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If you’ve sustained neck injuries in an accident, you could experience several life-altering consequences including chronic pain, radiating numbness, dizziness and reduced mobility. Beyond physical symptoms, neck injuries can give rise to serious mental health issues, encompassing anxiety, depression and personality changes arising from frustration and feelings of hopelessness. A person may be able to start the neck injury claims process if the injury was caused by the negligent acts or inactions of a third party, whether it be on roads, at a workplace, in public, in healthcare settings or due to a criminal assault.
Due to their unique nature, personal injury compensation for neck injuries will be calculated on a case-by-case approach, considering the severity of harm suffered, the prognosis period, the overall effect on quality of life and any consequential financial losses. If you work with one of the expert personal injury solicitors from our panel, they will reduce the stress associated with the claiming process by seeing to all of the paperwork and negotiating while you focus on your recovery.
At Legal Helpline, our advisors are committed to providing a high-quality service to people who would like to claim compensation for a neck injury caused by another party. Through our free case checks, an advisor will assess the merits of your neck injury claim, advising you on the strengths and weaknesses of your case. Following this, you could be connected with one of the specialist No Win No Fee personal injury solicitors from our panel to start your compensation claim. With decades of combined experience in personal injury, our panel of expert solicitors are committed to achieving the neck injury compensation that you deserve.
To start the neck injury claims process today, please don’t hesitate to get in touch with our friendly advisors.
Frequently Asked Questions
- Can I Claim Compensation For A Neck Injury?
- Neck Injury Claims On Behalf Of A Loved One
- Neck Injury Claims Examples
- What Are Some Commonly Sustained Neck Injuries?
- How Much Injured Neck Compensation Can I Claim?
- Can I Claim For Financial Losses After A Neck Injury?
- How To Make A Neck Injury Claim
- Why Claim For An Injured Neck With Legal Helpline’s Panel Of Solicitors?
- No Win No Fee Neck Injury Claims
- More Information
Can I Claim Compensation For A Neck Injury?
Yes, you could claim compensation for a neck injury if you can demonstrate that your injuries resulted from a third party’s negligence. In all, there are many everyday situations in which a duty of care will be automatically owed by a third party, such as in workplaces, on roads and in public settings. Therefore, any breach of this duty that causes a neck injury or other form of harm could amount to negligence.
To be eligible to make a neck injury claim,
- You Were Owed A Duty of Care
You were owed a duty of care by another person, business, organisation or employer. Fundamentally, this means they were responsible for taking reasonable steps to protect your health and safety and prevent neck injuries, such as by supplying safety equipment for your neck, taking care whilst driving, or cleaning up spills at a shop to prevent falls.
- That Duty of Care Was Breached
You must be able to demonstrate that the duty of care was breached by a third party. This may occur when the responsible party fails to act as a reasonable person, business, or employer would have done, such as failing to provide neck gaiters at work, driving while using a mobile phone, or failing to repair broken stairs.
- You Suffered A Neck Injury As A Result
You must have suffered a neck injury as a result of the breach. This can range from minor injuries to more serious or long-term conditions, such as sprains, whiplash, herniated discs and very serious cervical spine fractures, causing a long-term impact on your everyday life.
To receive a free eligibility assessment from one of our advisors, please contact our team today to discuss neck injury claims.
Neck Injury Claims On Behalf Of A Loved One
You could make neck injury claims on behalf of a loved one by applying to be appointed as a litigation friend. Typically, as parents, guardians, close family members and even solicitors, litigation friends can make decisions and manage legal proceedings on behalf of someone who cannot do so themselves. The role of a litigation friend usually involves the following:
- Making decisions in the best interests of the claimant
- Keeping the claimant as informed as possible about the ongoing case
- Holding court funds on behalf of the claimant
- Assisting solicitors with evidence-gathering efforts
Therefore, you could make a neck injury claim on behalf of a loved one in the following scenarios:
- If the claimant is under the age of 18, or;
- The claimant lacks sufficient mental capacity
Can Claims Be Made For Fatal Neck Injuries?
Yes, claims can be made for fatal neck injuries if they resulted from a third party’s negligence, such as in road traffic accidents, workplace incidents or accidents in public places.
