£2m Compensation For A Serious Road Accident | Case Study
By Megan Black. Last Updated 1st August 2023. The panel of road accident solicitors at Legal Expert has successfully represented numerous serious road accident compensation cases. We have worked with clients across the country to help them recover from extremely serious injuries which occurred as a result of road traffic accidents.
In this serious road accident compensation case study, we are looking at a case where a 36-year-old man sustained serious injuries to his legs, resulting in the amputation of both legs below the knee. The claimant had been trying to help a driver who had broken down when he was hit by the defendant’s car. The impact of the crash caused severe trauma to both legs, as well as to his hips, lower back, a fracture to his collar bone and the dislocation of his shoulder. The case was resolved with damages of £2.75 million being paid to the claimant.
Please read on to learn more about potential car accident compensation examples and to have questions like “how long does a car accident claim take to settle?” answered. If you prefer, you can contact us for free legal advice using 0800 073 8804. You can also contact us online or by using the Live Chat bubble onscreen.
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Casualties on UK roads may happen more times than you think. Provisional figures from the Department for Transport show that, in the year ending June 2021, there were 1,390 road deaths with a total of 24,530 people killed or seriously injured.
Furthermore, there was a total of 119,850 road casualties of all severities. Whilst we’re unaware of how many of these injuries led to successful car crash compensation payouts, it does show that injuries on the road happen frequently.
Injuries resulting from the most serious road accidents include the following;
Head and back injuries: traumatic injuries to the head and the back are some of the most serious injuries people can sustain in a road traffic accident. They can result in injuries such as traumatic brain injuries, including commas as well as long-term cognitive problems. Serious back injuries have resulted in herniated discs and damage to the spinal cord.
Chest and neck injuries: whiplash can result in serious injuries and even paralysis of the vocal cords. More severe injuries can result in traumatic heart attacks (cardiac arrest) and damage to the internal organs.
Serious injuries and emotional consequences: other serious injuries can include ruptured organs, damaged tendons, broken bones and long-term emotional or psychological conditions.
All of these, as well as other, injuries, can have lasting and life-changing effects on people. Getting the compensation you deserve after a serious road accident is vital to helping you move on and rebuild your life. If you like, you can use our car accident compensation calculator on our website and have a compensation estimate for what you could receive in just a few minutes.
In this serious road accident compensation case, it was alleged that the defendant drove his car and struck the claimant, causing multiple serious injuries. It was alleged that the defendant was negligent and that he had failed to stay in control of his vehicle. The allegation went on to state that the collision was the cause of the serious injuries sustained by the claimant. The nature and severity of the injuries sustained to his legs, led to both of them having to be amputated.
Solicitors acting on behalf of the claimant went on to state that he would not be able to return to work as a direct result of the accident, and that as a further consequence, he would require constant care for the rest of his life. As well as not being able to return to work, the claimant would also need to have his home and vehicle adapted to account for his disabilities and future needs. Solicitors included both general damages for the specific injuries, as well as special damages to compensate for the man’s loss of future earnings and adaptations to their home, vehicle as well as medical care.
Car accident compensation, how long does it take? In this incidence, the case took longer than can sometimes be expected. The defendants’ solicitors alleged that the owner of the broken vehicle was either wholly or partially responsible for the accident. Part of the treatment was also delayed as a result of the allegation against the vehicle which had broken down.
What Car Accident Injuries Did The Claimant Suffer?
The claimant sustained their injuries as they were going to help the driver of a vehicle that had broken down. The defendant in this case then drove into him. The impact of the collision caused the claimant severe injuries. The injuries included severe, comminuted fractures to both of the man’s legs. He sustained further injuries to his hips as well as the lower back. Finally, the claimant also dislocated their shoulder and fractured a bone in his collar. Treatment for these injuries included several surgical operations. The injuries sustained to the claimants’ legs were too severe to repair and, ultimately, necessitated amputation. One leg was amputated below the knee and the other through the knee.
All-in-all to initially recover, the claimant had to stay for two-and-a-half months in hospital. After he was discharged, he required a further three months of initial rehabilitative treatment. Seven months after the end of the rehabilitation, the man had to return to the hospital and have a further operation on one of his legs. This added another month to his total hospital stay. After this, his rehabilitation continued and he started to use basic prosthetic limbs. Due to the complexity of the injuries sustained, these initial prosthetics were not successful and the claimant was only able to walk very short distances using them. Four years later, the claimant still could not walk very well or for long periods of time/distance. They persevered with further physiotherapy and tried more advanced prosthetics.
As well as the physical injuries, the claimant also suffered psychological injuries including anxiety, panic attacks and depression. Treatment for these conditions included psychotherapy, but more than four and a half years after the accident, the claimant still suffered these conditions. Before the accident the claimant was a type 2 diabetic, this changed permanently to a being type one diabetes as a direct result of the accident, requiring permanent insulin injections.
The Compensation Payout For The Car Accident
Before the accident, the claimant had been studying for a master’s degree whilst also working at a hotel chain. As a direct result of the accident and resulting injuries, the claimant was unable to continue with his previous everyday life. His care was provided by both his family and local authority. The claim also took into account that the claimant’s home was on the ground floor of a building and that several adaptations would be needed to help the claimant live comfortably. This case included a far higher than average compensation for car accident compensation claims.
In this case, the defendant did not admit liability for the accident and resulting injuries. However, compensation was still paid in full. The compensation award was broken down as follows;
£180,000 in general damages. These cover the immediate pain and suffering as well as the loss of amenity. £2,750,000 was awarded as special damages compensation. This was paid as an out of court settlement. The special damages included loss of current and future earnings, the cost of specialist (private) prosthetics, as well as adaptations to his home.
