What You Need To Know About Neck Injury Claims
In this guide, you will learn everything you need to know about making a valid neck injury claim. We’ll discuss different types of neck injuries and what steps you could take to build evidence for a personal injury claim. We’ve also featured a neck injury settlement calculator to help determine how you can get the maximum compensation you deserve.
Our team of advisors can offer a free consultation of your case and you won’t be obligated to use our services. However, if you have a valid claim, you could be connected to our panel of solicitors. You can request a call back by filling out the form at the top of this page. In addition, you can get in touch by:
- Using the live chat feature to the right of your screen
- Using our website to contact us
- Calling us on the number at the top of this page
Choose A Section
- Guidance – Neck Injury Claims
- Determining Compensation For Your Injured Neck
- Understanding Neck Injuries And Neck Injury Claims
- How Do Neck Injuries Happen?
- How Can A No Win No Fee Agreement Help You?
- More Information – Neck Injury Claims
Whether you have injured your neck at work, on the road or in a public place, if you can prove the accident happened as a result of a third party’s negligence, you might have grounds for a valid claim. In addition, you must have evidence that a third party owed a duty of care to you and this duty of care was breached, therefore causing your accident. If the accident then caused your neck injury, you could be liable to claim.
How Often Do Neck Injuries Happen?
A report produced by the Health and Safety Executive found that 212,000 employees suffered from work-related musculoskeletal disorders affecting their upper limb or neck in 2020/21. The Labour Force Survey found that 441,000 workers sustained a non-fatal injury in the workplace during this time.
In the past year, the Compensation Recovery Unit has had 52,724 cases registered due to claims following accidents in public. There were 387,687 cases registered involving motors. Furthermore, government statistics show that 119,850 casualties of all severities on the road were recorded in the year ending June 2021.
Our advisors can clarify whether you have a legitimate claim or not. Depending on if you have a valid claim, you might be connected to our panel of personal injury solicitors.
In order to claim for damages, you must be able to prove that a third party owed you a duty of care but was negligent, resulting in you being injured. There are two heads of damages that you could claim for if you have injured your neck:
- General damages: Any physical or psychological harm inflicted by your accident, for example, your neck injury. A medical report would provide proof of your injury. If you use our services, a solicitor from our panel can help you obtain a medical report.
- Special damages: Financial losses that you have incurred due to your neck injury, for example, loss of wages or medical fees. Keep hold of wage slips, receipts and statements to provide evidence of your financial losses.
To determine how much you may receive for general damages, we can take compensation brackets from the Judicial College Guidelines. The 16th edition was published in 2022 and uses settlements from past court cases to suggest how much you might receive for various injuries.
|Severe (i) Neck Injury||In the region of £148,330||You may have to wear a collar 24 hours a day over a period of years, but your neck will still struggle to move or may not move at all.|
|Severe (ii) Neck Injury||£65,740 to £130,930||There will be a significant loss of movement in the neck and may involve serious damage to discs in the cervical spine.|
|Severe (iii) Neck Injury||£45,470 to £55,990||The level of award within this bracket is determined by factors such as the extent of the treatment required, the seriousness of symptoms and the prognosis.|
|Moderate (i) Neck Injury||£24,990 to £38,490||Pre-existing degenerative changes may be accelerated due to the severity of the injury.|
|Moderate (ii) Neck Injury||£13,740 to £24,990||Your neck may be in permanent pain and there could be stiffness or discomfort.|
|Moderate (iii) Neck Injury||£7,890 to £13,740||This bracket applies to moderate soft tissue injuries and where you may be left vulnerable to further trauma.|
|Minor (i) Neck Injury||£4,350 to £7,890||A full recovery is expected by two years at the latest, while exacerbation injuries are also covered in this bracket.|
|Minor (ii) Neck Injury||£2,450 to £4,350||You will have completely recovered within the space of a year.|
|Minor (iii) Neck Injury||Up to £2,450||A complete recovery will be made within three months.|
|Severe Shoulder Injuries||£19,200 to £48,030||Associated with neck injuries and may involve serious damage to the brachial plexus.|
Our advisors can value your claim for free. Why not get in touch?
Neck injuries can happen in accidents anywhere; however, there are key pieces of legislation in place to enforce health and safety measures. In this section, we will discuss the different scenarios for potential accidents and what legislation may protect you.
