£2 Million Compensation Payout For A Broken Back – Case Study & A Guide To Calculate Compensation

A broken back is a severe, potentially life-changing injury. If this happens to you, you may seek legal advice about how to claim compensation for a broken back. This guide provides an example case study for a £2 million payout for a broken back injury. In the process, it will explain general damages and special damages, along with our No Win No Fee service.

In the meantime, speak to our expert team, and they’ll put you in touch with our panel of personal injury lawyers to handle your claim. You can telephone us on 0800 408 7826, or you can use either our Live Chat service or our contact form. Our team is available 24 hours a day, 7 days a week.

Find out more by clicking the headings below.

broken back compensation payout case study

Choose A Section

  1. A Guide To Broken Back Compensation Payouts
  2. What Is A Fractured Vertebrae?
  3. The Financial Repercussions Of Spinal Injuries
  4. Common Ways Back Fracture Accidents Can Happen
  5. Add A Care Claim To Your Vertebral Fracture Settlement
  6. What Adds To Compensation Value?
  7. Case Study: £2 Million For A Broken Back
  8. Compensation Calculation Estimates
  9. No Win No Fee Compensation For A Broken Back
  10. The Best Personal Injury Lawyer To Start Your Claim
  11. How We Can Help
  12. References

A Guide To Broken Back Compensation Payouts

You could make a personal injury claim if your back is broken in an accident that wasn’t your fault. The claim would be fought on the basis that another person and/or organisation has breached their duty of care to you. This guide covers negligence claims, along with:

  • A breakdown on broken back injuries
  • The financial impact of a broken back
  • Typical injury situations
  • Care claims
  • General and special damages
  • An example case study for a £2 million compensation payout
  • How we calculate your compensation
  • Our No Win No Fee service and how to find the best personal injury solicitor

There is a personal injury claims time limit that applies to all cases. From the date you broke your back, you have 3 years to make a claim. A close relative or another appointed representative, known as a litigation friend, can handle a claim for a child (under the age of 18) or someone who lacks the mental capacity to claim too.

To learn more about the claims process, talk to our expert team today.

What Is A Fractured Vertebrae?

A fractured vertebra is when any level of the spinal column shows signs of pain, swelling or a deformity in its shape. In serious cases, you may see a bone poking through the skin. And in severe cases, there could be a snapping or grinding noise upon the impact of a vertebral fracture. A spinal fracture could have major long-term repercussions on your mobility, depending on the severity of the injury.

If you suffer a broken back in an accident, you must meet 3 criteria to make a negligence claim:

  • The defendant owed you a duty of care
  • But that duty of care was breached, causing an accident
  • And the accident resulted in you being injured, perhaps leaving you with a broken back. 

We can assist you with a personal injury claim in any of the following three situations. One of these is employers’ liability (EL), which covers an accident at work. The Health and Safety at Work etc. Act 1974 states an employer should so far as reasonably possible uphold all employees’ health, safety and wellbeing. If your employer breaches this duty, such as by not maintaining plant machinery, and you suffer an injury as a result, you could have the option to make a broken back at work claim. This means any compensation would be considered a work injury payment.

Alternatively, there is public liability (PL), which covers any accidents in public places. The Occupiers’ Liability Act 1957 imposes a duty of care on those in control of public spaces to keep those areas safe. You could make a public liability claim if you suffer a broken back accident in a public place. Public liability insurance may become a factor in one such scenario.

Finally, we have road traffic accidents (RTAs). The Highway Code says that drivers and other road users should uphold their duty of care towards each other. This extends to pedestrians and cyclists. A broken back suffered in a road accident could allow you to make a claim. It could be that such an accident causes multiple injuries with a broken back being one possible injury. Therefore, you could find yourself making a multiple injury claim, perhaps with a car accident lawyer.

Please find out more by getting in touch via telephone or our contact form.

The Financial Repercussions Of Spinal Injuries

A spinal injury could bring about major financial repercussions. In severe cases, your way of life changes instantly. Care costs suddenly come into play, and they could be very high. Medical costs could also be very significant, especially for long-term physical consequences. That doesn’t include modified transport and much more. 

