How is compensation for wrong arm amputation calculated?
Compensation for wrong arm amputation is likely to be calculated by taking into consideration a number of factors regarding the circumstances of the surgery in which the amputation was sustained, the pain and suffering endured during and after the procedure and also the impact it has had on your life as a result. The information provided here will merely be a general overview of how your final wrong arm amputation compensation claim settlement may be calculated; it is no substitute for the specific information that a solicitor who has knowledge of your particular situation will be able to present to you.
When a medical negligence claim settlement is being calculated it is generally done in reference to the Judicial College Guidelines for the Assessment of General Damages. This publication provides guidelines related to the value of certain injuries in accordance with how serious they are and whether or not they are permanent. If a particular injury cannot be found in the book, then the solicitors involved will calculate a claim value based on the settlements of previous injuries similar to that of the victim. When your claim for amputation for wrong arm injury is being calculated your age, sex and general state of health prior to having your arm amputated and any impact this injury has had on your quality of life will also be accounted for.
The pain and suffering you endured as a result of your amputation of wrong arm injury will be taken into consideration in the area of personal injury claim known as general damages. In addition to the pain and suffering you experienced during and after your operation, general damages will also account for how your amputation of wrong arm injury has caused any disability, loss of opportunity and the non-financial changes you have had to make to your life as a result. Since you have lost the use of your previously functioning arm it is likely that you will be unable to enjoy what were previously everyday activities and pastimes. This loss of enjoyment can often result in psychological distress and anxiety. This will also be accounted for when your wrong arm amputation compensation claim is being evaluated.
Special damages are the area of personal injury claim where you will be able to recover any financial losses or costs incurred as a result of your amputation injury. There are two parts to special damages — incidental special damages and consequential special damages. Incidental special damages refer to the more immediate costs that may be associated with trying to a remedy a medical negligence incident, so this would account for any professional medical treatment you received after the wrong arm was amputated. Consequential special damages cover many more possibilities. You could be compensated for loss of earnings and future earnings, any necessary household renovations that were made and also the cost of alternative transport if you previously drove.
It is in your best interest to contact a personal injury claims solicitor with experience in wrong arm amputations claims at the first possible moment. They will be able to give you all the information you need with regards to how compensation for wrong arm amputation may be calculated.