How to Make a Car Accident Neck Injury Claim
You may be able to make a car accident neck injury claim if you’ve been involved in a road traffic accident that was caused by negligence. This guide looks at what you need to prove to make a compensation claim.
In it, we cover the duty of care all road users owe to each other. We explore accidents that could occur if this is breached. If the accident that caused your injuries resulted from a breach in the duty of care, then you might be able to claim compensation.
Following a road traffic accident, there are certain steps you can take to strengthen your claim. We will explain what these are and the evidence you could collect in support of your claim.
We explore possible compensation amounts for neck injuries. In addition, we provide a few examples of what costs you could recover under special damages. Also, we take a look at the Whiplash Reform Programme and how the new rules that have been introduced could affect your claim.
The process of making a claim for a neck injury could feel easier with the support and guidance of a solicitor. We look at No Win No Fee arrangements and how they can help you fund legal representation when claiming.
You can contact our advisors at any time with your questions in regards to your potential claim. If you decide to go ahead with the process and your claim is valid, they could put you in touch with our panel of personal injury lawyers.
Contact us today by:
- Phoning the number at the top of the screen.
- Using the live chat feature.
- Starting your claim online.
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- Guidance On Making A Car Accident Neck Injury Claim
- Determining Compensation For Car Accidents
- Understanding Road Accidents
- Causes That Lead To A Car Accident Neck Injury Claim
- How Could I Get A No Win No Fee Agreement?
- More Information On Making A Car Accident Neck Injury Claim
Road users owe each other a duty of care. This is set out in the Road Traffic Act 1988. The Highway Code sets out the ways that road users are expected to act. The duty of care applies to all road users, not just drivers.
Under the duty of care, road users must reduce the risk of injury for themselves and other road users. In order to make a car accident neck injury claim, you must be able to prove you were owed a duty of care and a breach in it resulted in your injuries.
If your injury is valued at £5,000 or less and occurred on or after 31st May 2021, you must claim through a government portal. This applies if you were an adult driver or passenger at the time the incident happened. However, we still recommend getting in touch with us as you may be undervaluing your injuries.
Once your claim is settled, you can’t then go on to retroactively be compensated for more injuries, which is why it’s important that your claim covers everything initially. Contact our advisors to see if you could be provided with a lawyer from our panel.
Your potential compensation for a neck injury in a car accident could be made up of two heads. General damages form the first head and you might be able to recover costs under special damages. We explore both in further detail below.
As part of your car accident neck injury claim, you might be invited to an independent medical assessment. This helps your claim by gaining a fuller understanding of your injuries and what impact they might have on your life.
If you are claiming through the government portal due to the Whiplash Reform Programme, your medical assessment can be arranged for you.
You will receive general damages to compensate for your injuries, including any related psychological injuries. To help assign value to your injuries, legal professionals refer to a document called the Judicial College Guidelines (JCG). Injuries are listed alongside their associated guideline compensation brackets.
We’ve included examples from the 16th edition of the JCG, which was released in April 2022, in the table below.
|Tetraplegia||£324,600 to £403,990||Paralysis of both sets of limbs.|
|Paraplegia (b)||£219,070 to £284,260||Where the lower half of the body is paralysed|
|Severe neck injuries (i)||In the region of £148,330||Incomplete paraplegia or spastic quadriparesis from a neck injury.|
|Severe neck injuries (ii)||£65,740 to £130,930||Considerably severe disability from serious fractures or damage to discs.|
|Severe neck injuries (iii)||£45,470 to £55,990||Chronic conditions and permanent significant disability from fractures, dislocations or severe soft tissue damage.|
|Moderate neck injuries (i)||£24,990 to £38,490||Severe immediate symptoms from injuries such as fractures and dislocations.|
|Moderately severe psychological damage||£19,070 to £54,830||Significant problems coping with life and relationships but with an optimistic prognosis.|
|Moderate neck injuries (ii)||£13,740 to £24,990||Permanent or recurring pain and limited movement from soft tissue or wrenching injuries.|
|Moderate neck injuries (iii)||£7,890 to £13,740||Accelerated or exacerbated pre-existing condition from injuries.|
|Minor neck injuries (i)||£4,350 to|
|Full recovery within one to two years or short term injury exacerbation.|
Under this head, you could potentially recover the costs you incurred due to your injury. You will need evidence of costs to recover them. This could take the form of receipts, invoices and payslips.