To be eligible to make a fatal accident claim after a loved one’s death, you must be able to:
- Represent the deceased’s estate, or;
- Qualify as a dependant
Under the Law Reform (Miscellaneous Provisions) Act 1934, the deceased’s estate can claim for the losses that they experienced between the accident and the deceased’s death, including pain, suffering, lost earnings and medical expenses.
As per the Fatal Accidents Act 1976, dependants of the deceased could also make a claim if the estate has not already done so within 6 months of the death. Dependants can be civil partners, spouses and children of the deceased; compensation often includes bereavement damages, funeral costs and a loss of financial support due to the death.
To learn if you could qualify as a dependant, please get in touch with one of our friendly advisors today.
Neck Injury Claims Examples
Neck injury claims examples may include cases arising from accidents in public places, on roads, in workplaces, in healthcare settings and violent crimes. As such, please see the following examples and how neck injury claims could arise as a result:
Workplace Neck Injuries
In all, employers must take reasonable steps to ensure the health and safety of all employees at work. Therefore, if you’ve sustained a neck injury because these steps weren’t taken, you could make an accident at work claim. For example:
- An employer at a warehouse could fail to provide manual handling training sessions to staff members. Regardless, multiple staff members could be ordered to carry heavy boxes and cages, resulting in serious neck and back strains due to improper lifting techniques.
- An employer could fail to safely store heavy pieces of equipment, putting them on a high shelf in a stock room. Whilst walking past, a member of staff could be struck by a falling heavy object, resulting in serious neck lacerations and a neck dislocation.
Public Place Neck Injuries
Occupiers and owners of public places must follow steps to ensure that their premises is reasonably safe to use for its intended purposes.
If a third party fails to ensure the safety of their premises and you suffer neck injuries as a result, you could make a public liability claim. For instance:
- A cafe could fail to clean up spills from a leaking coffee machine, failing to erect a wet floor sign to warn members of the public of the danger. Due to this, a customer could slip and fall over the spilt hot water, causing them to suffer a herniated disc in their neck.
- A council could fail to repair broken and jagged pavement in a highly pedestrianised area, despite multiple complaints of the danger. A pedestrian could trip and fall over the pavement, resulting in serious neck ligament injuries, facial scarring, chipped teeth and damage to their hands.
Road Traffic Accident Neck Injuries
Road users, whether it be drivers, motorcyclists, cyclists or pedestrians, must navigate the roads in a way that prevents harm to themselves and others.
Therefore, you could make a road traffic accident claim if you sustained neck injuries due to the negligence of a third party road user. To illustrate:
- A third party driver could fail to stop when approaching a zebra crossing, resulting in a collision with a pedestrian. Due to the high-impact, the pedestrian could sustain a broken neck injury, brain damage and subsequent psychological injuries such as PTSD.
- A third party van driver may have failed to notice slowing traffic due to using their mobile phone. As a result, a vehicle in front could suffer a rear-shunt collision, resulting in neck whiplash injuries to multiple passengers.
Medical Negligence Neck Injuries
All healthcare professionals such as GPs, nurses and pharmacists, have a duty of care to their patients. As part of this duty, healthcare professionals must meet the minimum expected standard of care when providing treatment.
Therefore, if you suffered avoidable harm to your neck due to a failure to meet the standard of healthcare, you could make a medical negligence claim. For example:
- A patient could be dismissed at A&E, despite presenting with symptoms of serious pain, stiffness and tingling. The patient could later receive a delayed diagnosis of a cervical spine fracture, resulting in further structural damage due to the delayed treatment.
- A healthcare professional could make a surgical error when operating on the upper spine, such as improperly using scalpels with force. This could result in serious nerve damage to the patient’s neck, in addition to a partial paralysis.
Criminal Neck Injuries
If you’ve suffered neck injuries due to a criminal assault, you could make a claim through the Criminal Injuries Compensation Authority (CICA).
To be eligible to claim for criminal injuries compensation, you must fulfil the following requirements:
- You must have suffered neck injuries in a crime of violence
- The assault must have occurred in Great Britain
- You must have reported the accident to the police
- The claim must be submitted within 2 years of the assault (with some exceptions)
For example, criminal neck injuries could arise in the following situations:
- A person could attempt to ward off a burglar in their home, resulting in the assailant manually strangling the victim. Due to this, the victim could suffer with severe bruising and artery damage.
- A person at a nightclub could be physically assaulted by an assailant in an altercation, causing them to fall and hit their head. As a result, the person could suffer from fractured hyoid bones in the neck, a concussion and moderate head injuries.
