How long does my sister have to make a compensation claim for wrong finger amputation that has left her unable to work as an artist?
Your sister will have three years from the date of amputation to make a compensation claim for wrong finger amputation, in accordance with the UK Statute of Limitations. This legislation was introduced as part of the Limitation Act in 1980 in order to limit the amount of time potential claimants have to make a claim in order to ensure that claims are initiated while evidence from an accident is still recent, and also so that negligent parties will not have to be fearful of having claims being initiated against them at any time. The fact that your sister will not be able to work as an artist anymore does not affect the amount of time she has to pursue a claim, however it could be taken into account when her final claim for amputation of wrong finger settlement is being calculated.
When a medical negligence injury claim settlement is being calculated the Judicial College Guidelines for the Assessment of General Damages is consulted. This is a book which contains a list of various injuries and their compensation value based on their severity and how permanent they may be. If a certain injury is not on the list then the solicitors calculating a claim will examine previous settlements that are similar to the one they are dealing with to determine how much the claim could be worth. They will then take into consideration the age of the victim, their sex and general state of health prior to the negligence and the impact the injury has had their general quality of life both financially and psychologically. The latter of these are the areas in which your sister will be able claim for the financial losses associated with being unable to work as an artist any longer and also the emotional affect this change to her life may have had on her.
Although three years may seem like a sufficient amount of time to make a claim, it is still in your sister’s best interest to contact a personal injury claims solicitor with experience in wrong finger amputation injury claims at the first possible moment. If her claim is being made against the NHS then a letter of complaint will have to be written and sent within a year of the date that her wrong finger amputation was sustained. A solicitor will also have to gather evidence that will ascertain who was the responsible party for your sister’s injury. Additionally, there may be difficulties when it comes to negotiating how much compensation your sister is entitled to. Numerous factors such as the ones I previously mentioned can serve to lengthen the claims process so it is always wise to begin as soon as possible.
By contacting a solicitor today your sister will be able to put her mind at ease regarding the claims process and the amount of injury compensation she could be eligible to receive. If the solicitor deems her as having a considerable chance of success they may represent her in her compensation claim for wrong finger amputation.