Have you or anyone you know had an accident that has resulted in a neck injury? Would you like to know more about neck injury claims? If so continue reading our guide that will hopefully answer any questions you may have.
First, we review the eligibility of a claim and discuss what type of neck injuries you could claim for and whether you could claim on behalf of someone else we will then explain how much your personal injury compensation claim could be worth and what other losses you may be able to claim for.
Key Points In Neck Injury Claims
- If you have suffered a neck injury on the road, in a public place or at work you could claim compensation.
- Your payout could include compensation for physical harm as well as financial loss.
- You have three years in which to begin a claim.
- If you choose to work with one of our solicitors, you could do so on a No Win No Fee basis
- We could make the claims process as easy as possible to take any stress you may be feeling.
Please get in touch with us today to learn more about how to make a neck injury compensation claim.
- Phone – 0800 073 8801
- Claim form – Start Your Claim
- Chat live available
Select A Section In Our Guide
- Am I Eligible For Neck Injury Compensation?
- What Types Of Neck Injuries Could I Claim For?
- Making Serious Neck Injury Claims
- Evidence Needed For Neck Injury Claims
- How Much Compensation Could My Claim Be Worth?
- Why Choose Accident Claims?
- Get More Information
Am I Eligible For Neck Injury Compensation?
When discussing the eligibility of a claim, we need to establish:
- Was a duty of care owed to you from the third party?
- Did the third party breach that duty of care?
- Did the breach result in you suffering injury and/or harm?
Examples of persons who owe a duty of care are:
- All road users, including drivers, pedestrians and cyclists, owe each other a duty of care to navigate the roads in a way to prevent injury and damage to themselves and others. By adhering to the Road Traffic Act 1988 and the relevant part of the Highway Code, road users will comply with their duty of care.
- The Health and Safety at Work etc. Act 1974 (HSWA) and the Health and Safety Executive (HSE) require employers to have a duty of care to keep their employees safe at work.
- Occupiers’ Liability Act 1957 applies a duty of care to the occupier that is open to the public or for public use. The occupier must ensure that any lawful visitor is reasonably safe.
If you would like to discuss how to prove a duty of care was breached in neck injury claims in more detail, call our advisors today for your free, on-obligation consultation.
What Types Of Neck Injuries Could I Claim For?
Neck injuries can range from minimal whiplash to life-changing disability. We will discuss the difference in whiplash claims in the next section of this guide.
Examples of different neck injuries:
- Whiplash injury – this occurs when the neck is suddenly jolted, causing the neck muscles and ligaments to tear or overstretch, often a result of road traffic accidents.
- Herniated disc – soft substance inside the disc that escapes, pressing on the spinal cord, causing nerve damage. Symptoms can include numbness and tingling in the upper extremities.
- Neck sprain and/or strain.
- Bruising, cuts and lacerations to the neck and shoulder area.
- Bones in the neck area can be fractured or dislocated, which can lead to nerve damage.
Are Whiplash Claims Different?
The Whiplash Injury Regulations were brought into force in 2021. These regulations specify, by way of a tariff, the total amount of damages for pain, suffering, and loss of amenity that a court may award for whiplash injuries in road traffic accidents.
Here, you will see the whiplash tariff table, which recommends an award for the time it takes to recover.
| Duration of injury | Amount –Regulation 2(1)(a) | Amount –Regulation 2(1)(b) |
|---|---|---|
| More than 12 months, but not more than 15 months | £2,040 | £2,125 |
| More than 15 months, but not more than 18 months | £3,005 | £3,100 |
| More than 18 months, but not more than 24 months | £4,215 | £4,345 |
The first column, amount-regulations 2(a), relates to whiplash injuries alone, whilst the second column (b) provides amounts for whiplash, including minimal psychological injury.
To discuss the extent of your injury and to see if you could make a compensation claim for a neck injury, call our team today for your free legal advice.
Making Serious Neck Injury Claims
A serious neck injury can be life-changing, both physically and financially, and making a compensation claim could help. Later in this guide, we will provide you with a table with suggestive compensation brackets from a resource often used to calculate personal injury claims.
Can I Claim On Behalf Of Someone Else?
Yes, there are circumstances in which you can claim on behalf of someone else. Those being:
- If the injured party is a minor (under 18) – a person (parent, family member, solicitor) can become a litigation friend for them to act on behalf of the minor.
Alternatively
- If the injured party does not hold the mental capacity to start their own claim. A litigation friend can be used until the end of the claim or up until the injured party regains mental capacity allowing them to continue the claim for themselves.
To become a litigation friend, you can make an application to the court providing a certificate of suitability to allow you to become a litigation friend. Your solicitor will be able to help you with the process of becoming a litigation friend should you need to act on someone else’s behalf.
Evidence Needed In Neck Injury Claims
For all compensation claims, you will be asked to collect evidence supporting your claim. Whether your accident happened at work, in a road traffic accident, in a restaurant, or a public place, there will be evidence that you can collect.
Examples of evidence are:
- CCTV, Dashcam footage, RING doorbell
- Accident report (if the accident happened at work or a police report if they attended the accident site).