Costs recovered under special damages could include:
- Loss of earnings and future earnings.
- Medical expenses and devices.
- Home adaptations.
It is expected of road users to reduce injury risks to themselves and to other road users. This is part of the duty of care as defined by the Highway Code.
All road users must act in accordance with the Highway Code. Failure to do so could lead to road traffic accidents.
Cycling accidents could occur, for example, if an HGV driver fails to check their mirrors before making a turn. This could cause them to turn when it’s not safe to do so and knock a cyclist from their bike.
Similarly, a car driver could cause a motorcycle accident if they travel above the speed limit. Travelling too fast and following the motorcycle too close could mean that they’re unable to stop when the motorbike comes to a halt. This could cause them to collide with the back of the other vehicle, throwing the motorcyclist from their bike and causing them to fracture their neck.
To discuss potential car accident claims, contact our advisors 24 hours per day, seven days per week. If you have a valid claim, you could be connected with a No Win No Fee solicitor from our panel.
You could be asking yourself, ‘how often do car accident claims go to court?’. The majority of car accident claims don’t go to court.
As part of the claims process, you will need to supply evidence in support of your claim. You need to prove that the duty of care you were owed was breached. This breach must have resulted in your injuries.
Steps to take
There are steps you can take after an accident that could strengthen a car accident neck injury claim. A solicitor might be able to help you with some of these, or can give you advice on the evidence that could be used to support your case.
After an accident, you should:
- Seek medical attention.
- Request CCTV footage if available.
- Take photographs or asked for photos or dashcam images from witnesses. Witnesses can also provide their contact details to give a statement at a later date.
- Seek legal advice. It’s not a requirement, but you may find that the experience and support of a legal professional are very useful in the claims process.
Free legal advice about your car accident neck injury claim is available from our advisors. Get in touch today for answers to any questions you might have.
A personal injury solicitor could make the claims process seem easier. The fees associated with legal representation could seem prohibitive. However, you could use a No Win No Fee solicitor instead.
Instead of charging a solicitor’s fee upfront, if your claim is successful, your solicitor will take a success fee from your award. It is legally capped. That means that if your claim isn’t successful, you won’t pay your solicitor for their services.
Get Advice On Making A Car Accident Neck Injury Claim
Free legal advice is available 24 hours per day, seven days per week. Your neck injury claim value could be estimated by an advisor on our team. This will help you understand if you need to make a claim through the government portal or if you should make a personal injury claim in the traditional way instead.
Our advisors can help you start your car accident neck injury claim today. If your claim seems eligible and you would like to go ahead, we could connect you with our panel of personal injury solicitors. All our solicitors use No Win No Fee arrangements.
To get in touch:
- Begin your claim online
- Call us on the number at the top of your screen
- Use the live chat feature on this page
The following links might be helpful:
- Neck Pain Guide from the NHS
- Whiplash Reform Program Information from the Government
- First Aid on the Road Guide
And more guides from our site:
- How To Make A Claim After A Road Traffic Accident
- Compensation Claims When Using Cycling Accident Solicitors
- Can I Claim For An Accident On Public Transport?
- How Much Could I Get For A Bus Accident Claim?
- Compensation Amounts For A Car Park Accident Claim
- Motorcycle Accident Claims – No Win No Fee Solicitors
- Can I Claim After I Had An Accident On Public Transport?
- Can I Claim For An HGV Accident?
- What Are The Payouts For Pedestrian Accident Claims?
- How To Claim Whiplash As A Passenger
- Maximum Car Accident Claim Payouts
- How To Make A Passenger In A Car Accident Claim
- Can I Claim For A London Taxi Accident?
- MIB Claims After An Accident With An Untraced Driver
- What To Do When Making A Fatal Car Accident Claim
- Minor Car Accident – Can I Claim?
- Compensation Amounts For A Taxi Passenger Accident Claim
- A Guide to Car Accident Claim Solicitors
- A Guide To Taxi Accident Claims
- Calculating Your Whiplash Claim Amounts
- Where Can I Find The Best Pedestrian Accident Solicitors?
- What Is The Average Settlement For A Taxi Cab Accident?
If you have any more questions about making a car accident neck injury claim, get in touch with us today.
Writer Danielle Ball
Publisher Fern Stewart