Slips, trips and broken hips - the true cost of a fractured bone

Many of us are enjoying longer lives, with predictions indicating that almost a quarterof the European population will be aged over 65 in twenty years. However, as we get older we become less mobile and, for some, the combination of weakening health and growing instability can result in broken bones.

It is estimated 10% of people aged 65 or older will suffer a fracture and consequently prolonged living represents a real risk. Before age 75 the most common fracture is a fracture just above the wrist, known as Colles fracture. After age 75 hip fractures occur most frequently. Both are generally caused by trauma, usually a fall, and whilst the Colles fracture can be treated conservatively with casting or by surgery, hip fractures often require hip replacement.

Where a fall results from someone else’s fault a successful claim will attract an award of general damages to compensate for the claimant’s pain suffering and loss of amenity for the injury. A claim for a Colles fracture which heals well with no long term problems would attract an award of £4750 whereas a much larger award of up to £33000 could be given where a claimant suffered long term health problems.

Special damages may also be awarded to compensate for immediate and future costs arising from the claimant’s care needs as assessed by an occupational therapist, physiotherapist or nurse. These may include the cost of care provided by relatives or care professionals as well as costs associated with aids and equipment the claimant needs to carry out tasks. In addition the claimant’s property may require modification for wheelchair use or they may need to move to more suitable accommodation. Consequently the cost of a fall can be extremely high both on the claimant’s health and purse.

Long term care costs are calculated on an annual basis and multiplied by the number of years they are required. However, the award is given now rather than when the care is delivered and a discounted sum is therefore awarded. The figure assumes investment of the monies at a return of 2.5% and therefore a claimant with a 10 year life expectancy injured at aged 75 would receive the annual award times 8.86 as opposed to 10.

The award can be protected through a ‘personal injury’  trust. The award held under the trust is disregarded when assessing clients’ eligibility for any means-tested state benefits and/or local authority support, provided the trust is set up within 12 months of the award payment date.  Such trusts are therefore highly beneficial to clients receiving benefits and those residing in local authority funded accommodation. In such cases clients will need our help to draw up the trust and will need to appoint trustees to administer the trust.

An injury can therefore take a serious toll on an elderly client’s health and their finances, both of which need to be carefully looked after to ensure the client is properly catered for in the future.