- Health and Safety Executive (HSE) reports: Reports and data from the HSE can be used in a variety of personal injury cases.
- Medical evidence (this could be your medical records and/or medical report, including any scans, X-rays, and treatment records).
- Photos of the accident location, your injuries, and any property damage.
- Witness details – your solicitor will draft a witness statement later on in the claim should they require it.
- Keep a written detailed description of the accident, including the weather conditions.
- Any receipts for your costs incurred as a result of the accident (travel expenses or medication).
- Loss of earnings – Copies of payslips from 13 weeks before the accident.
- Tax returns: Tax returns and profit/loss accounts for 3 years before the accident date
How Much Compensation Could My Claim Be Worth?
When you make a successful neck injury claim, the compensation is split into general damages and special damages. General damages are based on your pain and suffering. Very often, legal professionals will use your medical evidence, including your medical records and compensation resources such as the Judicial College Guidelines (JCG). The guidelines by the Judicial College provide bracket amounts aligned with injuries and their severities. Solicitors and other professionals can use these to calculate an appropriate amount for general damages.
In this table, you will find an illustration of a section of the JCG that deals with neck injuries apart from the first entry.
| Injury | Severity | Notes | Amount |
|---|---|---|---|
| Multiple Injuries | Most severe | Injuries including extensive financial losses | Upto £1,000,000 + |
| Injuries involving paralysis | Tetraplegia | Physical pain is present or there's a significant effect on senses and/or ability to communicate. Involving significant brain damage. Lack of awareness and significantly reduced life expectancy will reduce the award. Other factors include age; the extent of any residual movement. | £396,140 to £493,000 |
| Paraplegia | The level of the award will be affected by The presence of increasing paralysis. The former might be the subject of a provisional damages order. | £267,340 to £346,890 | |
| Shorter Durations | Where death occurs for unrelated reasons within a short period of the accident a lower sum will be awarded. | £60,210 | |
| Neck Injury | Severe (i) | Incomplete paraplegia or resulting in permanent spastic quadriparesis | In the region of £181,020 |
| Severe (ii) | Usually involving serious fractures or damage to discs in the cervical spine. | £80,240 to £159,770 | |
| Severe (iii) | Injuries causing fractures or dislocations or severe damage to soft tissues and/or ruptured tendons. | £55,500 to £68,330 | |
| Post-traumatic stress disorder | Severe | Will involve permanent effects which prevent the injured person from working at all or at least from functioning at anything approaching the pre-trauma level. All aspects of the life of the injured person will be badly affected. | £73,050 to £122,850 |
For information about making a claim call our advisors today for your free, no-obligation consultation.
Who Pays For Home Adaptations And Mobility Aids?
Special damages can help you get your life back on track and reimburse you for the financial loss you may have suffered due to your neck injury. If you have suffered a very serious neck injury this might mean that your life has been completely changed. You may no longer be able to work. You may need adaptations not only to your home but also to your vehicle if you are still able to drive. Special damages could cover home adaptations and mobility aids should they be required and recommended by a medical professional.
Special damages can also cover:
- Past, present and future loss of earnings
- Loss of pension contributions and annual leave.
- Travel to and from medical appointments.
- Cost of care whether that be from a family member or friend or a professional carer.
- Medication and prescription charges.
- Rehabilitation costs.
It must be noted that special damages are not always recovered. However, we recommend submitting a claim for any losses you may have suffered.
Why Choose Accident Claims?
It is important to seek the best legal representation when making a neck injury claim, and we believe Accident Claims are one of the best. Our expert solicitors have decades of experience in personal injury compensation claims and specialise in neck injuries.
We are available 24/7 and will answer any questions you may have.
Find Out How Our Expert Solicitors Could Help You
Benefits of working with our expert solicitors:
- Accident Claims solicitors have decades of experience and expertise in neck injury claims.
- Your solicitor will provide you with constant updates throughout the claim process.
- Accident Claims solicitors can work under a No Win No Fee arrangement.
- They will arrange any appointments that you may require (medical, physio, any treatment recommended).
- Accident Claims solicitors will assist with collecting evidence to support your claim.
Our solicitors can do all this under a Conditional Fee Agreement (CFA), which means that you would not have to pay any upfront or ongoing fees.
If you would like to take advantage of working with one of our experienced solicitors on a No Win No Fee basis call our advisors today for your free no-obligation chat.
- Phone: 0800 073 8801
- Online: Start Your Claim
- Live Chat Available
Get More Information
Below are additional resources to help answer any questions you may have at this time.
- Learn about £100,000 compensation payout for a fractured neck – case study
- Read more on the average payout for whiplash after a road Traffic accident
- Find out answers to FAQs on personal injury compensation claims
Further resources
- Find out more about neck pain – NHS
- Read further details about Whiplash – through the NHS
- Details on statutory sick pay (SSP): overview – GOV.UK
- Learn more about a statutory review of the whiplash tariff – GOV.UK
- See here about litigation friends: manage a court funds office account – GOV.UK
We would like to thank you for taking the time to read our guide about neck injury claims.
