If you’ve been injured by someone else’s negligent actions, you might be wondering how to make a neck injury claim. In this guide, we’ll cover everything you need to know about the personal injury compensation claims process.
We’ll talk about when you could be eligible to claim compensation for a neck injury, what a duty of care is, and when someone else may be responsible for your health and safety. We’ll also talk about serious neck injuries and the significant consequences that an injury like this can have on your life.
One of the most common questions our advisors receive is, “How much compensation could I get?” Our guide will touch on the different kinds of compensation that can make up your final payout and how these different headings are calculated.
Finally, we’ll talk about No Win No Fee agreements. You aren’t obligated to make a claim with the help of a solicitor, but here at Legal Helpline we can help you get in touch with a No Win No Fee legal expert to help you through the claims process.
Contact Us
Our team of advisors are here to help, and can answer any questions that our guide doesn’t cover through a free consultation. Get in touch today to get started by:
- Calling us on 0333 000 0729
- Using the live chat feature
- Contacting us online
Browse Our Guide
- What Is A Neck Injury Claim?
- Can I Claim For A Serious Neck Injury?
- How Do I Claim Neck Injury Compensation?
- How Much Compensation For A Neck Injury?
- What Is The Time Limit For A Neck Injury Claim?
- Can I Claim For A Neck Injury On A No Win No Fee Basis?
- Read More About Making A Personal Injury Claim
What Is A Neck Injury Claim?
If you’ve suffered a neck injury, you might be wondering if you could make a neck injury claim. Claiming compensation can be helpful, but to be eligible, you need to be able to prove that negligence happened.
Negligence, in terms of personal injury law, occurs when:
- Someone else owes you a duty of care
- This duty is breached
- As a result, you are injured
Various types of accidents could occur if someone were to breach their duty of care. We have laid out some examples below.
Accidents At Work
While at work, employees are owed a duty of care by their employers, which means they need to take all reasonably practicable steps to make sure that they are safe. Their responsibilities are outlined in the Health and Safety at Work etc. Act 1974 (HASAWA).
For example, your employer is responsible for providing adequate personal protective equipment (PPE) for free when necessary. If your employer knowingly asked you to use a faulty harness when working on a roof, this could cause you to fall and injure your neck. In this case, you could potentially make an accident at work claim.
Public Liability Accidents
While in public, you’re owed a duty of care by whoever is in control of that space. For example, if you’re in a supermarket, then the person in control of the area at that time has a duty to keep you reasonably safe, as per the Occupiers’ Liability Act 1957 (OLA).
For example, if an employee is made aware of a wet floor caused by a spillage, they should either clear this up in a timely manner or signpost it with a wet floor sign. Failure to do this could cause a customer to slip and fall, causing a neck injury. This could lead to a public liability claim.
Road Traffic Accidents
All road users need to act in a way that prevents harm to themselves and others in order to fulfil their duty of care. This also means they need to comply with the Road Traffic Act 1988 and the Highway Code.
For example, it is an offence to drive while under the influence of alcohol. If a drunk driver rear-ended your car, causing you to suffer a neck injury, then you could potentially make a road traffic accident claim.
One of the most common neck injuries experienced in road traffic accident claims is whiplash. However, since the introduction of the Whiplash Reform Programme, certain whiplash claims are now made differently. Get in touch with our team today to learn more.
Can I Claim For A Serious Neck Injury?
As long as your case meets the criteria for a valid claim, you can pursue compensation no matter how severe your injury is. Neck injuries can range from minor soft tissue disturbances all the way up to paralysis caused by spinal cord injuries, and they can even be fatal.
Some common neck injuries include:
- Breaks and hairline fractures
- Slipped discs
- Damage to the spinal cord
- Bruises
- Cuts and lacerations
- Crushing and wrenching injuries
To learn more about when you could make a serious neck injury claim, get in touch with our team.
How Do I Claim Neck Injury Compensation?
There are a number of steps involved when you make a neck injury claim, but one of the most important is collecting evidence. This is because when you make any kind of compensation claim, it’s your responsibility to prove that negligence happened.
To prove your claim, you could use evidence such as:
- Photographs of the accident site, like an unmarked wet floor, or of any visible injuries to your neck.
- Video footage of the accident from a CCTV system or a dashcam.
- Medical records, including things like X-rays, that show the severity of your injuries.
- The results of an independent medical assessment, which a solicitor can arrange for you.
- The contact details of witnesses to allow a professional to take their statements later.
- Financial records, like bank statements and receipts, to show any financial losses caused by your injuries.
If you choose to start a neck injury claim with a solicitor, they can help you pursue different avenues of evidence to strengthen your claim. Contact our team today to find out how a solicitor from our panel could help you.
How Much Compensation For A Neck Injury?
