When Can You Make A Neck Injury Claim?

This guide will explore when you could be eligible to begin a neck injury claim. Neck injuries can vary in severity, however some can be life-changing, including those that affect the spinal cord leading to paralysis. As you move through this guide you can find information on the eligibility criteria for starting a personal injury claim following an accident in which you injured your neck, as well as the potential compensation that could be awarded to address the impact the injury has had on your life.

neck injury claim

When Can You Make A Neck Injury Claim?

Additionally, this guide will explore the duty of care you are owed at work, in public and on the road, as well as the third parties responsible for your health and safety in these places. We also provide examples of how an accident causing a neck injury could occur if this duty is not upheld.

Moreover, this guide will discuss the benefits of a No Win No Fee agreement, and how a personal injury solicitor from our panel could assist you in this capacity.

For further guidance on the personal injury claims process, please contact an advisor for free. To do so, you can:

Choose A Section:

  1. Eligibility Criteria To Make A Neck Injury Claim
  2. Evidence That Could Help You Claim Compensation For A Neck Injury
  3. Is There A Time Limit For Personal Injury Claims?
  4. Calculating Compensation For A Neck Injury
  5. Use No Win No Fee Solicitors To Make A Neck Injury Claim
  6. Learn More About Personal Injury Compensation Claims

Eligibility Criteria To Make A Neck Injury Claim

You could make a neck injury claim if you can prove the following:

  1. A third-party owed a duty of care to you.
  2. They breached that duty of care. 
  3. This breach was the cause of your injury.

This set of criteria form the basis of negligence in personal injury claims. If you have evidence that this has occurred, you could have valid grounds to pursue compensation for the harm you have sustained and the way it’s impacted your life.

The following sections outline the duty of care employers, road users and occupiers owe, as well as the legislation that outlines their responsibilities.

Accidents In A Public Space

Under the Occupiers’ Liability Act 1957, those who have control over a public space have a duty of care to ensure the reasonable safety of those visiting the space for it’s intended purpose. If there is a failure to do so, it could result in a public place accident that causes a member of the public to sustain a neck injury. For example:

  • There is a failure to ensure the machinery in a gym is adequately maintained and safe for use. As a result, a customer sustains a severe soft tissue injury to their neck when using a faulty piece of equipment. 

Accidents At Work 

The Health and Safety at Work etc. Act 1974 outlines that employers owe a duty of care to their employees. This means they need to take reasonable and practicable steps to prevent them from becoming harmed at work.

A failure to do so could lead to an employee sustaining an injury to their neck in an accident at work. For example:

  • When working on a construction site, an employer fails to ensure the workplace equipment is safe for use. As a result, they provide their employee with a faulty ladder to use when working from a height. As a result, the employee falls and sustains a fractured disc in their neck. 

Road Traffic Accidents

Road users must follow the rules in the Highway Code  and the Road Traffic Act 1988 to uphold their duty of care. The duty of care they owe is to navigate the roads in a way that prevents harm to themselves and others.

If this duty is not upheld, it could lead to a road traffic accident in which a road user sustains a neck injury. For example:

  • When driving on the motorway, a car overtakes without checking their mirrors, causing a side-on collision with another vehicle. As a result, the other driver sustains damage to their spinal cord, leading to paralysis, in a car accident.

For further guidance on when you could be eligible to make a neck injury claim following a workplace accident, accident in a public place, or a road accident, call an advisor on the number above.

Evidence That Could Help You Claim Compensation For A Neck Injury

Evidence can help prove a personal injury claim meets the eligibility criteria by demonstrating that third-party negligence occurred. As such, you may find it beneficial to gather the following:

  • Video footage from CCTV or a dash cam.
  • A diary recording your physical and mental state after the accident.
  • Medical records, such as doctor’s notes, and copies of scans and other test results.
  • The contact information from any witnesses at the scene. 
  • Photographs of the accident scene and your injuries.