The Health and Safety at Work etc. Act 1974 puts a responsibility on employers to do what is ‘reasonably practicable’ to ensure the safety and welfare of employees and non-employees. For example, you might work in a warehouse and have to lift heavy boxes. If your employer does not provide you with adequate training on manual handling, you could sustain a neck injury or back injury such as a slipped disc.
On The Road
Road users should follow The Highway Code, otherwise they may endanger themselves or others. Furthermore, motorists have a duty of care to other road users under the Road Traffic Act 1988. For example, section 5 of the act forbids motorists from driving over the drinking limit. If a motorist ignores this law, their reactions to oncoming traffic may be slower. Therefore, a car accident could potentially occur and cause injuries like whiplash.
In A Public Place
The Occupiers’ Liability Act 1957 sets out a duty of care that controllers of land and premises owe to lawful visitors. They should it’s safe for visitors to use. That duty of care must be breached in order for the occupier to be liable for your accident and injuries. For example, you could trip and fall over a raised paving slab. The party in control, such as the council, may be liable for your injuries if they didn’t take reasonable measures to deal with the pavement defect before it caused harm.
If you feel like we haven’t covered your situation in the examples above, don’t hesitate to speak to our advisors. They can offer you a free consultation on your case.
To claim for a neck injury, you must be able to answer ‘yes’ to the following:
- Did a third party owe a legal duty of care to you?
- Did they breach this duty of care, causing an accident?
- Were you injured as a result of this accident?
Immediately following your accident, it may be in your best interest to seek medical attention. Not only can it get you the right support for your injuries, but medical reports can provide crucial evidence of the extent of your injuries. There are different ways you could gather evidence, including:
- Obtaining CCTV footage of the accident occurring
- Photographing your injury and the scene of the accident
- Collecting witness contact details for statements at a later date
It could also be worth your time to seek legal advice. Sometimes, it can be difficult to prove what you are claiming. However, a solicitor from our panel can make sure that you cover all bases and put together a strong claim.
Finding the funds to begin the legal process with the help of a solicitor may seem daunting, but we have the solution for you. A No Win No Fee agreement is a way to fund legal representation without incurring hidden fees. Our panel of personal injury solicitors offer their services on a No Win No Fee basis for all claims they accept. The reasons you may benefit, include:
- No upfront solicitor fees
- Not paying your solicitor fees if the claim fails
- Only paying a legally capped fee from your compensation to your solicitor if your claim is successful
Get Advice On Neck Injury Claims
If you want to be connected to a No Win No Fee solicitor from our panel, speak to our team today. An advisor is available to speak using our live chat function. Otherwise:
- You can contact us
- Call us by heading to the top of this page
- Request a callback
You are now coming to the end of this guide on neck injury claims, but before you go, we wanted to share additional resources with you.
Neck pain – NHS advice on dealing with neck pain.
Statutory Sick Pay (SSP) – Government guidance on sick pay.
RIDDOR – The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
If you have found this guide useful, you might enjoy some more of our articles:
- The Personal Injury Claims Process
- Which Claims Fall Under Personal Injury?
- The Definition of No Win No Fee Agreements
- Top Tips for Making a Gym Accident Claim
- What Are No Win No Fee Agreements In Personal Injury Law?
- What Evidence Is Needed For A Personal Injury Claim?
- What Determines The Best No Win No Fee Solicitors?
- Slips, Trips and Falls Compensation Claims
- A Guide To Restaurant Accident Claims
- Compensation Payout For A Nursery Accident
- Find Personal Injury Solicitors Near You
- Compensation Amounts For A Broken Leg Claim
- How Much Is A Head Injury Claim Worth?
- How To Claim Accident In A Supermarket Compensation
- How To Claim Under The Fatal Accidents Act 1976
- How To Successfully Claim Compensation For A Nose Injury
- Making A Claim For An Accident In A Nursery
- What Is The Personal Injury Claims Time Limit?
- Shoulder Injury Claims Explained
- What Are The Payouts For Arm Injury Claims?
This concludes our guide on making a neck injury claim. We hope you feel confident to take action and get the compensation you might be owed.
Written by JEN
Published by VIC