By Stephen Anderson. Last Updated 30th June 2022. If you suffer a neck fracture in an accident that someone else caused, you could want to know about receiving compensation. But what would be involved in making that happen? This guide should answer those questions for you. The guide provides a case study for a £450,000 payout claim for a fractured neck. We’ll also be looking at the personal injury claims process, what you could claim and how you could go about it.
Also, you could contact our specialist team anytime to talk about claiming for your fractured neck injury. They could put you in touch with our panel of personal injury lawyers, who could take your claim from there.
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- A Guide To Calculate Fractured Neck Compensation Claims
- What Is A Neck Fracture?
- Financial Loss From Neck Fracture Injuries
- What Are The Most Common Neck Fracture Accidents?
- How To Add Care Claim Settlements
- Solicitors That Help Calculate Compensation Payouts
- Case Study: £450,000 For A Fractured Neck
- Free Compensation Estimates For Neck Fracture Injuries
- Claim With No Win No Fee Specialists
- Successful Personal Injury Solicitors
- Call Our Team
- Further Info
You could claim negligence if someone else has caused you to suffer a neck injury. This guide explains the criteria needed for a negligence claim for a fractured neck. It also explains:
- Costs of a neck fracture
- Costs of care
- What damages are
- An example of a claim worth £450,000
- Compensation calculations
- No Win No Fee
To claim for such injuries, there is a time limit that applies to personal injury claims. You generally have 3 years to claim from when you suffered your neck injury or from when you obtained knowledge that negligence at least contributed to the injury.
In the case of someone aged under 18 or those who lack the mental capacity to claim, a litigation friend could process the claim on their behalf.
Once the child turns 18 or the injured person becomes able to represent themselves, the 3-year time limit would begin for them at that point. You can find out more by speaking to our expert team today.
A neck fracture occurs when there is a break in one of the seven bones that make up the cervical spine (the neck), hence the alternate term ‘cervical fracture’. These vertebrae are labelled as C1 through to C7, and they connect the neck to the upper back and skull.
It’s possible to break numerous cervical vertebrae at one time. A neck fracture can significantly limit movement and mobility until a victim fully recovers. Sometimes, a neck fracture could permanently restrict movement. In severe cases, a broken neck may even be life-threatening.
To claim negligence for a fractured neck, you must meet the following three criteria:
- A third party owed you a duty of care.
- They breached that duty of care, which led to an accident.
- That accident led you to suffer a fractured neck.
Numerous scenarios could result in a fractured neck, though we will focus on three.
The first is employer’s liability, which relates to workplace accidents. According to the Health and Safety at Work etc. Act 1974, an employer should (as far as is reasonably possible) protect the health, safety and wellbeing of their employees.
But a fall or even a slip could see you suffer a neck fracture. An accident at work may signify a duty of care breach, thus potentially leading to a fractured neck at work claim.
The second is public liability (PL), which covers accidents in a public place. The Occupiers’ Liability Act 1957 outlines a duty of care controllers of property, premises or land have to prevent accidents in public places. Yet public parks, bars and restaurants could unwittingly play host to a fractured neck accident.
The third is a road traffic accident (RTA). The Highway Code states that all drivers should offer a duty of care to protect the safety of one another and vulnerable road users like pedestrians and cyclists. So, a reckless driver causing a collision could represent a duty of care breach. Also, a fractured neck may be only one of the multiple injuries mentioned in a car accident claim alongside, say, whiplash.
Rather than speaking to a car accident lawyer, though, talk to our friendly team instead. They could connect you with our panel of personal injury lawyers, who could handle your case from there. You’re under no obligation to proceed with our services though, and our number is at the top of the page.
The financial loss from a neck fracture could be substantial. It may encompass lost earnings since a broken neck could prevent you from working for a long time, if ever again. Also, financial losses could include medical costs, use of public transport to travel to appointments and professional nursing and cleaning services.
