from the date of the accident, under the Statute of Limitations (Amendment) Act 1991.
The “date of knowledge” rule means the clock runs from when the person first knew, or ought reasonably to have known, that the injury was attributable to the accident.
For catastrophic injuries, where the claimant may have been incapacitated at the relevant time, it is important to obtain specialist legal advice on when the limitation period began to run.
What expert evidence is needed to support a serious leg injury or amputation claim?
In Ireland, an amputation or catastrophic leg injury claim will typically require expert evidence from:
- An orthopaedic surgeon or vascular surgeon assessing the injury and its consequences;
- A prosthetist or biomedical engineer addressing prosthetic requirements; an occupational therapist assessing functional capacity and home adaptation needs;
- A vocational assessor considering the impact on the claimant’s work capacity; and
- An actuary to quantify future financial losses.
A consultant psychiatrist may also be required to address the psychological impact of permanent limb loss. The breadth and quality of this evidence is central to the value of the claim
