Neck Injury Claims Specialists
Learn about neck injury claims and find out how our solicitors can help you.
£85 million in compensation
Neck Injury Claims Specialists
Learn about neck injury claims and find out how our solicitors can help you.
Neck Injury Claims Guide
If you have suffered a neck injury, you may be reading this guide because you would like more information about starting a personal injury claim for compensation. Neck injury claims can be an effective means of funding the healing process and recouping financial losses. At JF Law, we understand that a neck injury can upend a person’s life. That is why we have created this comprehensive guide explaining how to claim neck injury compensation.
Firstly, we outline the eligibility criteria for starting a claim and some of the common causes of neck injuries. Additionally, we look at some compensation guideline figures and break down how claims are valued. We also look at how to make a compensation claim, including evidence, time limits, and whether to seek the representation of a solicitor.
Finally, you can read about the services that our No Win No Fee solicitors offer to eligible claimants. You can enquire with our advisory team at any stage if you have any questions. They can provide you with a free initial consultation and case assessment without any obligation to proceed. We understand that starting a claim can be a major decision, so no question is too big or too small.
- Call us on 0151 375 9916
- Enquire online
Am I Eligible To Make A Neck Injury Claim?
To be eligible to make a neck injury claim, you must show that:
- A party owed you a duty of care
- They failed to uphold their duty
- As a result, your neck was injured
A duty of care refers to the responsibility of a party to uphold the laws that are in place to ensure your health and safety.
Keep reading to learn about some of the scenarios where you may be owed a duty of care. You can also call our advisors at any time to discuss your eligibility to start a claim.
Common Causes Of Neck Injury Claims
Neck injury claims can arise from a variety of situations. In this section, we provide some examples of accidents in the workplace, on the road, and in public places.
Accidents At Work
As an employee, you are owed a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). This legislation requires your employer to take reasonable steps to safeguard your health and well-being in the workplace. These steps could include providing personal protective equipment (PPE) when it is appropriate.
If your employer doesn’t uphold their duty of care, it can lead to a workplace accident that you could claim for, including:
- Construction site management does not repair faulty scaffolding despite knowing about its potential dangers. Subsequently, the scaffolding breaks, causing you to fall to the ground and fracture your neck.
- An employer fails to conduct a risk assessment of a cluttered walkway in your warehouse. Due to this, multiple boxes and pallets are left unattended, leading you to fall and sustain a soft tissue injury to your neck.
Road Traffic Accidents
Road users owe a duty of care to one another, including drivers, motorcyclists, cyclists, and pedestrians. This duty of care entails safely navigating roads in a way that avoids causing injury or damage to one another. To meet their duty, they must follow specific laws and guidance, such as the Road Traffic Act 1988 and the Highway Code, that concern issues like alcohol limits and obeying traffic lights.
Examples of road traffic accident claims for a neck injury include:
- Whilst you are waiting at a red light, the driver behind you fails to stop in time and causes a rear-end collision. As a result, you suffer a whiplash injury.
- A drink driver hits you whilst you are walking at a pedestrian crossing, leaving you with a fractured shoulder and moderate neck injuries.
If you suffer whiplash neck injuries, your claim may be affected by the Whiplash Reform Programme. To learn more about this, you can contact our advisors.
Accidents In Public Places
Anyone who uses a public space is owed a duty of care under the Occupiers’ Liability Act 1957 (OLA). The OLA applies to those in charge of the space, such as a manager.
In short, the OLA requires occupiers to take steps to ensure the reasonable safety of visitors. Neck injury claims can occur in scenarios such as:
- A gym manager fails to perform regular inspections of the equipment. Consequently, you dislocate your neck when a poorly-maintained weight machine collapses at the gym.
- After entering a restaurant, you suffer a neck injury due to a slip and fall on a wet floor that management failed to mark with warning signs.
Our examples offer only a small glimpse of claims involving the workplace, road traffic, and public liability. Please get in touch with our advisors to discuss your potential claim further and assess your eligibility for free.