Whatever financial losses you suffer, providing they were caused by the accident, you could recover the costs in a personal injury claim. You’ll need proof to do this, however. Proof could include:
- Transport tickets
We’ll be covering these in more detail as the guide continues. Before that, though, to chat about the potential financial loss of your neck fracture injury, call us today.
A similar accident in a public setting is also very much possible due to hazards found in supermarkets or restaurants, for example. After such a scenario, you could make a public accident claim.
And of course, a car accident may result in you fracturing your neck. In 2019, 25,945 serious injuries in road traffic accidents were reported to police, and 17,550 of those who chose to cycle in 2018 suffered injuries.
Chat with us anytime to find out more about the potential causes of neck fracture accidents.
You may wish to add a care claim if your neck injury results in you receiving additional care, such as:
- Help with carrying out everyday tasks from family and friends
- Professional nursing
- General services including cleaning or gardening
If your injuries led you to receive any care, you should try to keep evidence. You could use invoices or bills to do this.
Find out more about care claims by getting in touch via our 24/7 live chat.
Any personal injury solicitor would recommend that you undergo an independent medical evaluation as part of the claims process. Indeed, a full medical check could give you a thorough diagnosis of the injury and estimate your projected recovery time.
It could also establish the link between the accident and your present-day condition. Essentially, it could prove that, if not for the accident, you would not have a broken neck. (Or, it could support your argument that, if you had a preexisting condition, it was worsened by the accident.) Your solicitor could then determine your compensation calculation for your injury.
General damages compensate you for the pain, suffering and loss of amenity that are the result of your neck fracture. They would spotlight both your physical and psychological anguish.
Special damages compensate you for the financial impact of your fractured neck. It would cover lost earnings, medical expenses, public transport and private physiotherapy. Professional nursing may also be included.
You can call us using the number above to learn everything you need to know about general and special damages.
Mr Cartwright, 46, works as a personal trainer in Shropshire. He lives with his wife and they have two teenage daughters. In his spare time, Mr Cartwright plays amateur football with his friends, and he enjoys travelling with his family.
One afternoon, Mr Cartwright was heading up the stairs in his gym to see a colleague. However, though the floor had been recently cleaned, there was no signage warning of a slippery surface. This resulted in him slipping towards the top of the staircase. He landed hard on his right side, which included him jarring his neck in an unusual direction. In immense pain, he was unable to turn his head.
Mr Cartwright was immediately taken to the hospital. While he got the treatment needed, he was left with a substantial loss of movement in the neck. He would have to wear a neck collar for a long time.
The accident changed Mr Cartwright’s life forever, as well as the lives of his family. His career seemed suddenly over, as did his ability to play football. His hobby of travelling had also changed.
Why He Made A Claim For A Fractured Neck
Adam was left deeply distraught and depressed by the events. His life would never be the same again, having been an active person beforehand. He also felt like he could barely contribute to his family due to his injuries and the untimely end of his career. Also, he was furious at the avoidable nature of the accident. With simple signage, the incident would not have occurred. Because of that oversight, he had paid a severe price.
After seeking legal advice from a personal injury solicitor, Mr Cartwright filed a compensation claim. He received £450,000. This included £97,100 for his injuries, £50,000 for the damage to his mental health and £302,900 in special damages.
Type Of Special Damages Includes: How Much?
Current & Potential Loss Lost earnings from being unable to work in chosen profession £300,000
Professional Care Professional and family's gracious care costs £1,500
Medical Expenses Prescriptions, spare neck collars and medications £200
Travel Costs Travel to and from solicitor, physiotherapist and hospital appointments £200
Other costs Lost deposit for family holiday £1,000
The case of Mr Cartwright is purely an example. It is based on our past experiences of handling and valuing claims and serves to illustrate how accidents can happen and how they are valued.
What Is The Average Neck Injury Compensation Payout In The UK?
There is no standard amount for a neck injury compensation payout in the UK. Each neck injury claim has unique factors that influence what the final payout is should they succeed. For example, the severity of the injuries you sustained and the extent to which they have impacted your quality of life.