To learn more about how much criminal injury compensation you could receive after an assault, please contact one of our advisors about neck injury claims today.
What Are Some Commonly Sustained Neck Injuries?
Commonly sustained neck injuries can range in severity, often including strains, sprains and serious fractures. As such, please see the following examples of common neck injuries for more detail:
- Whiplash injuries, including cervical sprains and strains
- Pulled neck muscles
- Herniated discs, caused by the frequent compression of nerves
- Cervical fractures, involving the breaking of one or more cervical vertebrae
- Pinched nerves
- Facet neck joint injuries, often caused by sudden or extreme rotation
Please note that the above list is not exhaustive, and neck injuries can take many different shapes and forms.
Discuss your neck injury with our advisors and find out if you could be eligible to claim compensation.
How Much Injured Neck Compensation Can I Claim?
The amount of neck injury compensation you could claim may range from a few thousand for minor injuries and up to £181,020 for injuries with incomplete paraplegia.
In successful neck injury claims, you will be awarded with general damages for the physical and mental pain and suffering you endured. Using your medical evidence and a copy of the Judicial College Guidelines (JCG), your general damages will be assessed by a solicitor. Notably, the JCG publication is popular among legal professionals as it provides compensation guidelines for a plethora of different injuries.
All entries in the table below, apart from the first figure, have been taken from the JCG. Please be aware that the entries are merely guidelines and do not guarantee how much neck injury compensation you could receive.
| Injury | Notes | Compensation Pay-out |
|---|---|---|
| Multiple severe injuries with financial losses | More than one instance of a serious injury with special damages including home modifcations, travel costs and physiotherapy sessions | Up to £500,000+ |
| Severe (i) Neck Injuries | Neck injury with incomplete paraplegia or causing spastic quadriparesis of a permanent nature | Around £181,020 |
| Severe (ii) Neck Injuries | Injuries involving serious fractures or damage to discs in the cervical spine causing disabilities such as the substantial loss of movement in the neck. | £80,240 to £159,770 |
| Severe (iii) Neck Injuries | Injuries causing dislocations or severe damage to soft tissues, leading to chronic conditions and significant disability of the neck. | £55,500 to £68,330 |
| Moderate (i) Neck Injuries | Severe immediate symptoms from fractures or dislocations and which may necessitate spinal fusion. | £30,500 to £46,970 |
| Moderate (ii) Neck Injuries | A wrenching-type neck injury resulting in a serious limitation of movement, stiffness and discomfort | £16,770 to £30,500 |
| Moderate (iii) Neck Injuries | Injuries that may have accelerated a pre-existing conditiojn over a five year period. | £9,630 to £16,770 |
| Minor (i) Neck Injuries | Where a full recovery occurs in around one to two years. | £5,310 to £9,630 |
To receive a free compensation estimate today, please contact our advisory team.
Can I Claim For Financial Losses After A Neck Injury?
Yes, you could claim for financial losses after a neck injury if your case is successful. Through the award of special damages, you could enjoy a reimbursement of monetary losses you may have suffered due to your neck injuries. However, you need to be able to prove these expenses. You can save documentation like bank statements, payslips and receipts to submit as part of your claim.
Please see the following examples of special damages that you could include in your claim:
Loss Of Income
If your neck injuries caused you to take time off work, you could claim for the following:
- A loss of current earnings
- Loss of a bonus
- Loss of promotions
- Loss of overtime pay
- Loss of workplace benefits, such as healthcare contributions and pension schemes
Future Lost Earnings
If your an accident left you with semi-permanent or permanent neck injuries, you may be unable to work for an unspecified time period. As such, you could claim for a future loss of earnings, which will be calculated considering:
- Your net annual loss of income
- The number of years until your retirement
- The long-term impact on your work capacity
Care Costs
If a neck injury accident left you unable to perform daily tasks, you could include the following as part of your special damages:
- The cost of professional help with nursing, dressing, cleaning and cooking
- The cost of care from a loved one for similar daily activities as above
- Indirect care costs of a loved one, including the lost earnings of a family member who looked after you.
