Amputation Claims in Ireland

Losing all or part of a limb affects mobility, work and independence, and brings prosthetic costs for the rest of a person's life. This page explains how amputation claims work in Ireland and the evidence they rely on.

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  • No upfront fees required
  • Clear written terms before you go ahead
  • Regulated by the Law Society of Ireland
No Win No Fee explained

What is an amputation claim?

An amputation claim is a claim for the loss of a limb, or part of one, caused by negligence.

Some amputations are traumatic, where the limb is severed or crushed at the scene: a hand drawn into unguarded machinery, a farm worker caught by a power take-off shaft, or a motorcyclist's leg crushed in a collision.

Others are surgical, where a limb that cannot be saved is removed after a crush injury, a severe infection or a loss of blood supply.

Surgical amputations sometimes raise medical negligence questions. Examples include compartment syndrome not recognised after a fracture, a foot ulcer in a person with diabetes not treated in time, or a blocked artery that was not identified.

What medical evidence does an amputation claim need?

An orthopaedic or vascular surgeon reports on the injury, the level of amputation and any risk of further surgery.

A consultant in rehabilitation medicine and a prosthetist set out the prosthetic limbs needed over a lifetime, how often each must be replaced and what they cost.

A consultant in pain medicine may report on phantom limb pain or pain in the stump, and a psychologist on adjusting to limb loss.

Pedestrian Accident Claims

Work, road and medical amputation claims

Most traumatic amputations happen at work or on the road. Those claims start at the Injuries Resolution Board, after a letter to the person at fault within one month under section 8 of the Civil Liability and Courts Act 2004.

For a machinery injury, the employer's duties under the Safety, Health and Welfare at Work Act 2005, and the rules on the use of work equipment in Part 2 of the General Application Regulations 2007, are central. Read how the Injuries Resolution Board works.

An amputation caused by delayed or poor medical care is a medical negligence claim and goes through the courts.

The claim is valued once the stump has healed and the person has used a prosthesis for a while, because only then can the prosthetist and rehabilitation consultant say what will work in the long term.

What can an amputation claim cover?

  • General damages under the Personal Injuries Guidelines, which consider the level of amputation, ongoing and phantom pain, and how far a prosthesis restores function
  • Prosthetic limbs, including spare and activity limbs, with replacements for life
  • Physiotherapy, gait training and pain management
  • Home adaptations and an adapted car
  • Help with care and household tasks
  • Lost earnings and retraining
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How It Works

How a Claim Works in 3 Steps

Starting a legal claim is an important decision, so we explain what to expect from the beginning. Here’s how our process works in just three clear stages:
1

Contact Our Team

Contact us through our enquiry form, phone, or email. We’ll review your situation, answer your questions, and explain what to expect next. There’s no upfront fee to begin your claim.

2

Get Clear Legal Advice

Your case will be carefully reviewed by our legal team.

We assess the strength of your claim, advise on the documentation needed, and guide you through key steps such as attending an independent medical examination and preparing the information required for the Injuries Resolution Board (IRB).

3

Going Ahead With Your Claim

Once you decide to move forward, we take care of everything. This includes gathering evidence, contacting the other party or their insurer, submitting your claim to the IRB, managing settlement discussions, and handling any court proceedings if needed.

A person with a plaid shirt works on a laptop at a desk. Their right hand is in a cast, holding a pen. The setting is a bright, modern office space.
The legal term ‘No Win No Fee’ is used to describe how solicitors take on a case where they pay the costs of the litigation.

Solicitors in Ireland who operate on this basis pay all legal costs associated with the personal injury case.

In most cases, clients would not be in a position to fund the cost of litigation, so it is usual for a personal injury and medical negligence firm to operate on a 'No Win No Fee' basis.

It should be noted that there is no prohibition on solicitors in Ireland undertaking work on a no win no fee basis, and solicitors are perfectly entitled to offer their services on a no win no fee basis.
Talk to Us About Your Options

How we handle amputation claims

Paul Kearney founded the practice and leads its personal injury work in Ireland. He is regulated by the Law Society of Ireland. Read Paul's profile.

We prepare your application to the Injuries Resolution Board, including the medical evidence, and advise you on any assessment before you decide whether to accept it.

You can meet us at any of our four offices, or deal with us by phone, email or video, wherever you live in Ireland.

There are no upfront fees. Before you go ahead, we set out in writing how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. No Win No Fee explained.

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What Our Clients Say

Our clients’ experiences reflect the dedication, professionalism, and results-driven approach of our team.

Serving Clients Across Ireland

Whether you prefer an in-person consultation or remote support, our team is ready to assist you wherever you are in Ireland.

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Tell us what happened and a member of our team will be in touch to explain your options. There are no upfront fees and no obligation to go ahead.

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FAQS

Amputation claims in Ireland: FAQs

A prosthetic limb wears out and must be maintained and replaced throughout life, and many people need more than one, such as an everyday limb and one for water or sport.

The prosthetist's report sets out the type of limb, the replacement cycle and the cost of each, and the claim covers that over the person's expected lifetime.

Yes. The Personal Injuries Guidelines list the extent and intensity of ongoing pain, including phantom pain, as a factor in leg amputation awards, and ongoing pain is also a factor for arm amputation.

A report from a consultant in pain medicine describes the pain, the treatment tried and the outlook.

Yes. The Personal Injuries Guidelines have separate categories for the total and partial loss of individual fingers, the thumb and toes, as well as arms and legs.

The effect on grip, balance and work is looked at closely, and for an arm, whether the dominant side is affected.

The claim covers the whole history, including the operations to try to save the limb.

If the later amputation followed delayed or poor treatment, there may also be a medical negligence claim, which needs an independent vascular or orthopaedic surgeon's view on whether earlier action would have saved the limb.

Usually the employer, who must make sure machinery is suitable, guarded and maintained, and that only trained workers use it, under the Safety, Health and Welfare at Work Act 2005 and the General Application Regulations 2007.

Others, such as a contractor who maintained the machine, may share liability. See accidents at work.

Often. After a leg amputation, many people need an automatic car, and some need hand controls or a left-foot accelerator. A driving assessment and quotes for the adapted vehicle form part of the losses claimed, along with the cost of replacing it over time.

An occupational therapist or employment consultant can assess what work is realistic with a prosthesis. The claim covers lost earnings, the shortfall if you can only do lighter or part-time work, and the cost of retraining.

Two years from the accident, or from the date of knowledge if later, under the Statute of Limitations (Amendment) Act 1991. Where the amputation followed medical treatment, the date of knowledge may be when you learned the limb could have been saved with earlier care.

No. There are no upfront fees. Before you go ahead, we give you clear written terms explaining how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. Read No Win No Fee explained.

*In contentious business, a legal practitioner may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with section 149 of the Legal Services Regulation Act 2015 and the Legal Services Regulation Act 2015 (Advertising) Regulations 2020 (S.I. No. 644 of 2020).
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