Our panel of personal injury solicitors may be able to help you gather such evidence for your neck injury claim. Don’t hesitate to get in touch with an advisor to find out how they can help, and whether you’re eligible to access the services of a solicitor from our panel.

Is There A Time Limit For Personal Injury Claims?

The time limit for personal injury claims is generally three years. This can start from the date of the accident as per the Limitation Act 1980.

However, certain exceptions can apply, such as if the claimant is a child, or lacks the mental capacity to claim. In these instances, the time limit is paused, allowing a suitable adult to apply to the courts and act as a litigation friend on the injured party’s behalf.

For those under the age of 18, the time limit will reinstate from their 18th birthday giving them till they turn 21 to start their own claim, provided one hasn’t already been made on their behalf.

For those who lack the mental capacity, if they recover their capacity, the time limit will start from the recovery date, from which point they have three years to begin their own claim.

If you require any further information on the time limits for starting a neck injury claim, and any exceptions that could apply, please call an advisor on the number above.

Calculating Compensation For A Neck Injury

Personal injury settlements awarded after a successful neck injury claim can consist of up to two heads of claim. The primary being general damages. General damages compensate for the physical and mental pain and suffering you have endured because of your injury. 

To help them value this head of claim, solicitors can refer to the Judicial College Guidelines (JCG). This publication contains guideline compensation brackets for different injuries, several of which you can find in the table below. 

Please note, these figures are not guaranteed as settlements will depend on the specific nature of the case.

 

Edit
Injury Severity Compensation Bracket Guidelines Notes
Paralysis Tetraplegia £324,600 to £403,990 Paralysis from the neck down.
Paraplegia £219,070 to £284,260 Paralysis from the waist down.
Neck Injury Severe (i) In the region of £148,330 A neck injury resulting in permanent spastic quadriparesis.
Severe (ii) £65,740 to £130,930 Serious fractures or disc damage in the cervical spine causing considerably severe disabilities.
Severe (iii) £45,470 to £55,990 Fractures or dislocations or severe soft tissue damage causing chronic conditions and a significant and permanent disability.
Moderate (i) £24,990 to £38,490 Fractures or dislocations causing severe and immediate symptoms. Surgery may be required.
Moderate (ii) £13,740 to £24,990 A soft tissue or wrenching-type injury and severe disc lesion resulting in cervical spondylosis.
Moderate (iii) £7,890 to £13,740 Moderate soft tissue injuries with a fairly protracted recovery period.

 

Special Damages When Claiming Neck Injury Compensation

The secondary head of claim, special damages, compensates for your financial losses caused by the injury. For example:

Evidence can help prove any monetary costs, such as payslips and receipts.

For a free and personalised estimate of what you neck injury claim could be worth, please contact an advisor on the number above.

Use Win No Fee Solicitors To Make A Neck Injury Claim

One of the No Win No Fee solicitors from our panel could potentially offer you a Conditional Fee Agreement (CFA). This contract typically allows you to pursue your claim without needing to pay any upfront or ongoing fees for the work your solicitor provides. Also, if your claim is unsuccessful, then you are not required to pay any money to your solicitor for their services.

If your claim is successful, your solicitor will take a small percentage of your compensation awarded, known as a success fee. This is previously agreed upon and legally capped to ensure you receive the majority of your settlement.

To find out whether you’re eligible to have a solicitor from our panel represent your neck injury claim on a No Win No Fee basis, please get in contact with an advisor. To do so, you can:

Learn More About Personal Injury Compensation Claims

Below we have included some other guides you may find useful:

  • Find out about the steps you could take if you get injured at work, including when you could seek compensation.
  • Learn if you could claim compensation for brain damage caused by a car accident.
  • Read our guide on public liability claims to understand when you could claim after a public place accident.

We have also included some helpful external resources:

Thank you for reading our guide on when you could be eligible to make a neck injury claim. If you have any other questions, please contact an advisor on the number above.

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