Neck Injury Claim – How To Claim Compensation
Welcome to our guide about how to make a neck injury claim after suffering harm that was caused by a liable party. We will discuss the concept of negligence, what health and safety laws protect your health, safety, and well-being, and how compensation is calculated for neck injury settlement amounts.
There are different accidents that could cause a neck injury, such as a road traffic accident, slip, trip, and fall, an accident that happens in the workplace, or it could be sustained as a result of medical negligence. However, not all neck injuries will qualify for compensathion your case must satisfy three criteria first. We shall discuss these criteria throughout the guide.
Read on to learn more, or talk to our advisers to discuss the specifics surrounding your accident. After listening to the details, they can offer advice about what to do next. Contact us in the following ways:
- Send in your query using our online contact form
- Get in touch via the live chat feature below
- Call us at 020 3870 4868
Select A Section
- What Is A Neck Injury Claim?
- What Are Neck Injuries?
- Who Could I Make A Neck Injury Claim Against?
- What Evidence Could I Use For A Neck Injury Claim?
- Neck Injury Settlement Amounts
- Talk To Us About Your Neck Injury Claim
What Is A Neck Injury Claim?
A Neck Injury Claim is a type of personal injury claim made after damage to the neck. This can range from minor injuries, such as mild whiplash, to serious fractures of spinal discs. In order to make a personal injury claim following a neck injury, you will need to show the following.
- A third party owed you a duty of care. We’ll discuss this in more detail in a later section.
- That third party failed to uphold this duty.
- Their value resulted in an accident in which you suffered a neck injury.
What Are The Time Limits In Neck Injury Claims?
In most cases, a claim for neck injury compensation will need to be made within 3 years of the accident occurring, as per the Limitation Act 1980. Exceptions to the general rule can be made in some circumstances. These are:
- Children: those under 18 at the time of the accident will have the 3 year limit counted from the day they turn 18.
- Persons lacking sufficient mental capacity: if an injured person does not have the mental capacity to claim for themselves, then the time limit is frozen altogether. The time limit restarts if capacity is recovered.
In these scenarios, a parent, legal guardian or other suitable adult can be appointed as the injured person’s litigation friend. This means that the litigation friend will be able to act on behalf of the injured person and begin the claim sooner.
For a free asseesment of your eligibility to claim, or to find out about possible exceptions in your particular case, contact our advisors today using the contact information given below.
What Are Neck Injuries?
Neck injuries are any kind of damage that affects the neck area. They can comprise damage to the bones, muscles, or ligaments. Some examples of neck injuries include:
- Fractured cervical discs
- Herniated discs
- Pinched nerves
- Cervical dislocations
- Strains and sprains
What Is Considered A Serious Neck Injury?
Some injuries could be worse than others, take longer to recover from, or cause lasting, permanent damage.
For example, a cervical spine fracture could cause immediate, severe pain and should be examined by a doctor as soon as possible. On the other hand, a hematoma or a bruise, sprain, or strain to the neck could heal within a couple of weeks.
It is important that you seek medical attention for your injuries. A doctor or nurse can answer questions like, ‘how do I know if my neck injury is serious?’ and ‘how long does it take a neck injury to heal?’ They can diagnose and treat your injury as well as provide a medical report that could be useful during the personal injury claiming process.
To learn if you can claim for a serious neck injury or if you would like to talk about beginning a neck injury claim, speak to our advisers today.
Who Could I Make A Neck Injury Claim Against?
As we go about our day-to-day activities, different parties owe others a duty of care, for instance:
As per the Occupier’s Liability Act 1957, the occupier of a space has a duty of care to all visitors who are using the space for its intended purpose. The occupier must take reasonable steps to reduce risks to their visitors.
When you are in your working environment or carrying out your work duties under the Health and Safety at Work etc Act 1974, your employer owes you a duty of care to take reasonably practicable steps, so much as possible, to keep you safe and healthy.
The Road Traffic Act 1988 and the Highway Code also provide a set of rules, so that road users are able to keep each other safe.
So, for example, if you injure yourself in a slip, trip or fall while walking down car park stairs, and you can show that the fall took place because the steps were not sufficiently lit, gritted, or maintained, you may be able to claim compensation from the person or business that ‘occupies’ the space.
Contact our advisers to learn more about who your neck injury claim may be directed against or if you have questions about how often claims go to court.
What Evidence Could I Use For A Neck Injury Claim?
Your potential neck injury claim may benefit from supporting evidence. For example, you could gather:
- Photographs of the scene before anything is moved or changed
- Contact details from anyone who witnessed the accident
- CCTV footage showing the accident
- A medical report showing the severity of your injuries
These items could benefit the personal injury claims process. Get in touch with our advisers today to find out more about claiming for an accident in a public place.
