No Win, No FeeRelatively minor neck injuries are quite common in many types of accidents. They result in pain, discomfort and stiffness that might take a few weeks or months to dissipate. Other neck injuries result in long-term suffering and, in many serious cases, can be life-changing. However, whatever type of neck injury you’ve sustained, if the accident that caused it resulted from someone else’s negligence you might be entitled to make a neck injury claim against the responsible party for compensation.
We’re ready to help if you’d like to discuss your options. You can call our team now on 0800 652 1345 to begin.
Am I Entitled to Compensation for a Neck Injury?
Our solicitors would like to help with every case that comes their way but, realistically, they can only take on neck injury claims that have a reasonable chance of success. To verify whether this is the case for your claim, they’ll try to ascertain whether:
- You were owed a duty of care by the defendant in your claim; and
- Because of their negligence, an accident occurred; and
- You sustained a neck injury from that accident.
If you believe that your claim meets all three criteria, you could be entitled to compensation. You shouldn’t be too concerned about proving a duty of care as this is something your solicitor will clarify when your neck injury claim is initially reviewed.
Common Examples of Neck Injury Claims
You may be entitled to compensation for a neck injury if it occurred due to someone else’s negligence or fault. Common scenarios include:
- Slips, trips, and falls: Falls on wet floors, poorly maintained steps, or uneven pavements can cause sudden or awkward movements that result in neck injuries like strains, sprains, or fractures.
- Workplace accidents: Neck injuries can occur from heavy lifting without proper training, falls from height, or accidents involving faulty machinery. Repetitive strain injuries (RSI) caused by poor ergonomics can also result in neck pain or long-term damage.
- Public place accidents: Accidents in public spaces, such as shopping centres, restaurants, or children’s playgrounds, can cause neck injuries if hazards like spills, loose carpeting, or broken equipment are not properly addressed.
- Road traffic accidents: Whiplash is one of the most common neck injuries caused by sudden, forceful movements during car accidents. Cyclists, motorcyclists, and pedestrian accidents are especially vulnerable to serious neck injuries in RTAs.
- Sports injuries: Neck injuries often occur in contact sports like martial arts, rugby, or football, particularly if proper safety equipment or supervision is lacking.
- Medical negligence: Surgical negligence, delayed treatment, or misdiagnosis of neck conditions like herniated discs can worsen injuries and lead to avoidable harm.
To make a successful neck injury claim, you must demonstrate that another party was at fault and that your injury has caused you to suffer harm.
What Types of Neck Injuries Can I Claim For?
Our personal injury lawyers could help you to claim compensation for a neck injury of any severity. That means they could help with:
- Whiplash.
- Cervical fractures.
- Nerve damage.
- Herniated (slipped) discs.
- Soft tissue injuries.
- Chronic pain.
- Paralysis.
- Injuries that cause or worsen arthritis.
If you suffered a whiplash neck injury, you might like to consider reading our updated whiplash compensation claims page.
What Evidence Do I Need for a Neck Injury Compensation Claim?
When you start a compensation claim for a neck injury, it’s more than likely that your solicitor will have to deal with the defendant’s insurance company. They might deny all liability for the accident and your injuries so your solicitor will need to convince them by providing supporting proof of your claim. This could include:
- Photos: Photograph the accident scene which clearly shows the aftermath of your accident. If you can, do this before the root cause has been repaired, removed or replaced.
- Witness details: Details of anyone else who saw the accident happen. Witness statements could help to corroborate your version of events.
- Your medical records: X-rays and other medical records from your GP or the hospital that treated you.
- Accident reports: Accident report forms to help confirm the date, time and location of your accident.
- Employer reports (if work-related): Records or incident reports from your workplace, especially for neck injuries caused by unsafe working conditions.
- Video recordings: Dashcam or CCTV footage of your accident occurring. Legally, you’re allowed to request this footage from the owner but you must act quickly as it’s usually deleted quickly.
- Proof of financial losses: Evidence of costs you’ve incurred due to your neck injury. For instance, pay slips for lost earnings, receipts for medical treatment, rehabilitation expenses, and travel costs for hospital visits.
As part of your free consultation, any proof you’ve managed to secure so far will be reviewed. If you have enough to proceed with a neck injury claim, we’ll let you know. Otherwise, we’ll explain what additional proof else you might require to strengthen your claim.
What Is the Time Limit to Make a Neck Injury Claim?
If you want to file a compensation claim, you’ll have a 3-year time limit that would normally start either from the date of your accident or the date your neck injury was diagnosed. However, for claims involving children or a claimant who doesn’t have the mental capacity to claim themselves, the limitation period won’t apply until certain conditions are met.
We would suggest that you begin your claim as soon as you’re able to so that evidence gathering is easier and to allow ample time for your solicitor to complete their work.
How Much Compensation for a Neck Injury Can I Claim?
Neck injury compensation claims are usually based on how bad the injury is/was (general damages) and the costs you’ve incurred (special damages). Each claim is unique but, generally, you could be compensated for:
- Physical pain and suffering.
