Whiplash is recognised as one of the most common causes for individuals to seek compensation. Often associated with road traffic accidents, whiplash can cause a…
Read moreClaim compensation for a neck injury
If you’ve sustained a neck injury in an accident that wasn’t your fault, you could be entitled to claim compensation on a No Win No Fee basis.
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Neck Injury Claims
If you or a loved one has suffered a neck injury due to someone else’s negligence, you may be entitled to make a neck injury claim. Neck injury compensation can cover your pain and suffering, as well as related medical costs, lost wages, and out-of-pocket expenses.
Injuries to the neck can be caused by a wide variety of accidents, including car accidents, workplace accidents, sports accidents, and slips, trips, and falls. These range from mild whiplash to more severe spinal injuries, with potential for long-term consequences.
Call 0800 470 0474 or request a call back today to find out if you are entitled to compensation for your neck injury. You will receive a free claim assessment, which is the perfect opportunity to discuss the details of your accident with an experienced legal adviser and find out if you have a valid claim.
Key points about neck injury claims
- Can I claim?
If your neck was injured in an accident caused by someone else’s negligence, you may be able to claim. - Who can I claim against?
Liability depends on the type of accident – it could be a driver, employer, property owner, or another party. - What is the time limit?
The standard limit is 3 years from the date of the accident or the date of knowledge. - How much could I get?
Compensation varies based on the injury type and severity, the impact on your life and ability to work, and other financial losses. - Do I have to pay anything?
No, your no win, no fee solicitor will only charge a fee if your claim is successful.
If you would like to speak to a legal adviser about making a claim, call free on 0800 470 0474 or click here to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
Table of Contents
Can I make a neck injury compensation claim?
Yes, if you have suffered a neck injury due to an accident that was somebody else’s fault, you may be able to claim compensation for the pain and suffering caused if the following apply to your case:
- Another party owed you a legal duty of care.
- They breached their duty by being negligent.
- Their negligence caused an accident to take place.
- You suffered a neck injury as a result.
- You are within the legal time limit for starting a claim.
A specialist personal injury solicitor can confirm your eligibility in as little as 10 minutes following a free, no-obligation case assessment over the phone.
Can I still make a claim if I was partially at fault for my injury?
Yes, you can still start a claim for a neck injury even if you were partially at fault for the harm you sustained. In this case, the concept of contributory negligence would apply, which can affect the amount of compensation you are entitled to receive.
For example, if you were injured in a car accident and it is determined that you were 20% at fault for the extent of your neck injury due to not wearing a seatbelt, your compensation may be reduced by 20%.
Who will my neck injury claim be made against?
Based on the circumstances of your accident, one of the following parties may be responsible for your injury and liable to pay you compensation:
- A driver who caused a vehicle collision by breaking the Road Traffic Act 1988.
- Your employer, if you were injured at work because of a breach of the Health and Safety at Work etc. Act 1974.
- A property owner or occupier who failed to maintain safe premises under the Occupiers’ Liability Act 1957.
- A product manufacturer or distributor may be liable under the Consumer Protection Act 1987 if you had an accident due to a faulty product.
Your solicitor will identify the liable party and help you seek the compensation you may be entitled to from them.
What is the time limit for making a neck injury claim?
In general, the time limit to claim compensation for a neck injury is three years from the date of an accident or the date of knowledge of the injury. There are some exceptions to the three-year limitation period, including the following:
- Child injury claims have no limitation period. Once the child turns 18, they have until 21 to claim compensation themselves.
- If the injured party lacks mental capacity, the time limit is suspended until recovery.
- You usually have two years to start a criminal injury claim if you were the victim of an assault.
- If you were injured while serving in the military, you have seven years to claim compensation through the AFCS.
How to make a neck injury compensation claim?