To help provide some insight for claims made in England and Wales, you can view the compensation brackets for different neck injuries included in the 2022 edition of the Judicial College Guidelines. These brackets are based on payouts in previous personal injury claims and solicitors may use these guidelines to help calculate the value of your case.
Severity Of Neck Injury Compensation Bracket Description
Severe (i) In the region of £148,330 This bracket applies to neck injuries that lead to permanent spastic quadriparesis, incomplete paraplegia or little to no movement plus severe headaches that are intractable.
Severe (ii) £65,740 to £130,930
Usually applies to injuries such as damage to discs in the cervical spine or serious and disabling fractures.
Severe (iii) £45,470 to £55,990 Typically applies to severe fractures or dislocations, ruptured tendons or severe damage to soft tissues.
Moderate (i) £24,990 to £38,490 This bracket may apply to fractures or dislocations that cause immediate and severe symptoms. Spinal fusion may be necessary.
Moderate (ii) £13,740 to £24,990 This bracket can cover neck injuries that may cause cervical spondylosis. It can also cover cases where pre-existing conditions have been accelerated and/or exacerbated (by five years or more).
Moderate (iii) £7,890 to £13,740 Injuries under this bracket may have accelerated and/or exacerbated a pre-existing condition (usually by fewer than five years).
Minor (i) £4,350 to £7,890 Full recovery from neck injuries covered by this bracket usually takes place in about one to two years.
Minor (ii) £2,450 to £4,350 A full recovery from neck injuries in this bracket usually takes between three months and a year.
Minor (iii) Up to £2,450 Full recovery from these neck injuries usually occurs within three months.
We often hear about online personal injury claims calculators. It’s worth noting that they offer general figures that fail to consider the victim’s circumstances when estimating a payout. This is why we do it differently. Indeed, we want to know all about you: your injury, your situation, your condition and your lifestyle.
As a result, our compensation estimate becomes far more accurate and thus fairer to your expectations. What’s more, this service is free, even if you choose not to pursue your neck fracture compensation claim. Get in touch anytime to discuss compensation estimates for your personal injury claim.
Our No Win No Fee service forms a crucial element of how we help our claimants. The benefits of No Win No Fee include:
- No legal fees to be paid upfront
- No legal fees to be paid during the case
- Your personal injury solicitor takes a nominal amount (called a success fee) only if your case is successful
If for some reason your case is unsuccessful, you don’t pay your lawyer’s fee. This means reduced financial risk and, consequently, potentially less stress as well.
Why not speak to our friendly team today by using our live chat to talk about No Win No Fee?
You should be looking for the best personal injury lawyers to handle your claim. But what constitutes a successful personal injury solicitor? Well, expert personal injury lawyers would have positive reviews, strong credentials, a proven track record and also some specialities.
These are crucial factors, though the location of a law firm isn’t one. That’s because our panel of personal injury lawyers handles cases across the country. They tick all the required boxes and work with cases that are likely to win. This means the chances of you receiving compensation could be greater.
So call our legal experts using the number above to see how we can succeed with your broken neck case.
Now it’s time for you to tell us your story. If you contact our expert team, they could connect you with our panel of personal injury lawyers. And they could manage your claim from that point onwards. You can get in touch via the following methods:
Don’t forget that we are accessible 24 hours a day, 7 days a week. In addition, there would be no obligation to proceed with your case.
We appreciate you reading our guide about compensation claims for a fractured neck. You can find out further information by using the links below.
Click here to read the official NHS guidance about neck pain.
To find out about broken bones, you can click here.
Learn more about the NHS’s services in full by clicking here.
We also have a guide on seeking compensation for a head injury.
Read our guide to reporting a workplace accident.
We also have a guide that explores claiming for injuries following road traffic accidents.
Article by AR
Thank you for reading our guide on how to claim for a fractured neck.