Medical Expenses
An accident may have caused you to seek immediate medical attention for your neck injuries. As such, you could claim for the following:
- Private medical consultations and subsequent surgeries
- The cost of painkillers
- Neck braces, rigid collars and traction devices
Treatment And Recovery
If you sought private healthcare sessions to aid your recovery after a neck injury accident, you could include the following in your claim:
- Physiotherapy sessions
- Chiropractic sessions
- Oesteopathic sessions
- Pain management consultations
- Occupational therapy and counselling sessions
Home Adaptations
If your neck injuries are permanent in nature, you may need to adapt your home to accommodate to your new lifestyle. Therefore, you could claim for the following:
- Grab rails to minimise neck strains
- Electrically adjustable beds to help with posture
- Transfer aids, including hoists and bed levers
Car Adaptations
Similar to home adaptations, your vehicle may also require modifications to accommodate permanent neck injuries. You could therefore include the following as part of your special damages:
- Panoramic mirrors for blind spots to reduce neck movement
- Swivel seats
- Electronic steering and acceleration controls
Travel Expenses
You could claim for the following travel expenses arising from your neck injuries:
- Fuel costs from travelling to and from hospitals
- Public transport costs travelling to physiotherapy appointments
- Parking fees from visiting clinics and hospitals for your neck injuries
- Taxi fares from commuting to and from medical appointments
To discover more about claiming special damages after a neck injury, feel free to get in touch today.
How To Make A Neck Injury Claim
To make a neck injury claim, you must be able to provide sufficient evidence of the accident whilst complying with the claim time limits. Please see the guidance below that you could follow to strengthen the position of your neck injury claim:
How Can I Prove Fault For A Neck Injury?
You could prove fault for a neck injury by supplying evidence of your accident and your subsequent injuries, such as:
- A copy of your medical records, detailing the neck injuries you suffered
- Insurance and vehicle registration details if you were involved in a road traffic accident
- Photographs of visible neck injuries
- Contact details of witnesses to your neck injury accident
- CCTV or dashcam footage of the incident
To discover more about proving fault, please see our dedicated guide on the evidence needed for a personal injury claim.
How Long After A Neck Injury Can Compensation Be Claimed?
You will have up to 3 years to make a neck injury claim as per the Limitation Act 1980. Please note that the limitation period will run from the date of the accident. However, claims made through the CICA have different time limits. Furthermore, in some personal injury and medical negligence claims, the time limit may be paused or suspended altogether.
To discover more about limitation periods and when exceptions might apply, please read our dedicated guide about compensation claims time limits.
To learn about the possible time limit exceptions, please get in touch with one of our friendly advisors.
Why Claim For An Injured Neck With Legal Helpline’s Panel Of Solicitors?^^
You should claim for an injured neck with Legal Helpline’s panel of solicitors due to their level of experience in securing successful personal injury pay-outs. Our panel of solicitors are committed to getting you the help that you need, placing a focus on your wellbeing and your recovery. If you’re connected with one of the solicitors from our panel, you could also enjoy:
- A detailed assessment of your case, ensuring details such as a lack of protective neck equipment or a failure to clean up spills are not ignored.
- Consistent updates so you’re never left wondering about the status of your neck injury claim.
- Connecting you with the specialists who could aid your neck injuries, including physical therapists and counsellors.
- Explanations of legal terminologies to give you a better understanding of the neck injury claims process.
- Helping you apply for interim payments
To learn more about the benefits of starting a claim with our panel of dedicated solicitors, contact an advisor today.
No Win No Fee Neck Injury Claims
Our panel of No Win No Fee solicitors work under a Conditional Fee Agreement (CFA). As a result, you could experience:
- No solicitor service fees at the beginning of your case, as it progresses, or in the event that it’s unsuccessful
- If your case is a success, you will pay a fee to your solicitor which is taken as a percentage of your compensation. It is known as a success fee. Please be aware that this percentage is limited by the law and will be discussed with you prior to any work being started on your case.
Contact Legal Helpline
To learn more about neck injury claims, please contact our friendly advisory team today:
- Call us on 0333 000 0729
- Contact us online by completing our form
- Utilise our free live chat feature
More Information
To discover more about personal injury claims, please see some of our other guides:
- Get help with making a motorway accident claim
- See the following advice on wrist injury claims
- Learn about shopping centre accident claims
Additional external resources:
- Get help with treating neck pain from the NHS
- Learn how to obtain CCTV footage of yourself from Gov.UK
- See the following advice on manual handling at work from the Health and Safety Executive
Thank you for reading our useful guide about the neck injury claims process.