If you have suffered a neck injury due to someone else’s negligence, you may be entitled to compensation. The process is usually straightforward when handled by an experienced neck injury solicitor and includes the following steps:
Seek medical attention
Your health and safety should be your top priority. Make sure you seek medical attention as soon as possible after the accident, even if you do not feel like you have been seriously injured. This will ensure that your injuries are properly documented.
Gather evidence
Collect as much evidence as possible to support your claim, which may include:
- Photographs of the accident scene and any visible signs of trauma.
- Medical records detailing your injuries, treatment and recovery prospects.
- Witness statements and your own testimony.
- Copies of police or accident reports.
- CCTV or dash cam footage of the accident, if available
- Proof of financial losses, such as medical bills, receipts and pay slips.
Contact a solicitor
Seek legal advice from a specialist personal injury lawyer with experience handling neck injury claims. They can provide you with guidance and support throughout the claims process and help you gather any further evidence you need to start your claim.
Start the claims process
If you can claim for a neck injury, your solicitor will submit a letter of claim to the defendant, outlining the details of the accident and the injuries sustained, along with any evidence supporting your claim. They will have a limited time to acknowledge your allegations and send you a letter of response.
Negotiate a settlement
If the other side accepts your claim for neck injury compensation, your solicitor will negotiate with their insurance company to reach a fair settlement. If you cannot reach an agreement, your case may go to court.
Receive compensation
If your claim is successful, you will receive compensation for your injuries, financial losses and other damages you may have suffered due to the accident.
How much compensation can I claim for a neck injury?
The amount of compensation you could get for a neck injury will be calculated based on your specific losses. Generally, the more severe the injury is, the greater the compensation amount will be. Your settlement will take into consideration two types of damages:
- General damages refer to compensation for the pain and suffering you have experienced due to the injury. The amount awarded will depend on the severity of the injury, the impact on your quality of life, and the extent of the recovery period.
- Special damages refer to compensation for the financial losses that you have incurred as a result of the injury. These can include medical expenses, loss of income, travel costs and any other expenses you had to pay as a direct result of your accident.
Examples of neck injury compensation payments
According to the latest guidelines published by the Judicial College, you could receive the following compensation for your injury:
| Injury Type | Compensation Estimates |
|---|---|
| Whiplash injuries in road traffic accidents, depending on recovery time and related psychological damage | £275 to £4,975 |
| Soft tissue injuries resulting in chronic pain and long-term limitations | £6,680 to £12,900 |
| Cervical spondylosis causing limited movement and ongoing pain | £16,770 to £30,500 |
| Moderate neck injuries causing long-term pain, discomfort and limited range of motion, with a recovery period over five years | £30,500 to £46,970 |
| Injuries leading to chronic pain, significant mobility issues and inability to carry out daily activities as before the injury | £55,500 to £68,330 |
| Severe neck injuries, such as fractures and disc damage, leading to different levels of disability | £80,240 to £159,770 |
| Very serious injuries resulting in varying degrees of paralysis, suffering and reduced independence | Up to £181,020 |
How much will it cost to claim neck injury compensation?
If you injured your neck and may be entitled to make a personal injury claim, your solicitor will offer you a no win no fee agreement. No win no fee involves a conditional fee agreement, an arrangement between you and your solicitor that means you will not have to pay anything upfront for their services.
Instead, they will only be paid if your claim is successful and will take a percentage of the compensation you are awarded as their success fee. The fee is agreed upon from the beginning and cannot exceed 25% of your neck injury settlement.
To find out if you are eligible for a conditional fee agreement, call 0800 470 0474 today or enter your details into our online claim form to receive a free consultation with a legal adviser.
Most common causes of neck injuries
Many different types of accidents can result in a neck injury. Some of the most common causes leading to a personal injury compensation claim include the following:
Road traffic accidents
Car accidents, in particular, are among the leading causes of neck injuries and whiplash claims. Even low-speed collisions can overstretch the neck muscles and ligaments, leading to sprains and strains. More severe crashes may also cause fractures, dislocations and spinal injuries.