Car crash compensation payouts will vary depending on the nature and severity of the accidents. The amount awarded for a claim is determined according to guidelines produced by the Judicial College.
If you have been involved in a serious road accident, there are certain eligibility criteria that you must meet to be able to make a personal injury claim. These are:
- Another road user must have owed you a duty of care.
- This road user breached their duty of care.
- Due to this, you were injured.
Road users owe each other a duty of care under the Road Traffic Act 1988 (RTA). Per their duty of care, they must adhere to the rules and regulations set out in the RTA and the Highway Code, as well as navigate the roads in a way to avoid causing harm and injury to themselves and others. If another road user were to breach their duty of care, and this caused you to become injured, you may be able to make a car accident claim.
Furthermore, if you meet the above eligibility requirements, you must also ensure that your personal injury claim is started within the correct limitation period. Under the Limitation Act 1980, you will have 3 years to start legal proceedings from the date the accident occurred. However, there are certain exceptions that may apply to this time limit.
To learn what these exceptions are or to learn more about making a car accident compensation claim, you can contact our advisors.
It’s difficult to provide car accident compensation examples as every claim is unique. The case study described above is a particularly awful and severe one. Car crash compensation payouts are based on many factors, including the severity of your injury and the degree to which it has negatively impacted your life.
Compensation brackets are created by the Judicial College to provide you with a better idea of what you could receive. However, please remember that the values below only provide insight into what you could receive.
Type of Injury Severity Bracket of Compensation Symptoms of Injury
Neck Severe (ii) £61,710 to £122,860 Serious fractures or cervical spinal disc damage can cause substantial loss of neck movement and loss of function in at least one limb.
Brain Moderate (i) £140,870 to £205,580 Personality change, intellectual deficit of a moderate to severe extent, an effect on senses, sight and speech as well as a significant epilepsy risk.
Shoulder Serious £11,980 to £18,020 Shoulder dislocation or lower brachial plexus damage causing shoulder and neck pain that can lead to symptoms such as grip weakness.
Arm Simple £6,190 to £18,020 Forearm fractures that are simple in nature.
Brain Moderate (iii) £40,410 to £85,150 Concentration and memory are negatively impacted, with the ability to work being reduced and a small epilepsy risk.
Back Minor (i) £7,410 to £11,730 Less serious sprains, strains, soft tissue injuries or disc prolapses that recover to within nuisance level without surgery within two to five years.
Elbow Moderate or Minor Up to £11,820 Tennis elbow syndrome, simple fractures and lacerations where no permanent damage is caused.
Back Moderate (i) £26,050 to £36,390 Causes residual disability due to, for example, a crush/compression fracture of the lumbar vertebrae leading to a substantial risk of osteoarthritis.
Pelvis and Hips Lesser Injuries (i) £3,710 to £11,820 Despite significant injury, there is little or no residual disability.
These figures only provide information about the potential general damages compensation you could receive. If you prefer, you can use our compensation calculator which can provide you with a compensation bracket indicating what you could receive in just a few minutes. To learn more about using our car accident compensation calculator or if you want to know more about claiming, please contact us for free legal advice using the details above.
You may be wondering, “how long does a car accident claim take to settle?” Similar to your potential compensation amount, this depends on many different factors. If the defendant and their insurer accept liability for the accident and the injury you’ve sustained, your case may not need to go to court.
Court proceedings can be initiated if both parties are unable to agree on who was liable or the compensation amount that you should be awarded. If your claim goes to court, it can take years to receive compensation. This is why your personal injury solicitor will do everything they can to avoid your case going to court.
Please read on to learn more about the benefits of using our services.
At Legal Expert, we can work with you on a No Win No Fee basis. This means that if you are the victim of a car accident, you can rest safe in the knowledge that when you make a claim you won’t face any additional financial risks or hardships. For the specialist legal solicitors at Legal Expert, we believe it is more important for you to spend time resting and recovering, rather than spend time trying to claim what you are owed in damages. This is where we come in. We will do as much of the legal work as possible, leaving you to concentrate on getting better.
Our no win no fee, conditional fee agreements mean that no matter your current financial circumstances, you will still be able to make a compensation claim if you have been injured in an accident which is not your fault. No win no fee services mean that if your claim is unsuccessful, you won’t have to pay anything. If you do win your claim the costs for our fee will be taken from part of your award. By law, this can not be more than 25% of your total award. This means that you do not face any potential financial risks.
At Legal Expert, we always aim to treat every client and case as an individual, not just another injury claim. We appreciate that each and every serious road accident will affect people in different ways, with different injuries, resulting in different consequences for the claimant. Our team of dedicated personal injury legal solicitors will work hard to win you the maximum amount of damages which you could be owed.
Winning you the compensation you are entitled to can help to get your life back on track. For more information on how we can help you, contact us today by email, the contact form on this page, our chat feature or by calling 0800 073 8804.
If you’d like to learn more about car accident claims, check out these guides below:
- Car Accident Compensation Claims – Use our road traffic accident compensation calculator to see how much you could be entitled to after a car accident.
- Road Accident Compensation – View the average compensation for road traffic accidents in the UK.
If you have further queries about car crash compensation payouts or if you want to know how to use our car accident compensation calculator, please contact us using the details above. We offer legal advice that is completely free and can tell you in just one phone call if you’re eligible to claim.