If you sustained damage to your neck in a car accident, a neck injury claim could be made, and in this guide, we discuss the personal injury claims eligibility criteria. This guide will cover the steps to start a car accident claim.
Initially, we will provide information about how much compensation a neck injury could receive. Then, we will discuss what factors could make you eligible to receive this compensation.
We will then lay out the evidence you might need to collect to support your claim. We will also explore how your neck could be injured in a car accident.
Finally, we will discuss the benefits of starting a claim with a No Win No Fee solicitor.
Our advisors can give you more information about any of the points in this guide. They could also put you in touch with a solicitor if your claim is eligible.
You can contact an advisor by:
- Calling them on 0800 073 8801
- Completing our contact form
- Chatting with an online claims advisor in the live chat box.
Select A Section
- What Could My Car Accident Neck Injury Claim Be Worth?
- Eligibility Criteria To Make A Car Accident Neck Injury Claim
- Evidence To Support Road Traffic Injury Claims
- How Could Your Neck Be Injured In A Car Accident?
- Why Make A Car Accident Neck Injury Claim With Our Team?
- Learn More About Car Accident Injury Claims
What Could My Car Accident Neck Injury Claim Be Worth?
If you injured your neck in a car accident and made a successful neck injury claim, you would be compensated by two distinct awards. These awards are known as general damages and special damages.
General damages compensate for the pain and suffering caused by your injury. Our solicitors calculate how much a general damages claim is worth using the Judicial College Guidelines and the results of an independent medical assessment.
The figures in the table below are taken from the Judicial College Guidelines and are not a guarantee because of the variable nature of personal injury claims.
Compensation table
Injury | Severity | Guideline compensation bracket | Notes |
---|---|---|---|
Neck injury | Severe (a) (i) | In the region of £148,330 | These neck injuries are associated with incomplete paraplegia or permanent spastic quadriparesis. |
Neck injury | Severe (a) (ii) | £65,740 to £130,930 | The disabilities fall short of those in (a) (i) but are of considerable severity. |
Neck injury | Severe (a) (iii) | £45,470 to £55,990 | Fractures or dislocations leading to chronic conditions and significant permanent disability. |
Neck injury | Moderate (b) (i) | £24,990 to £38,490 | Injuries such as fractures or dislocations. Chronic conditions which leave markedly impaired function are also in this category. |
Neck injury | Moderate (b) (ii) | £13,740 to £24,990 | These cases will involve soft-tissue or wrenching type injuries and disc lesion of the more severe type. |
Neck injury | Moderate (b) (iii) | £7,890 to £13,740 | This bracket encompasses injuries which have made pre-existing conditions worse, or caused moderate soft tissue injuries. |
Whiplash injuries | One or more whiplash injuries and one or more minor psychological injuries suffered | £4,345. | Symptoms last more than 18 months, but not more than 24 months |
Whiplash injuries | One or more whiplash injuries | £4,215 | Symptoms last more than 18 months, but not more than 24 months |
Whiplash injury | One or more whiplash injuries and one or more minor psychological injuries suffered | £3,100 | Symptoms last more than 15 months, but not more than 18 months |
Special Damages
Special damages are awarded to claimants to repay them for any out-of-pocket costs incurred because of their injury. You should be returned to the financial state you were in before this accident injured you.
Under special damages, you can claim back care and medical costs, travel costs to and from medical appointments, and past, future and current loss of earnings. However, these costs can only be recovered if sufficient evidence shows that they were spent.
You should try to hold on to as much evidence as you can of your outgoing costs to prove your claim for special damages.
Is My Car Accident Neck Injury Claim Affected By The Whiplash Reform Programme?
The way you make a claim for whiplash injuries and other minor injuries caused to a driver or passenger in a vehicle aged 18 or over changed May 31st 2021. According to the Whiplash Reform Programme, if you are over 18, were the passenger or driver of a vehicle, and sustained a whiplash or other injury valued at £5,000 or less, you will have to make a whiplash claim using a different system. If you suffer injuries that take the full total over £5000, you will make your claim the traditional way.
