Neck Injury Claims

Injuries to the neck can be caused by a wide variety of accident types. Some of the most common causes of neck injury claims include car accidents, accidents at work, sports accidents and slips, trips and falls.

Not only can a neck injury be extremely painful, but it can also cause mobility problems, making everyday tasks such as walking or driving difficult or even impossible. The duration of recovery for these types of injuries can vary significantly. For instance, a minor neck injury may result in pain and discomfort for a few weeks, but it typically heals completely. On the other hand, more severe trauma can lead to long-term or permanent disability.

If you have been involved in an accident within the last three years and have sustained damage to your neck, call 0800 470 0474 or request a call back today to find out if you are eligible for compensation. 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.

If you do have a valid neck injury claim, they can help you claim compensation on a no win no fee* basis. That means there are no upfront costs that you have to pay to start your claim. You also have the peace of mind, knowing that should your claim fail, you will not be left with the financial burden of paying legal fees. Your solicitors only receive a success fee if and when you receive neck injury compensation.

Can I make a neck injury claim?

If you have suffered any type of neck injury due to an accident that was somebody else’s fault, you have a legal right to claim compensation for the pain and suffering caused. To determine whether you have a valid neck injury claim, you should seek the advice of a personal injury solicitor. They will be able to assess your case, review the evidence, and advise you on whether you have a strong chance of success in pursuing compensation.

As a general rule, you should be entitled to compensation if you have evidence showing that:

• Another party or entity 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 became aware of the negligence and your injury in the last three years

Your solicitor will know whether you were owed a duty of care and will refer to the relevant legislation to prove a breach of duty. Based on the circumstances of your accident, one or more of the following UK laws might apply to your case:

• The Road Traffic Act 1988, if you were injured in a road accident such as a car collision, while riding a bike or as a pedestrian;
• The Health and Safety at Work etc. Act 1974 might hold your employer liable if your neck injury was caused by a workplace accident or due to poor working conditions;
• The Occupiers’ Liability Act 1957, if you were injured in a public place, such as a bar, restaurant or supermarket, due to the owner’s negligence;
• The Consumer Protection Act 1987 will hold the manufacturer or seller liable for neck injury compensation if you had an accident due to a faulty product.

It is crucial to remember that you could be able to start a claim for 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%.

Most common causes of neck injuries

Many different types of accidents can result in some form of neck injury. While some of these accidents may be a person’s own fault, others can result from the negligence of a third party. If your neck injury was due to someone else’s negligence, it is essential to remember that you may have the right to claim damages.

Some of the most common causes leading to a claim for neck injury compensation include the following:

Car and other road accidents

Road traffic accidents, and car accidents in particular, are common causes of neck injuries, with the most commonly known being whiplash. When vehicles collide, even at relatively low speeds, the force of the impact often causes a person’s head and neck to be thrust backwards and forwards in a sudden jerking motion. This leads to the hyperextension of the muscles and ligaments in the neck and can even result in fractured or broken bones.

Criminal injuries and attacks

Criminal injuries and attacks can often result in neck injuries. For example, if someone is assaulted or attacked, they may suffer a neck injury from being punched, kicked, or hit with an object. Victims of violent crimes may be able to claim for neck injury through the Criminal Injuries Compensation Authority (CICA). The CICA is a government-funded organisation that provides compensation to blameless victims of violent crime, including those who have suffered a neck injury.

Accidents at work

Many different situations at work may result in an employee suffering from a neck injury. This can include slipping on a wet floor, tripping over cables in an office environment or being hit by a falling object in a factory or warehouse. Neck injuries can also be due to repetitive work without adequate training or unsafe practices. If you’re employer was at fault for causing your neck injury, you could be entitled to make a work accident compensation claim.

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 fractures. Such accidents can occur due to icy pavements, wet floors, uneven stairs and poor housekeeping.

Sports accidents

Neck injuries can occur in any sport, but athletes participating in contact sports such as football, basketball or rugby are particularly susceptible to this type of trauma. Some common sports-related neck injuries include whiplash, muscle strains, ligament sprains, and herniated discs. These injuries can result from impacts, collisions, or sudden twisting or turning movements, which can cause damage to the neck muscles, ligaments or spine.

If you have suffered an accident and believe it was due to someone else’s negligence, use our online claim form or call 0800 470 0474 for a free, no-obligation consultation. A fully trained legal adviser will assess your case and ascertain the strength of your neck injury claim.

What are the main types of neck injuries?

There are many different types of neck injuries that a person may suffer as a result of an accident. Some of the common types of neck injury claims that solicitors work with include:

Whiplash

Whiplash is a common injury that may occur when the head and neck are suddenly jolted forward and then backwards, causing the neck muscles 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 between several days to two years, depending on severity.

