You may be wondering how to make a neck injury claim. If so, this guide could help you understand when you might be eligible to seek compensation.
If you suffered a neck injury because of someone else’s negligence, you could be eligible to make a personal injury claim. Negligence involves someone breaching the duty of care they owed you. In order to claim, you must prove that their negligence caused you to sustain harm.
This guide will provide information on when someone might owe you a duty of care, how they can breach it and examples of accidents that could be caused as a result.
Additionally, we will discuss how compensation is calculated and the evidence you can gather to support your claim.
If you require any additional information, you can get in touch with an advisor. To contact them, you can:
Select A Section
- What Is A Neck Injury Claim?
- What Neck Injuries Could You Claim For?
- Changes To Whiplash Injury Claims
- How Do I Make A Neck Injury Claim?
- Calculating Neck Injury Compensation Payouts UK
- Start Your Neck Injury Claim Today
In various areas and situations, you are owed a duty of care. This means, there is a responsibility placed on someone to do everything they reasonably can to make sure you are kept safe from harm.
You may be owed a duty of care by:
- Your employer: They owe you a duty of care under the Health and Safety at Work etc. Act 1974. If they fail to do so, it could result in you experiencing harm in an accident at work.
- The person in control of a public space: They owe you a duty of care under the Occupiers’ Liability Act 1957. If they fail to do so, it could result in you experiencing harm in a public place accident, such as a supermarket accident.
- Another road user: The Highway Code provides guidance on all road users responsibilities when navigating the roads. If they fail to do so, you could experience harm in a road traffic accident.
A neck injury is one of the many injuries that could be sustained in these types of accidents. If the injury you sustained was caused by someone else’s negligence, please get in touch with our team about whether you can make a neck injury claim.
There are various types of neck injuries, such as:
- Herniated discs
- Cervical fractures
- A whiplash injury
- Ligament tears
- Nerve damage
The type and severity of the injury you sustain are some of the factors that may be considered when valuing your claim. However, if you would like an accurate estimate of the value of your claim, please reach out to one of our advisers.
The Whiplash Reform Programme was officially launched on the 31st May 2021. As part of the reforms, certain claims for whiplash injuries need to be made through the governments online portal.
The changes affect passengers and drivers of vehicles over the age of 18 with injuries that are valued at £5,000 or less. Additionally, claims made through the portal are calculated using a tariff of injuries in the Whiplash Injury Regulations 2021.
However, if injuries are valued at £5,000 or more, claimants can make their claim the traditional way. As such, claims are valued using other resources, such as medical evidence.
For more information on how the whiplash reforms may affect the avenue you take to make a neck injury claim, call our team.
Will The New Small Claim Rules Affect Me?
There are certain criteria that will affect how you make a claim for soft tissue injuries sustained in low-value road traffic accidents. For instance, in order to claim through the portal your:
- Injuries must be worth £5,000 or less
- Accident must have occurred on or after the 31st May 2021
- A passenger or driver of a vehicle
- Over the age of 18
- Accident occurred in England & Wales
To find out more about the process your neck injury claim may follow, call our team.
In order to make a neck injury claim, you must be able to prove the following:
- Someone owed you a duty of care
- They failed to uphold the duty of care they owed
- You sustained harm, either physical or psychological, as a result
For that reason, gathering evidence of negligence is an important part of the claims process. This could include evidence of the injury, such as medical reports from an independent medical appointment.
A solicitor can arrange for you to attend this in an area local to you. The report can highlight the full extent and nature of the harm you sustained. As such, it can be useful evidence to provide in support of your claim.
Additionally, you could gather evidence of the accident, such as:
- Witness contact details
- CCTV footage
- Records of the accident report book
- Photographic evidence of the accident scene
You may also find it beneficial to seek legal advice from a solicitor. If so, you can get in touch with our team. They can assess your eligibility to seek compensation. If your claim is valid, they may assign a solicitor from our panel to represent your neck injury claim.
You could seek compensation for both the pain and suffering of the injury you suffered, and any financial impact it may have had on you.
You would seek compensation for the pain and suffering of the injury under general damages. The value of this head of claim is often calculated using a document called the Judicial College Guidelines (JCG) as well as other resources, such as medical evidence.
The guidelines outline compensation brackets for different injuries. We have included figures listed in the 2022 edition of the JCG in the table below.
Injury Notes Award
(a) Severe Neck Injuries: (i) Examples of injuries in this bracket include a neck injury that results in spastic quadriparasis of a permanent nature. In the region of
(a) Severe Neck Injuries: (ii) Injuries in this bracket include serious fractures or cervical disc damage causing disabilities of a considerable severity. £65,740 to
(a) Severe Neck Injuries: (iii) Injuries in this bracket include fractures or dislocations that cause disabilities of a significant nature and chronic conditions. £45,470 to
(b) Moderate Neck Injuries: (i) This bracket includes cases where immediate symptoms present themselves after fractures or dislocations. A spinal fusion may be needed. £24,990 to
(b) Moderate Neck Injuries: (ii) Cases in this bracket might include those with limited movement and recurring pain from a soft tissue injury. £13,740 to
(b) Moderate Neck Injuries: (iii) Cases in this bracket include soft tissue injuries with a long recovery time. £7,890 to
(c) Minor Neck Injuries: (i) Minor soft tissue injury that sees a full recovery within two years. £4,350 to
(c) Minor Neck Injuries: (ii) Minor soft tissue injury that sees a full recovery within three months to a year. £2,450 to
(c) Minor Neck Injuries: (iii) Minor soft tissue injury that sees a full recovery made within three months. Up to £2,450
(a) Severe Shoulder Injury There will have been brachial plexus damage causing a significant disability. £19,200 to £48,030
If you have suffered financial effects because of your neck injury, you would claim these costs back under special damages. This can include any financial losses or costs you have suffered because of the injury such as:
- Loss of earnings
- Costs towards treatment or care
- Home adaptation costs
For more information on the compensation you could be awarded following a successful neck injury claim, call our team.
A solicitor can help you make your claim on a No Win No Fee basis. This type of service, which includes solicitors operating on a Conditional Fee Agreement, can mean you would not have to pay an upfront fee for their services. Additionally, you would not pay for their services if your claim fails.
The agreement you sign before claiming will outline the success fee charged from your compensation in a successful claim. This fee is capped by law.
This is a service our panel of solicitors can offer. If you have anymore questions, you can:
Related Whiplash Claim Resources
Other resources that could be helpful include:
- GOV: Statutory Sick Pay
- NHS: Whiplash
- NHS: Request medical records
- Train Accident Claims
- Hit & Run Compensation Claims
- Public Park Accident Claims
We hope this guide on making a neck injury claim has helped. However, if you have any additional questions, please get in touch using the details at the top of the page.