We’ll discuss the financial impact in greater detail when we explain general damages and special damages. In the meantime, telephone us via the number at the top of the page for guidance.

Common Ways Back Fracture Accidents Can Happen

With employers’ liability cases, a broken back would be a tragic incident indeed. The HSE reported 581,000 workplace accidents in 2018/19, and a broken back would fall into that category. For example, a poorly trained forklift truck driver may cause an incident in which heavy items fall on top of a colleague, leading to a broken back injury. 

For public liability cases, a fall or slip could easily lead to a broken back injury. Something as innocuous as slipping on ice in a car park that ought to have been gritted could leave you with such significant injuries. 

With regards to road traffic accidents, almost 2,000 cyclists were seriously injured in 2018 alone. You can only imagine how many of those involved back injuries, and how many might have been very serious. Please speak to our panel of personal injury lawyers as they could handle your own back fracture accident.

Add A Care Claim To Your Vertebral Fracture Settlement

Any additional care costs could make up a separate care claim under special damages. For a back injury, the extra time and effort of relatives looking after you would be an obvious example. And for severe back injuries, professional nursing costs could not only be a factor, but they could be very significant. 

If you had a pre-existing back condition, however, that couldn’t be included as part of your claim. If the accident accelerated an ongoing process, the claim value would decrease. If you had no prior back issues, however, then care costs could emphasise just how much your life has changed. 

Call us or use our Live Chat 24/7 to find out more about care claims.

What Adds To Compensation Value?

An independent medical examination is a primary factor contributing to the compensation value. The back injury you suffered could be comprehensively assessed and diagnosed, which is a requirement of the claims process. The medical expert that examines you will seek to confirm that your back injury was sustained in a manner consistent with the accident. 

They could also clarify that, if not for the accident, your condition may be very different. And they could confirm your projected long-term recovery period while considering any permanent damage caused by the accident. All of this influences the compensation amount, which is broken down into general damages and special damages.

General Damages

General damages are intended to compensate you for the pain, suffering and loss of amenity caused by the accident. This, therefore, covers the physical and psychological side of the injuries, as well as the impact it has had on your life as a whole. 

Special Damages

Special damages are particularly significant for serious back injuries. They cover medical costs that may be very high indeed, especially when considering any private treatment required. 

Public transport may become the new norm for victims, so receipts for buses and trains could be kept. 

Lost earnings from work and particularly the potential lost earnings if your career has been cut short could definitely be included here. Other costs could include required home adaptations to provide disabled access and any physiotherapy charges.

Learn more about general damages and special damages by telephoning us on the number at the top of the page.

Case Study: £2 Million For A Broken Back

Steve Johnson, 20, lives with his family. He has a girlfriend named Jennifer, 24, who works as a newly-qualified solicitor. They have been together for 18 months, and they eventually wish to start a family. Steve works as an advanced Level 3 building engineer apprentice in Croydon, and he is close to progressing towards a higher Level 4 apprenticeship with the organisation. In his spare time, he enjoys playing football and running.

One day, he was tasked with helping colleagues on the site of an apartment complex. He was guiding a crane at a height of three stories when the crane equipment malfunctioned and knocked him from the building, causing him to fall 25 feet to the ground. 

Steve was knocked unconscious, but he survived. However, his back was severely broken, and he was unable to move his upper extremities or his legs. He also suffered brain damage from the fall. The site manager and his colleagues immediately rushed to his aid. An ambulance was called, and he was taken to his local hospital.

Steve underwent emergency spinal fusion surgery. The operation was successful, though he was left paralysed from the waist down. After spending a significant period of time recovering at hospital, during which time he began using a wheelchair, Steve was eventually allowed to return home.

The relationship between Steve and Jennifer was seriously affected. She became his main carer while his parents continued their jobs to keep a roof above their heads, though he also required weekly professional care treatment moving forward. This meant she eventually had to give up her job altogether. It also created doubt about their ability to have children, since the paralysis impacted Steve’s sexual functions. The accident changed his social life forever, like football and running, his two main hobbies, were no longer possible.