We can’t tell you exactly how much you could receive if you make a successful neck injury claim because every payout is unique. When your claim is valued, many different factors are taken into consideration, including:
- How much evidence you have.
- How severe your neck injury is.
- Whether you suffered financial losses.
- The long-term implications of your injury.
Usually, personal injury settlements can be split into two heads. The first head, general damages, is awarded in every successful claim and covers both your injuries and the effect that they’ve had on your life. This includes loss of amenity, also known as loss of enjoyment in things like hobbies.
The guideline brackets found in the Judicial College Guidelines (JCG) can help professionals value personal injury claims for general damages. This is a document that lists compensation guidelines for various injuries. You can find some of these below, but note that the first entry isn’t from the JCG, and the amounts listed are not guaranteed.
Injury | Compensation | Notes |
---|---|---|
Multiple Serious Injuries Alongside Special Damages | Up to £1,000,000+ | In complete paraplegia or permanent spastic quadriparesis, despite limited movement and near 24 hour use of a collar. |
Severe (i) Neck Injuries | In the region of £181,020 | Permanent damage to the brachial plexus, loss of movement in one or more limbs, and loss of movement in the neck. |
Severe (ii) Neck Injuries | £80,240 to £159,770 | Fractures, dislocations, and other injuries that result in severe or chronic conditions. |
Severe (iii) Neck Injuries | £55,500 to £68,330 | This bracket covers serious fractures and dislocations that cause severe pain and in some cases necessitate spinal fusion. |
Moderate (i) Neck Injuries | £30,500 to £46,970 | This bracket covers injuries that exacerbate or accelerate the progression of a pre-existing condition for more than five years. |
Moderate (ii) Neck Injuries | £16,770 to £30,500 | Similar to the above bracket, but conditions are exacerbated over a shorter period of time, usually less than five years. |
Moderate (iii) Neck Injuries | £9,630 to £16,770 | A full recovery takes place between 1-2 years. |
Minor (i) Neck Injuries | £5,310 to £9,630 | A full recovery takes place between 3 months and 1 year. |
Minor (ii) Neck Injuries | £2,990 to £5,310 | A full recovery is made within 1 year. |
Minor (iii) Neck Injuries | Up to £2,990 | A full recovery is made within 3 months. |
Can I Claim For Loss of Earnings Caused By A Serious Neck Injury?
Yes, if you lost out on wages because of your neck injury, then you may be able to claim back any lost earnings under special damages. This head of your claim addresses the financial losses your neck injury has caused, including the cost of:
- Mobility aids, like a wheelchair
- Home adjustments
- Travel
- Childcare
- Prescriptions
- Physiotherapy
- Counselling
To learn more about claiming compensation for a neck injury, get in touch with our helpful team today.
What Is The Time Limit For A Neck Injury Claim?
The time limit for starting a neck injury claim is three years. This starts on the date that you suffer the injury, as per the Limitation Act 1980. However, this legislation comes with some exceptions.
For example, under 18s can’t make their own claims, so the time limit doesn’t immediately apply. Instead, a litigation friend can make their claim for them at any time up until their 18th birthday. After that, if no one has brought forward a claim for them, they’ll have three years to make a claim of their own.
There are more exceptions to this rule; contact our team today to find out if they could apply to you. Or, keep reading to find out how a No Win No Fee solicitor could help you.
Can I Claim For A Neck Injury On A No Win No Fee Basis?
So, why do we recommend making a claim with a No Win No Fee solicitor? At Legal Helpline, we believe that the claims process doesn’t need to be stressful and overwhelming. Our advisors are ready and waiting to evaluate your claim, and could potentially connect you with a solicitor on our panel who can help you:
- Gain a deeper understanding of the claims process
- Support your claim with evidence
- Negotiate a settlement for your neck injury
- Prepare for court, should this be necessary
Under a Conditional Fee Agreement (CFA), an expert solicitor from our panel could do all of this on a No Win No Fee basis. This means that you can access their services without paying anything upfront, as the claim is ongoing, or at all should your claim be unsuccessful.
If it succeeds, then your solicitor will take a small percentage of your compensation as their success fee. This percentage is capped by law, which helps to ensure that you keep the majority of what you receive.
Contact Us
Are you ready to start your neck injury claim? Contact our team today to find out if a solicitor from our panel could help you by:
- Calling us on 0333 000 0729
- Using the live chat feature
- Contacting us online
Read More About Making A Personal Injury Claim
For more informative personal injury guides:
- Learn how to make a claim for a tendon injury at work.
- Find out how to make a claim for an avulsion fracture.
- Get help making a spinal injury claim.
Or, for further resources:
- Learn how to request CCTV footage of yourself from Gov.UK.
- Information on neck pain from the NHS
- Advice on Statutory Sick pay (SSP) from the Government
Thank you for reading our guide on how to make a neck injury claim.