Spinal Injury Compensation: Payouts in South Africa

Spinal injuries can have devastating, life-long consequences. For this reason, spinal injury compensation claims attract some of the biggest personal injury payouts in South Africa.

If you or a family member has suffered spinal injury as a result of another party’s negligence, it’s worth claiming compensation. This could result in much-needed funds to support treatment and on-going care.

In this article, we cover:

• what spinal injury compensation can be claimed
• examples of spinal injury compensation paid by the Road Accident Fund
• medical malpractice payouts for claims involving spinal injury
• what to do if you have a spinal injury claim.

Spinal injury compensation in South Africa

Anyone who suffers spinal injury as a direct result of another party’s negligence may qualify for personal injury compensation. In South Africa, this can take the form of:

• compensation from the Road Accident Fund (RAF)
  Individuals who suffer spinal injuries as a result of road accidents that they weren’t solely responsible for causing qualify for compensation from the RAF.
• compensation for medical malpractice
  Patients who suffer spinal injuries due to medical malpractice or negligence may claim compensation from the State (in the case of government healthcare), the responsible private hospital and/or individual healthcare practitioners.
• compensation by another third party
  Depending on the facts of a case, an injured person may be legally entitled to claim compensation from a party that had either a duty of care, or a duty to act, to prevent the injury. Examples of parties with a “duty of care” include property owners, appliance manufacturers and public transport providers. Those with a “duty to act” include, among others, police officers, medical professionals, child care providers, teachers and lifeguards.

Compensation can be claimed for past and future medical expenses; past and future loss of income; and general damages for pain and suffering.

The RAF awards general damages only in cases involving injuries that qualify as serious.

If a close family member or common-law partner dies due to spinal injury resulting from another party’s negligence, compensation can also be sought for loss of support and/or funeral expenses.

Road Accident Fund payouts for claims involving spinal injury

Payouts depend on the circumstances of the accident and the extent and long-term consequences of a spinal injury.

Below we provide an overview of eight RAF claims involving spinal injury, with the payout amounts that were awarded.

Quadriplegic receives R11.5 million

The RAF was ordered to pay R11.5 million in damages to Henri Lombard, now 26, who became a quadriplegic after the car he was a passenger in overturned on a road near Standerton, Gauteng, in 2018.

Lombard’s attorney told the court that he can never work, needs 24-hour care and his life has been shortened by 20 years due to the nature of the spinal injury.

Taxi driver awarded R2,211,068

A taxi driver, Mr C, 44, was awarded R1,200,000 for general damages and R1,011,068 for loss of earnings after an accident that left him a quadriplegic, incontinent and needing 24-hour care.

Mr C was driving a Toyota Quantum on the R23 in Mpumalanga in 2017 when he was forced to swerve to avoid an oncoming vehicle that was overtaking. Mr C subsequently lost control of the Quantum, drove it off the road and sustained severe spinal injuries.

Motorcyclist awarded R1,300,000

A motorcyclist was awarded R900,000 for past and future loss of earnings and R400,000 for general damages after suffering two spinal fractures, a fractured femur, knee fracture and abrasions following an accident in Auckland Park, Johannesburg, in 2017.

A BMW that was being driven parallel forced the motorcyclist into a cab lane and into a pedestrian. The plaintiff suffers on-going back and leg pain, can’t run, sit or stand for extended periods and can’t lift or carry heavy objects.

Passenger awarded R1,737,470

A woman passenger was awarded R500,000 general damages and R1,237,470 for future loss of earnings after the driver lost control of the car, which rolled several times.

The woman, now 31, suffered a mild traumatic head injury and a thoracic spinal injury that have left her with constant back pain and concentration issues.

Welder awarded R1,379,747

Welder Jan Myburgh was awarded R1,379,747 for general damages and loss of past and future earnings following a road accident in which he was a passenger. Myburgh suffered severe spinal injuries, including compression fractures.

Myburgh can’t turn his head properly, extend his neck and has on-going neck pain. A fracture of the lumbar spine left him shorter and experiencing chronic back pain. A brain injury has caused concentration and memory problems, and cognitive decline.

Minor awarded R5,236,740

In 2019, a court overturned an earlier RAF settlement of R70,000 from 2005 because it was too low to compensate a child who suffered serious permanent injuries in a road accident.

The court heard from a new attorney that the compensation had been “wholly inadequate”. The child suffered spinal injuries, as well as head and brain injuries, that left her with a “spastic” leg and educational and developmental impairment that would affect her future earning capacity. She was subsequently awarded R5,236,740.

Crèche worker awarded R1,379,747

The RAF was ordered to pay a crèche worker R929,749 for loss of past and future earnings and R300,000 for general damages after she was injured in a car accident in 2016. The woman was a passenger in a car that overturned when the driver lost control.

The woman, who spent nearly three months in hospital, suffered a spinal injury and has very limited movement of her neck.

Driver awarded R1,111,368

Louis Coetzee, now 50, was awarded R350,000 general damages and R761,348 for loss of earning capacity after suffering spinal injuries, concussion and whiplash when his car was rear-ended at a set of traffic lights near Bloemfontein in 2016.

Payouts can vary hugely, depending on the facts of a case. It may help to have an idea of average RAF payouts across all road accident claims.

According to the latest RAF annual report, the average value per claim in 2020/2021 was R138,010.

Average payouts included R18,568 for medical expenses; R826,007 for loss of earnings; and R482,291 for general damages.

Medical malpractice payouts for avoidable spinal injuries

The compensation awarded for an avoidable spinal injury due to medical malpractice will depend on a number of factors. Some examples are:

• the nature and long-term consequences of the injury
• details of the malpractice that occurred
• the age and previous earning potential of the plaintiff.

Successful claims against medical practitioners or hospitals can result in compensation ranging from a few thousand rands to several million.

The spine and its surrounding network of nerves are sensitive and complex.

Accordingly, any medical or surgical procedure in the vicinity of the spine involves risk. Sometimes, things go wrong even when medical practitioners provide competent treatment and care.

In other cases, however, medical malpractice or negligence can be responsible for spinal injury. For examples, see our article on spinal surgery malpractice.

Failure to diagnose or treat a spinal injury properly can also be grounds for a personal injury claim.

In a recent South African case, a woman was awarded R700,000 (R350,000 for general damages and R350,000 for future medical expenses) after doctors at the Canzibe Hospital in the Eastern Cape failed to treat her spinal injuries properly.

The woman was in a road accident, in which she suffered head and multiple spinal fractures. The doctors treated her injuries only with pain killers and anti-inflammatories.

The woman continued to experience chronic pain and required a number of hospital visits. Eventually, it was revealed that she had severe curvature of the spine – which proper early treatment would have prevented. The woman needed surgery to correct the problem.