As for Steve’s career, he was unable to complete his existing apprenticeship or advance to a higher level, and he would not be able to become an engineer on a full-time salary in the future. Given his age, the accident essentially removed decades of career possibilities. All of this left him deeply depressed, feeling that the accident had irreparably damaged his life.

After seeking legal advice, Steve filed a compensation claim against his employer. The claim was initially disputed by the insurance company of the employer, however, once it was established that no safety and maintenance checks had been made on the crane for over eighteen months and that it was indeed defective, Steve received a settlement of £2 million from the engineering firm’s insurance company, consisting of £440,000 in general damages and £1,560,000 in special damages.

Type Of General DamagesIncludes:How Much?
Paralysis/ParaplegiaCosts relating to the suffering of a back injury resulting in paralysis£240,000
Moderate Brain DamageCosts relating to an accident which resulted in significant brain damage£120,000
Severe DepressionCosts relating to the psychological impact of the accident, leaving the sufferer depressed£80,000

Type Of Special DamagesIncludes:How Much?
Past Loss of EarningsLost earnings from being unable to work for the remainder of a Level 3 apprenticeship£1,750
Potential LossLost earnings from a subsequent Level 4 apprenticeship followed by a full-time, well-paid role for the rest of his career£875,000
Partner's Potential LossLost earnings for the sufferer's partner due to her career being put on hold and the impact on their ability to start a family£125,000
Professional CareRegular professional care costs for the rest of his life£500,000
Medical ExpensesCosts of medical care relating to the accident and the sufferer's recovery£35,000
Additional CostsAdded costs relating to the impact on the sufferer's life, including home adaptations£18,750

The case of Mr Johnson is purely an example. It is based on our past experiences of handling and valuing claims and serves to illustrate how accidents can happen and how they are valued.

Compensation Calculation Estimates

Personal injury claims calculators don’t have a consistently high accuracy rate. So if you’re wondering “what is the average payout for a back injury?”, it could be a problem if you’re relying on a compensation calculator. 

That’s why we instead get to know about you and your circumstances, since extenuating factors may impact the final figure. At that point, we could provide a more accurate compensation calculation estimate. What’s more, this service is free, whether you pursue your claim or not. Please speak to our expert team today for more information about broken back compensation.

No Win No Fee Compensation For A Broken Back

Our No Win No Fee service could bring about numerous benefits for you. Chief to these is that you wouldn’t have to cover any costs incurred by your solicitor if you lost your case. Also, No Win No Fee means that:

  • No requirement to pay legal fees upfront
  • And no requirement to pay legal fees before or during the claim process

Should your claim win and you receive compensation, your solicitor would deduct a nominal percentage, which is known as a success fee. This amount is capped by law, so you won’t be losing anything significant from your settlement.

Having a No Win No Fee solicitor means less concern for claimants as they don’t have to find money to pay legal fees. You can contact our team 24/7 if you have any queries about using a No Win No Fee service.

The Best Personal Injury Lawyer To Start Your Claim

To get the best personal injury lawyer for your claim, you should consider several things. First, it would be best if you had someone who has a proven track record of success. The law firm should have plenty of positive client reviews that are easily accessible. And ideally they might specialise in cases concerning back injuries. 

Our nationwide service covers all forms of compensation claims. Make sure to settle for nothing but the best. You can speak to us today about your claim requirements and we can help remove all of the stress out of the process. First, we’ll discuss your case with you, and if we feel that you have good prospects of success, we can connect you with a No Win No Fee lawyer from our specialist panel who will get to work right away on your case.

How We Can Help

Our expert team can link you to our panel of personal injury lawyers covering any broken back compensation claims. From there, we can work towards building your case. To get in touch with us today, use the following methods:

Our call centre staff can handle your enquiry 24 hours a day, 7 days a week.

References

Thank you for reading our guide covering broken back compensation payouts. You can find out further information from the links below.

You can click here to read more about back injuries.

Click here for details on identifying broken bones.

For guidance on employment rights in the event of an injury, click here.

 

Guide by MA

Edited by RI