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Average Neck Injury Compensation Payouts In The UK
If you suffered a severe neck injury due to your accident, you could potentially receive compensation in the region of £181,020. This figure is taken from the Judicial College Guidelines (JCG), which is a legal document that provides compensation guideline brackets for injuries. Some of its figures are listed in the table below.
This document could be used by those valuing your claim for general damages. This is the head of claim awarded for the pain and suffering of your injuries, both physical and psychological.
Although personal injury lawyers may use the JCG when assessing compensation, it is essential to note that the figures provided should only be viewed as guidelines. There is no guarantee for how much compensation you could receive.
The first figure in this table does not come from the JCG. The last two entries come from the whiplash tariff within the Whiplash Injury Regulations 2021, as these may apply to certain neck injuries suffered in a road traffic accident.
| Type of Injury | Severity | Compensation Bracket | Notes |
|---|---|---|---|
| Multiple severe injuries with financial losses | Severe | Up to £500,000+ | Multiple severe injuries paired with financial losses (such as the cost of medical treatment). |
| Neck | Severe (i) | In the region of £181,020 | Injury that may be linked with incomplete paralysis or a permanent form of spastic quadriparesis. |
| Severe (ii) | £80,240 to £159,770 | Injuries may include damaged discs or serious fractures in the cervical spine which result in disability. | |
| Severe (iii) | £55,500 to £68,330 | Bracket covers dislocations, fractures, or soft tissue injuries that are severe. Compensation considers factors such as how long symptoms persist | |
| Moderate (i) | £30,500 to £46,970 | Injuries which may result in significant symptoms and chronic conditions, such as dislocations or fractures. | |
| Moderate (ii) | £16,770 to £30,500 | This bracket covers injuries such as disc lesions or damage to soft tissue, which may cause permanent pain or necessitate additional surgery. | |
| Moderate (iii) | £9,630 to £16,770 | Injuries which may accelerate a pre-existing condition in the short term. | |
| Minor (i) | £5,310 to £9,630 | A full recovery will have occurred within 1 to 2 years. | |
| Whiplash Tariff | Whiplash with a psychological injury | £4,345 | Whiplash injury lasting between 18 and 24 months, paired with one or more psychological condition |
| Whiplash injury | £4,215 | Whiplash injury lasting between 18 and 24 months |
How Compensation Is Calculated
Various factors are taken into consideration when compensation is being calculated for neck injury claims, such as:
- How severe is the injury?
- Were multiple injuries suffered?
- What is the expected recovery period?
- What financial losses have been suffered?
Special Damages In Neck Injury Claims
You could also be eligible to claim special damages, which aim to help you recover expenses incurred in relation to your injury. These expenses could include:
- Treatments or other medical expenses. For instance, more serious neck injuries, like a broken neck, could require long-term rehabilitation.
- Travel costs incurred to and from medical appointments.
- Payments made for adjustments to your home, such as a stair lift.
- The cost of care (either provided professionally or by a family member).
- Lost earnings (due to time taken off work to recover).
These (and any other) financial losses require evidence, such as payslips, receipts, or bank statements. You can contact our team at any time to talk about the factors that impact compensation awards for neck injury claims.
How To Make A Neck Injury Compensation Claim
In order to make a neck injury compensation claim, you must provide evidence, meet a legal time limit, and decide whether you wish to hire a solicitor.
Gather The Correct Supporting Evidence
You will need to provide evidence to show the extent of your neck injury and how it was caused. Proof could include:
- A copy of your medical records, which could show whether you suffered minor, moderate, or serious neck injuries.
- Photos of the accident site.
- CCTV or dashcam footage of the accident taking place.
- Contact details of people who may later be called on to give a statement to your solicitor in support of your case.
- Relevant reports, such as a police report or the report made in an accident book.
Time Limits – How Long You Have To Claim
Generally, the time limit for neck injury claims is 3 years from the date that the accident occurred. This is established by the Limitation Act 1980.
There are exceptions to this limitation period. Specifically, time limits may not apply in cases where the injured person is:
- Under the age of 18
- Unable to make decisions for their claim due to mental incapacity
In both cases, time limits would be paused since such individuals cannot independently make a claim. For as long as the time limit does not apply, another person can start a claim for them by becoming a litigation friend.