Sprains and strains

Neck strains and sprains are injuries to the muscles and ligaments in the neck, which can be due to sudden twisting or turning movements, such as in a car accident or sports injury, or by gradual wear and tear over time. Symptoms include limited range of motion, pain, muscle spasms and tenderness. In most cases, these types of injuries can be treated with basic measures such as rest, ice or heat therapy, over-the-counter pain medication, and gentle stretching exercises.

Repetitive stress injuries

Repetitive strain injuries (RSI) can also affect the neck, particularly in people who perform repetitive motions or maintain poor postures for long periods. Text neck is a common type of RSI caused by holding the head in a forward and downward position for extended periods while using a mobile device, tablet or computer. This can strain the neck muscles and cause pain and stiffness.

Dislocations or fractures

Neck dislocations or fractures are severe injuries that can result from high-impact accidents such as car crashes, falls from heights, or sports-related injuries. These injuries can cause severe damage to the neck, spinal cord and surrounding nerves and blood vessels.

Neck dislocations occur when the bones in the neck are forced out of their regular positions. This can result in intense pain, swelling, and difficulty moving the neck or head. Fractures, on the other hand, occur when one or more of the bones in the neck are broken. This can cause severe pain, numbness, tingling, and weakness in the neck, arms, or hands.

Ruptured tendons

Ruptured tendons in the neck can be caused by trauma, such as a fall or car accident, or by repetitive strain or overuse of the neck muscles. These injuries can cause severe pain, stiffness, and limited mobility in the neck. If the ruptured tendon is not treated correctly, it can lead to permanent disability. This is because tendons are essential for connecting muscles to bones and allowing for movement. Without proper function of the tendons in the neck, it can be challenging to move the head and neck and perform daily tasks.

Spinal cord injuries

These injuries can 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 can 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.

Pinched nerve

A pinched nerve in the neck can occur when a nerve is compressed or irritated by surrounding tissues, such as muscles, bones, or ligaments. Common causes of a pinched nerve in the neck include herniated discs, spinal stenosis, osteoarthritis, or repetitive motion injuries. Symptoms may include pain, tingling, numbness, or weakness in the affected area.

If you have experienced any type of neck injury that you believe was due to someone else’s negligence, you should seek legal advice as soon as possible. If you have a valid neck injury claim, a solicitor will help you gather all the necessary evidence to secure compensation on your behalf.

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. Here are the steps you should take to make a neck injury compensation claim:

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 also 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 trauma
• Medical records stating the type and extent of your injuries, treatments received and recovery prospects
• Witness statements may help confirm your version of the events and establish liability
• Any relevant documentation, such as police reports or accident reports
• CCTV or dash cam footage of the accident, if available
• Evidence of financial losses, such as any medical bills, receipts and pay slips

Contact a solicitor: It is essential to seek legal advice from a specialist personal injury solicitor with experience handling neck injury claims. They can provide you with guidance and support throughout the claims process.

During your free assessment, you will be asked a few questions about the accident and the injuries you have sustained. The solicitor will use this information to assess if you are eligible to make a claim for a neck injury and its likely outcome. This consultation also allows you to ask any questions about your case and verify what will be required to progress with the claim.

Initiate the claims process: If you have a valid neck injury claim, your solicitor will initiate the claims process on your behalf. This may involve submitting 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.

To get started with a neck injury claim or learn more about the claims process, call 0800 470 0474 today for a free consultation with a legal adviser. Or, if you prefer, fill in our online claim form to receive a no-obligation call back.

How much compensation will I be awarded for a neck injury?

Having evaluated the details of your specific case, your solicitor will be in a position to offer you a realistic guideline as to how much neck injury compensation you can expect to be awarded for your claim.

The final amount awarded will vary from case to case, so it is essential to recognise that this will heavily depend upon your circumstances. It is your solicitor’s responsibility to demonstrate the severity of your condition and the impact that it has had and may continue to have on your life.

Generally, the more severe the illness or 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. General damages are intended to compensate for the physical and emotional effects of the injury. They are awarded according to the guidelines published by the Judicial College, such as:

• Up to £2,450 for a relatively minor injury with full recovery within three months
• £2,450 to £4,350 for a neck injury with recovery between three months and one year
• £4,350 to £7,890 if the injury takes up to two years to heal or it has exacerbated an existing condition
• £7,890 to £13,740 for moderate injuries such as soft tissue damage, fractures or dislocations with recovery within five years
• £13,740 to £24,990 for neck injuries causing long-term pain, discomfort and limited range of motion, with a recovery period over five years
• £24,990 to £38,490 for chronic pain, significant mobility issues and inability to carry our daily activities as before the injury
• £45,470 to £130,930 for severe neck injuries such as fractures and disc damage leading to different levels of disability
• Up to £148,330 for very severe injuries resulting in varying degrees of paralysis, suffering and reduced independence

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. Special damages are intended to reimburse the claimant for the financial impact of the neck injury and are calculated based on evidence such as pay slips, receipts and invoices.

