Amputation claim
If you have suffered the traumatic loss of an arm or a serious arm injury because of someone else’s negligence, you may be entitled to bring an amputation claim in Ireland.
An amputation can have a profound impact on every aspect of your life, affecting your ability to work, maintain your independence, and carry out everyday tasks.
At Coleman Legal LLP, our experienced solicitors can guide you through every stage of your amputation claim while you focus on your recovery and rehabilitation.
Considerations affecting compensation
Source: Personal Injuries Guidelines
When assessing an amputation claim, the following factors are considered:
1. Age
The injured person’s age is relevant, as younger individuals may experience the effects of the injury for many years.
2. Pain intensity
The severity and duration of pain resulting from the injury are considered.
3. Level of amputation
The level of amputation significantly affects compensation, reflecting the impact on function, mobility and independence.
4. Dominant arm
Whether the dominant arm has been amputated is an important consideration, as it usually has a greater effect on daily living and employment.
5. Potential for prosthetic use
The extent to which prosthetic technology may restore function is taken into account.
6. Treatment requirements
The type, extent and duration of treatment, including surgery, rehabilitation, physiotherapy and ongoing medical care, are considered.
7. Cosmetic impact
Visible scarring and changes in appearance are recognised due to their psychological and social impact.
8. Impact on employment
Compensation considers the effect of the injury on earning capacity and future employment prospects.
9. Quality of life
The impact on hobbies, leisure activities and normal daily living is assessed.
10. Loss of independence
Any reduction in the ability to care for yourself or perform routine activities is considered.
11. Psychological effects
Depression, anxiety, post-traumatic stress disorder and other psychological injuries arising from the amputation are also taken into account.
Compensation amount
Source: Personal Injuries Guidelines
The Personal Injuries Guidelines provide compensation ranges for amputation claims based on the severity of the injury.
1. Amputation of an arm
Loss of both arms (€300,000 – €475,000)
Loss of one arm
- Amputation at the shoulder (€140,000 – €230,000)
- Above-elbow amputation (€120,000 – €175,000)
- Below-elbow amputation (€100,000 – €150,000)
2. Other severe arm injuries
3. Injuries with limited arm use (€100,000 – €150,000)
Permanent and significant restriction of arm function.
4. Injuries with permanent substantial disability (€50,000 – €100,000)
Including serious forearm fractures with lasting disability.
5. Moderate arm injuries (€20,000 – €50,000)
Significant injuries with substantial recovery but ongoing symptoms.
6. Minor arm injuries (€5,000 – €20,000)
Simple fractures and soft tissue injuries with good recovery but requiring significant treatment or a prolonged recovery period.
Amputation claim process
Contact an amputation claim solicitor
Our experienced solicitors will assess your circumstances, explain your legal options and prepare your amputation claim.
Application to the Injuries Resolution Board (IRB)
Most workplace accident, road traffic accident and public liability amputation claims must first be submitted to the Injuries Resolution Board (IRB).
Medical negligence claims are excluded from the IRB process.
Gather medical evidence
Your solicitor will obtain:
- Medical reports
- Hospital records
- Consultant reports
- Rehabilitation reports
- Prosthetic assessments
- Evidence of financial losses
These documents are submitted in support of your amputation claim.
IRB assessment
The IRB will notify the respondent, who has 90 days to consent to an assessment.
If consent is provided, the IRB will assess the claim using the Personal Injuries Guidelines.
If consent is refused, the IRB will issue an Authorisation allowing court proceedings to commence.
Resolution of the claim
If both parties accept the IRB assessment, an Order to Pay is issued.
If either party rejects the assessment, your solicitor can proceed with court proceedings while continuing to pursue your amputation claim.
Statute of Limitations
In most cases, an amputation claim must be commenced within two years less one day from the date of the accident or the date of knowledge.
Different limitation periods apply where the injured person is under 18 years of age.
To learn more, please see our guide to the Statute of Limitations or contact our solicitors for advice.
Frequently Asked Questions
What compensation is available for arm amputation in Ireland?
In Ireland, compensation for arm amputation is assessed under the Personal Injuries Guidelines issued by the Judicial Council.
The guidelines provide compensation ranges of €300,000 to €475,000 for the loss of both arms.
Loss of one arm is assessed between €140,000 and €230,000 for shoulder amputation, €120,000 and €175,000 for above-elbow amputation, and €100,000 and €150,000 for below-elbow amputation.
These figures relate to general damages only. Additional compensation may be awarded for loss of earnings, prosthetic limbs, rehabilitation, future care and other financial losses.
Does it matter whether the dominant arm was amputated when assessing compensation?
Yes. The Personal Injuries Guidelines recognise that amputation of the dominant arm generally has a greater impact on employment, independence and daily activities.
As a result, injuries affecting the dominant arm may be assessed towards the upper end of the applicable compensation bracket.
Can I claim for the cost of a prosthetic arm in Ireland?
Yes. The reasonable costs of prosthetic limbs, including fitting, maintenance, rehabilitation and future replacements, may be recovered as special damages in an amputation claim. In significant claims, expert evidence is often required to calculate the lifetime cost of prosthetic care.
What is the time limit for an arm injury or amputation claim in Ireland?
Generally, an amputation claim must be commenced within two years less one day from the date of the accident or the date of knowledge.
Different rules apply where the injured person is under 18 years of age.
Can I claim for future loss of earnings following an arm amputation in Ireland?
Yes. If an amputation permanently affects your ability to work or reduces your future earning capacity, you may recover compensation for future financial losses.
Your solicitor will obtain employment records, tax documentation and expert evidence to calculate these losses accurately.