Criminal injuries and assaults
Being punched, kicked, or hit with an object can also result in various neck injuries, from bruises and lacerations to severe fractures. Blameless victims of violent crimes may be able to claim compensation through the Criminal Injuries Compensation Authority (CICA), a government-funded scheme.
Accidents at work
Many different situations may result in compensation for a neck injury at work. This can include slipping on a wet floor, tripping over cables or being hit by a falling object. Neck injuries can also develop over time due to repetitive work and poor posture.
Slips, trips and falls
Slips, trips, and falls are common accidents that can cause a range of neck injuries. When a person slips or trips, they can experience sudden jolts or impacts to their head and neck, leading to injuries such as whiplash, spinal cord damage, or neck fractures.
Sports accidents
Sports where collisions and falls are common, such as football, gymnastics or horse riding, can also lead to various neck injuries. Claims may arise when injuries are caused by unsafe facilities, poor supervision or defective equipment.
These accidents can cause many different types of neck injuries for which you may be able to claim compensation.
What are the main types of neck injuries?
Neck injuries can range from mild soft tissue damage to severe, life-changing conditions. Some of the common types of neck injury claims that solicitors deal with include:
Whiplash
Whiplash is one of the most commonly reported types of neck injuries and road traffic accident claims. These occur when the head is suddenly jolted forward and then backwards, causing the neck muscles, tendons and ligaments to overstretch or tear.
The symptoms of whiplash can vary in severity and include neck pain, stiffness, dizziness, fatigue, memory problems and difficulty concentrating. Full recovery can take anywhere from a few weeks to up to two years, depending on severity.
Fractures and dislocations
Fractures and dislocations are serious neck injuries that result from high-impact accidents such as car crashes, falls from heights, or sports-related injuries. These injuries may cause severe damage to the neck, spinal cord and surrounding nerves and blood vessels.
Common symptoms include intense pain, swelling, tingling, weakness in the arms, and difficulty moving the neck or head. In some cases, these may lead to chronic pain and reduced mobility.
Spinal cord injuries
Neck injuries involving the spinal cord often occur due to high-impact accidents such as road traffic accidents or scaffolding accidents. They can cause significant damage to the spinal cord, leading to long-term or permanent disability.
Symptoms of spinal cord injuries to the neck include severe pain, numbness or tingling in the neck, arms, or legs, difficulty breathing, loss of bladder or bowel control, and paralysis. These injuries require immediate medical attention to prevent further damage.
Slipped discs
A slipped disc injury in the neck, also known as a cervical disc herniation, occurs when a soft cushion between two vertebrae bulges or ruptures and presses on nearby nerves.
This typically causes pain, stiffness, tingling, numbness and weakness in the arms or hands. Common causes include trauma from car accidents, falls, or forcefully twisting the neck. Recovery may involve physical therapy to strengthen muscles and improve flexibility.
If you have experienced any type of injury that you believe was due to someone else’s negligence, you may have a valid claim for neck injury compensation.
Can I make a neck injury claim on behalf of my child?
Yes, you can claim on behalf of your child if they suffered a neck injury due to someone else’s negligence. As a parent or legal guardian, you can act as a litigation friend on their behalf, which means you can represent them in legal proceedings.
If your child is awarded compensation, it must be approved by a judge during an Infant Approval Hearing. The money will then usually be kept in a court account until the child turns 18. At this point, they can access the funds, plus any extra interest.
How long will it take to receive neck injury compensation?
The time it takes to complete the neck injury claims process can range from several months to several years, depending on the severity of the injury, liability disputes and the available evidence.
Simple cases with clear liability and minor injuries may be settled relatively quickly, sometimes in a matter of weeks or months. However, more complex cases involving severe injuries and disputed liability can take much longer, potentially several years.
Call 0800 470 0474 today or request a call back to find out if you could make a claim for compensation following a neck injury. A specialist solicitor will offer you a free case assessment and a no win no fee service if you are entitled to proceed.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
