Amputation claims: Looking forward to the rest of 2026

This is the second of two articles focusing on amputation claims.

The first part, looking back on 2025 can be read here. This second part looks ahead to the themes we expect to develop in 2026.

Increasing general damages

The new edition of the JC Guidelines is due to be released next month. Assuming the increases since the 17th edition reflect changes in the RPI over the two-year period between editions, data from ONS points strongly to increases in general damages of the order of 7.5% - 8.5% across the board.

We can therefore expect five figure increases to general damages in amputation claims.

Access to NHS prosthetics

As of September 2022, NHS England’s policy is to recommend multi-grip prosthetic hands as routine treatment for patients meeting certain criteria.

Despite this, a House of Lords debate last year laid bare the serious challenges facing amputees in England, particularly with regard to access to prosthetic care through the NHS. The discussion highlighted widespread delays, outdated prosthetics technology, workforce shortages, and regional inequalities in accessing NHS prosthetic services that continue to undermine patient outcomes.

To address these issues, NHS England is reviewing its clinical commissioning policy for multi-grip upper limb prostheses. This is intended to inform new guidance aimed at reducing delays and improving outcomes. Although the review was expected to be completed by summer 2025, it is still awaited. When the results of the audit are finally available, we can expect wider NHS adoption of more advanced prosthetics on a timely basis. This may help reduce future losses for prostheses in catastrophic injury claims. However, this will depend on how uniformly and reliably the NHS adopts new technology since broader financial and structural pressures will inevitably continue to act as barriers.

Nevertheless, as NHS England hopefully embraces new technologies and continues to update its prosthetic guidance, courts may use these documents as benchmarks for reasonable prosthetic provision and as evidence of replacement cycles and rehabilitation expectations.

Improving technology

A news article from October 2025 reports on the first NHS patient to be fitted with the world’s most advanced bionic multi-grip arm, the Hero PRO. He described the grip as much stronger, more comfortable and more practical than his previous “big claw” prosthesis.

If the aim of NHS England is to continue improving outcomes, we can expect an increasing number of patients to start trialling these advanced bionic limbs so they start to become mainstream products. Feedback from NHS patients is likely to lead to technological developments.

For example, a feature of bionic limbs such as the Hero PRO is the ability for the hand to clip out. This means it can be swapped for cycling or gymnastics attachments. There is even one for building Lego. We can expect attachments for additional activities to be developed in the future, which could lead to more expensive and unusual prosthetic claims. Where the costs of these are sought for on a private basis, it will be important to properly scrutinise whether they have been properly trialled by claimants and are reasonably justified.

Artificial intelligence will continue to have a major influence as it enables more natural movements of prostheses. This combined with more advanced neurological interfaces will help to close the gap between intention and action, leading to devices which are becoming increasingly intuitive. Ongoing research will make mobility more personalised and natural through AI, neurotechnology and sensor technology. Whilst this may increase the costs of prostheses, increased function should also reduce care claims and enable more people to return to work.

In our previous article, we commented on how combat injuries in the Ukraine war have led to the development of a prosthetics sector where advanced limbs are being produced at lower costs. There is current uncertainty regarding the Iran war and if this escalates to the point where US boots end up on the ground in a protracted conflict, it may continue to drive innovation.  

Conclusion

Looking ahead to the remainder of 2026, developments in prosthetics, rehabilitation pathways and the evidential landscape will continue to shape both the value and complexity of amputation claims. The interaction between advancing technology and evolving NHS provision will be a key area of focus, particularly as parties seek to define what constitutes reasonable and necessary provision in a rapidly changing environment.

Our Amputation SMG remains closely engaged with these developments, bringing together insights from across our catastrophic injury practice to monitor trends, test emerging issues and support clients with practical, forward-looking strategies. This includes ongoing collaboration with insurers around claims handling approaches, evidential challenges and cost control in high-value cases.

We will also be continuing the conversation through a series of upcoming events later this year, including our upcoming Casualty Conference 2026 which will be held in both Manchester and London. These will provide a forum to explore the latest developments in more detail and share insight across the market.