If you believe you have a valid claim for a neck injury, speak to an experienced solicitor today to obtain a realistic estimate of your likely award based on your specific circumstances.

How long will it take to complete my case?

The length of time it takes to complete a neck injury claim can vary depending on several factors, including:

• The complexity of the case
• The severity of the injury
• The amount of evidence available
• The willingness of the parties to negotiate a settlement
• Whether your claim goes to court

To obtain a successful outcome, your solicitor will need to prove liability, diagnosis and the severity of the damages and losses caused to you. To do this, they must gather evidence and documentation and present the case to the defendant, which could take up to several months. The quicker you can collate the necessary proof, the quicker your case can be completed.

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.

It is important to note that every case is different, and there is no one-size-fits-all answer to how long a neck injury claim will take. Your solicitor will be able to give you a better estimate based on the specific circumstances of your case.

Additionally, you should keep in mind that the process can be lengthy and involve several stages, including gathering evidence, negotiating with the other party’s insurance company, potentially going to court, and waiting for a final resolution. It is essential to be patient and prepared for a potentially lengthy process while working closely with your solicitor to ensure your case is handled as efficiently as possible.

What is the time limit for making a neck injury claim?

In general, the time limit for making a neck injury claim in the UK is three years from the date of an accident or the date of knowledge of the injury. The limitation date is set out by the Limitation Act 1980, which also gives the court authority to override it when it is fair and reasonable to do so.

There are some exceptions to the three-year time limit, including the following:

• If the person who suffered the neck injury was a minor at the time of the accident, the three-year time limit starts from their 18th birthday, giving them until they are 21 years old to make a claim.
• There is no time limit for a litigation friend to start a neck injury claim on behalf of someone who lacks mental capacity. This could be due to the neck injury itself or a pre-existing condition such as a mental health disorder or intellectual disability.
• If a loved one passed away due to a neck injury, you could start a claim within three years from the date of death or when you discovered the cause of death.
• If you suffered an accident abroad, the claim limitation date may vary considerably between countries and may be much shorter than three years.
• According to the CICA rules, you have two years to start a neck injury claim if you were the victim of a criminal assault.
• If you were injured while serving in the military, you have seven years to claim neck injury compensation through the AFCS.

It is crucial to seek legal advice as soon as possible after an accident, as the process of gathering evidence and preparing a claim can take time. Waiting until the last minute to start legal proceedings can make it more difficult to gather evidence and build a strong case, which can ultimately affect the outcome of your claim.

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 have the right to act as a litigation friend for your child, which means you can represent them in legal proceedings.

To pursue neck injury compensation for your child, you should follow these steps:

• Contact a personal injury solicitor who has experience in handling child injury claims. They will be able to guide you through the process and provide you with legal advice.
• Gather necessary documents, such as your child’s birth certificate, medical records relating to the neck injury or photographs of the accident scene.
• Submit a court application to become your child’s litigation friend. The court will assess whether you are suitable to act on their behalf and will also consider the best interests of the child.
• Once you have been appointed as a litigation friend, you will be responsible for managing the claim on behalf of your child. This includes communicating with the solicitor, providing instructions and making decisions about settlement offers.

If your child is awarded compensation, the money will usually be kept in a court bank account until they turn 18. At this point, the court will release the funds to them by cheque, plus any extra interest. Alternatively, your solicitor could help you set up a personal injury trust for your child. That will ensure their compensation will be ring-fenced and not affect their eligibility for any means-tested benefits.

In cases where the compensation is not substantial, and all parties agree to it, the award might be released to the parent or guardian. If this is not possible, you can still apply for early release of some of the funds if you can show the court that it is in the child’s best interest or you have to cover medical expenses you cannot otherwise afford to pay.

How much will it cost to claim neck injury compensation?

If you have a valid neck injury claim with a fair chance of success, your solicitor will offer you a no win no fee agreement. This service gives everyone the opportunity to pursue compensation if they suffered losses due to someone else’s negligence, regardless of their financial situation and without taking any risks.

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 settlement.

As part of your no win no fee claim, your solicitor will also ensure you will incur no out-of-pocket expenses for legal charges if your case fails. That is made possible by the After the Event (ATE) insurance policy, a legal expenses insurance that covers:

• The defendant’s solicitor fees
• Court and council fees
• Travel expenses
• The cost of medical and police reports
• Expert witness fees
• Barrister fees if your case goes to court
• The cost of the ATE policy

No win no fee is a popular way of funding a neck injury claim, as it allows you to pursue compensation without taking any financial risks. To find out if you are eligible for a conditional fee agreement, call 0800 470 0474 today or enter your details below to receive a free consultation with a legal adviser.