- Mental harm such as distress, depression, anxiety or PTSD. See our pages on psychological injury claims and/or PTSD compensation claims.
- Care costs to cover the time of professional carers or where a friend or relative has supported the claimant.
- Medical expenses including private treatment for your neck injury in certain cases.
- Travel expenses.
- Mobility aids or adaptations to the home to give the claimant a better quality of life.
Our solicitors always strive to try and make sure that a full and fair compensation payment is received.
Can I Claim for Loss of Earnings Due to My Neck Injury?
Some neck injuries can stop you from working or reduce your ability to earn, particularly if your job involves physical tasks or prolonged sitting. As such, a neck injury claim could include compensation for any income lost while you recover. If your neck injury is expected to impact your ability to work longer-term, you may also be able to claim for future loss of earnings.
Neck Injury Compensation Amounts
While the guidelines for neck injury compensation payouts are exactly that, not set in stone and not legally binding, they are used on a regular basis by the courts, solicitors, and insurance companies to calculate personal injury compensation payments. The figures are calculated by the Judicial College which takes into account historical cases.
- Minor neck injury – Soft tissue injuries are the most common type of neck injury often referred to as whiplash. The duration of the injury and pain can last up to 3 months and attract compensation awards of up to £9,630.
- Moderate neck injury – Moderate neck injuries such as dislocations or fractures. The level of compensation for what would be considered a moderate neck injury takes into account the severity, amount of pain, length of time the injury lasts, and level of recovery. Compensation guidelines for a moderate neck injury can range from £9,630 to £46,970.
- Severe neck injury – This type of injury takes into account the severest forms of neck injury, i.e, a badly broken neck, resulting in permanent disability with the most severe including conditions such as paraplegia, spastic quadriparesis and paralysis. Compensation awards for severe neck injury are expected to range from around £55,500 to £181,020.
It is worth noting that the above payments refer to general damages only.
Will I Need a Solicitor to Claim Neck Injury Compensation?
We strongly believe that you’ll have a stronger chance of being compensated properly for your neck injury if you’re represented by a personal injury solicitor. If your neck injury claim is accepted and you wish to proceed, you will be sent a Conditional Fee Agreement (commonly by email) to sign.
The CFA will explain what your solicitor will do for you and confirm that:
- You don’t have to pay your solicitor for their work in advance.
- You won’t pay for their work unless you are compensated.
- You’ll only have to pay a success fee of a set % of your compensation if your claim is won.
If you’d like to find out whether a No Win, No Fee solicitor from our team could help you, please call today.
Neck Injury Claims Frequently Asked Questions
Can I Pursue a Claim on Behalf of Someone Else?
For more serious neck injuries, it may be possible for a partner, friend or relative to tackle the claims process on behalf of the claimant. The litigation friend process allows this to happen if the claimant is a child or does not have the mental capacity to manage the claim themselves.Our solicitors can help you to get approved as a litigation friend and explain the process in more detail.
What if My Neck Injury Exacerbated a Pre-Existing Medical Condition?
The purpose of compensation is to ensure you are not left in a worse position than you were before the accident. Therefore, if your neck injury has aggravated a pre-existing condition, your settlement could include compensation for the worsening of your symptoms.
For Instance, if you previously suffered from neck pain caused by a herniated disc or arthritis, you could still claim if a motorcycle accident caused further damage, resulting in increased pain, reduced mobility, or prolonged recovery.
To prove the extent of your additional suffering, your solicitor may gather medical records and reports from before and after the accident to compare your condition and demonstrate the impact of the new injury.
Will I Need a Medical Assessment for My Neck Injury Claim?
Any compensation award for neck injuries is largely dependent on the severity of your injury and how it will affect you. As such, to help prove the extent of your injuries, you will need to see an independent medical expert which can normally be arranged locally for you by our solicitors.
They will examine you, discuss how your neck injury has affected you and read through your medical records. For serious neck injuries, this process may take some time. Once the specialist has reached their conclusion, they’ll prepare a report to set out your prognosis. The report will be filed with your solicitor and the defendant.
How Long Will a Neck Injury Claim Typically Take?
For minor neck injuries, you could be compensated within around 9 months or less. However, as you might expect, for life-changing neck injury claims, the process could take many years while the full impact of the injuries is assessed. However, in these cases, interim payments might be made by the defendant if they’ve accepted liability. These payments could help to cover loss of earnings, care costs or private medical treatment. See our page on interim payments in personal injury claims.
Start a Neck Injury Compensation Claim Today
Our specialist advisors are ready to help if you’ve decided to take action. Simply call us on 0800 652 1345 today for a review of your case along with free legal advice.
If there are grounds to continue, we’ll appoint a solicitor from our team. They’ll review everything in more detail and represent you on a No Win, No Fee basis if you both agree to work together.
Thanks for reading our guide on neck injury claims, and if you have any further questions about the claims process, please contact us today.