Whiplash injuries will be valued using a separate tariff system found in The Whiplash Injury Regulations 2021. There are 3 examples of these in the table above found in the last 3 entries. However, if you have any other injuries, not in this tariff, they will be assessed in the usual way. Despite the different claims systems, you can still work with a whiplash injury solicitor to claim compensation.
To learn more about whether you could be eligible to make a personal injury whiplash claim, contact one of our advisors using the details above.
To find out more about the kinds of compensation you could be entitled to, contact one of our advisors today.
Eligibility Criteria To Make A Car Accident Neck Injury Claim
Every road user owes all other road users a duty of care. This duty involves doing everything they reasonably can to ensure nobody experiences harm on the roads. To fulfil this duty, they should abide by the rules in the Highway Code and the Road Traffic Act 1988.
If a fellow road user breaches this duty and causes you to be injured, this is known as negligence. If you can prove negligence occurred, you could be eligible to receive compensation if you are within the time limit to claim.
You could still make a neck injury claim if you were partially at fault for the car accident.
Contact one of our advisors for more information about eligibility criteria and to find out if you could claim with one of our solicitors.
Evidence To Support Road Traffic Injury Claims
In order to make a successful personal injury claim for a road traffic accident, you will have to prove that a third party was at fault for your injury. You can do this by collecting evidence.
Some steps you can take towards gathering evidence include:
- Requesting CCTV footage of your accident
- Keeping a diary to record your symptoms and treatment
- Seeking medical care and requesting copies of your records
- Taking down the contact details of any potential witnesses
- Finding footage from a dash cam or similar device.
Finding the right pieces of evidence is sometimes challenging. Our team of solicitors have years of experience finding evidence to support claims. To see if you could claim with one of our solicitors, contact an advisor today using the details above.
How Could Your Neck Be Injured In A Car Accident?
If you are involved in a road traffic accident, then the collision can force the head back and forth beyond its normal reach. The injuries and symptoms which follow can be referred to as whiplash. However, due to the severity of some vehicle collisions, the injuries could result in dislocations and fractures.
Below are some types of neck injuries which you might sustain in a road traffic accident:
- Broken neck
- Whiplash
- Fractured vertebrae
- Cuts, lacerations, and similar injuries
- Dislocations
- Cervical Spondylolisthesis
Contact an advisor using the details above to learn whether you can make a car accident neck injury claim.
Why Make A Car Accident Neck Injury Claim With Our Team?
If you are eligible to start a road traffic accident claim, our solicitors will be more than happy to help you and give your claim the best chance of succeeding.
Our solicitors can offer you a type of No Win No Fee agreement called a Conditional Fee agreement. Under this agreement, you do not have to pay your solicitor upfront to enlist their services. You also don’t have to pay them for their work while your case is ongoing.
If your case isn’t successful, you will not have to pay your solicitor for the work they completed on it. However, if you are awarded compensation, you would only owe your solicitor a small success payment which is capped by The Conditional Fee Agreements Order 2013.
Talk To Our Team About Your Claim
If you have any questions about the topics in this guide, our advisors can help you. They are available 24 hours a day, 7 days a week. Advice is completely free, and there is no pressure to start a claim.
You can contact an advisor by:
- Calling them on 0800 073 8801
- Completing our contact form
- Chatting with an online claims advisor in the live chat box.
Learn More About Car Accident Injury Claims
We have included some further resources to help you with your claim:
More of our useful personal injury claims guides:
What To Do When You Get Into A Car Accident? – What Do I Need To Know?
How Do I Prove An Injury After A Car Accident?
How Do I Report A Car Accident?
Some external links: nn
How do I know if I’ve broken a bone? – NHS
Reported road casualties in Great Britain, provisional estimates: year ending June 2021 – GOV.UK
To make a car accident neck injury claim with one of our solicitors, contact an advisor today for more information.