Neck Injury Settlement Amounts
The amount of compensation you could receive can be made of up to two heads of claim. These heads are called general damages and special damages. The first, general damages, is intended to compensate you for the physical and psychological harm. The second, special damages, is intended to return you to the financial position you were in had the injury not occurred.
A personal injury solicitor will usually turn to the Judicial College Guidelines in order to assess a claim. This document contains compensation brackets for different types of injuries. Instead of including a personal injury calculator, we’ve added a table to reflect the figures found in the JCG.
Whiplash Reform Program (WRP)
It is worth noting that if you suffered your neck injury in a road traffic accident, your claim could be dealt in line with the Whiplash Reform Program, and your injuries are valued in accordance with the fixed tariffs set out in the Whiplash Injury Regulations 2021.
This would apply to those who are a driver or a passenger of a vehicle, are over the age of 18, and whose injuries suffered are valued at less than £5,000. The relevant accident must also have occurred in England or Wales.
Injuries outside of this tariff are assessed in the normal way, so let us now look as some compensation examples.
Compensation Table
Please remember the figures above are only guidelines. The compensation you could receive may be different, as the JGC does not account for special damages.
| Injury Type | Compensation Bracket | Notes |
|---|---|---|
| Multiple Very Severe Injuries with Significant Special Damages | Up to £1,000,00 or above. | Multiple Very Severe Injuries as well major financial losses such as loss of earnings, medical bills and care costs. |
| Quadriplegia | £396,140 to £493,000 | Loss of the use of the arms and legs. Full awareness of disability, and potential impact on the ability to communicate. |
| Severe Neck Injuries (a) (i) | In the region of £181,020 | Injury leading to incomplete paraplegia, permanent spastic quadriparesis, or continual headaches and limited mobility despite treatment. |
| Severe Neck Injuries (a) (ii) | £80,240 to £159,770 | Serious fractures or damage, such as to cervical discs, causing disabilities. |
| Severe Neck Injuries (a) (iii) | £55,500 to £68,330 | Severe damage that leads to significant disability of a permanent nature. |
| Moderate Neck Injuries (b) (i) | £30,500 to £46,970 | Injuries that cause severe, immediate symptoms which may also leave the individual vulnerable to future trauma. |
| Moderate Neck Injuries (b) (ii) | £16,770 to £30,500 | Soft tissue injuries or disc lesions that lead to serious limitation of movement, recurring pain, and the possible need for future surgery. |
| Moderate Neck Injuries (b) (iii) | £9,630 to £16,770 | Injuries that accelerate or exacerbate pre-existing conditions, or prolonged recovery time with an increased vulnerability to future trauma. |
| Whiplash Tariff | £4,345 | With Psychological Damage. More than 18 months duration but not more than 24 months. |
| Whiplash Tariff | £4,215 | Without Psychological Damage. More than 18 months duration but not more than 24 months. |
Special damages are the second head of claim that is supposed to recompense you for the financial losses suffered as a result of your injury. For example, they may help you recoup:
- Loss of earnings
- Loss of future earnings
- Medical expenses, like prescriptions
- Travel expenses incurred while getting to and from medical appointments.
To learn more about how you could be compensated through special damages following a neck injury claim, or if you’re wondering how long compensation takes to come through, contact our advisers.
Talk To Us About Your Neck Injury Claim
You may be wondering how to go about getting legal representation and how much that might cost. If our advisers feel your claim is valid and pass it on to one of the solicitors from our panel, they may offer a kind of No Win No Fee agreement known as a Conditional Fee Agreement (CFA).
By using a Conditional Fee Agreement, you won’t have to pay for a solicitor’s services if your claim fails. Instead, you will pay a small percentage of your final compensation amount, and only if your claim succeeds. This is called a success fee and is subject to a legal cap.
If you’d like to know more about making a neck injury claim, you can contact our advisers. The consultation is free, and there is no obligation to continue using our services afterwards. Contact us today using the following details:
- Send in your query using our online contact form
- Get in touch via the live chat feature below
- Call us at 020 3870 4868
Related Personal Injury Claims
More guides you may find useful:
Who can make a school accident claim
Limitation period in a personal injury claim in the UK
There was no witness to my accident, can I still claim?
Further information about related topics:
Request CCTV Footage – Government information about requesting CCTV footage of yourself
Neck Pain – NHS information about neck pain symptoms
Royal Society for the Prevention of Accidents (RoSPA) – Society concerned with imparting the knowledge to avoid serious accidents
We hope this guide on how to make a neck injury claim has been useful. If you have more questions, contact us using the information above.