If a claim has not been made on their behalf, the claimant will have 3 years to start their own claim from:
- The date they turn 18.
- The date they recover this mental capacity (if they ever do).
Contact our advisors today with any questions you may have about the neck injury claims process.
We pride ourselves
on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
How Long It Takes To Get A Neck Injury Compensation Payout
How long it takes to get a neck injury compensation payout could depend on multiple factors. These include:
- Whether you are still undergoing treatment for your neck injury
- The type and amount of evidence your claim needs.
- If there are disagreements during negotiations to settle out of court.
- Whether your claim goes to court (the likelihood of which is very rare).
- Whether the defending party admits liability.
For further information about neck injury claims or to enquire about starting a No Win No Fee claim, you can contact our team of advisors. They have experience in handling enquiries of this nature and can advise you on your next steps.
Deciding Whether To Use A No Win No Fee Solicitor
Whilst you do not have to hire legal representation to start a claim, working with a No Win No Fee solicitor can be beneficial. In particular, you won’t have to worry about exorbitant solicitor fees.
Through a Conditional Fee Agreement (CFA), which works on a No Win No Fee basis, you would not have to pay for your solicitor’s work:
- Before the start of your claim
- While the claim is proceeding
- If you do not receive neck injury compensation
Should you receive compensation, you will pay a success fee to your solicitor. Essentially, it is payment for their work and is a small proportion of your compensation. There is a legal cap in place to ensure that you keep most of the compensation for yourself.
Contact our advisors today to learn more about working with one of our No Win No Fee solicitors.
How Long It Takes To Get A Neck Injury Compensation Payout
How long it takes to get a neck injury compensation payout could depend on multiple factors. These include:
- Whether you are still undergoing treatment for your neck injury
- The type and amount of evidence your claim needs.
- If there are disagreements during negotiations to settle out of court.
- Whether your claim goes to court (the likelihood of which is very rare).
- Whether the defending party admits liability.
For further information about neck injury claims or to enquire about starting a No Win No Fee claim, you can contact our team of advisors. They have experience in handling enquiries of this nature and can advise you on your next steps.
Deciding Whether To Use A No Win No Fee Solicitor
Whilst you do not have to hire legal representation to start a claim, working with a No Win No Fee solicitor can be beneficial. In particular, you won’t have to worry about exorbitant solicitor fees.
Through a Conditional Fee Agreement (CFA), which works on a No Win No Fee basis, you would not have to pay for your solicitor’s work:
- Before the start of your claim
- While the claim is proceeding
- If you do not receive neck injury compensation
Should you receive compensation, you will pay a success fee to your solicitor. Essentially, it is payment for their work and is a small proportion of your compensation. There is a legal cap in place to ensure that you keep most of the compensation for yourself.
How JF Law's Solicitors Can Help You
In addition to offering their clients a No Win No Fee contract, our solicitors can also help with your claim by:
- Putting you in contact with experienced specialists, such as physiotherapists and psychologists
- Negotiating tirelessly to secure a fair neck injury settlement for you
- Handling correspondence with the defending party
- Maintaining communication with you so that you know the latest update on your case
- Seeking an independent medical assessment to support your case
You can contact our team with any general enquiries you may have about neck injury claims. All advice is offered without any strings attached, so you have time to decide whether you would like to start a claim. Should you wish to proceed, an advisor may be able to connect you to a No Win No Fee solicitor, and you could be eligible to gain compensation.
- Call us on 0151 375 9916
- Enquire online
More Information
You can read our other guides below:
- Learn how to claim for a back injury
- Follow our advice on shoulder injury claims
- Visit our guide on claiming compensation for a wrist injury
Find out more information:
- Read the NHS guide on neck injuries
- Find out how to claim Statutory Sick Pay (SSP)
- Visit the Health and Safety Executive (HSE) for statistics on workplace accidents
Thank you for reading our guide on neck injury claims.
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