Have you suffered a neck injury as a result of someone else’s negligence? If so, you may wish to make a claim to seek compensation. This guide is here to help you understand the process and the steps you can take to build a strong case.
Neck injury claims guide
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Choose A Section
- Can I Claim Compensation For A Neck Injury?
- How Could You Injure Your Neck?
- What Could Happen If I Injure My Neck?
- How Much Could I Get For A Neck Injury?
- What Makes Up A No Win No Fee Agreement?
- More Resources About Neck Injury Claims
Can I Claim Compensation For A Neck Injury?
You could claim compensation for a neck injury by making a personal injury claim if it was caused by someone breaching the duty of care they owed you. There are various instances where someone might owe you a duty of care, such as at work, on the road or in a public place.
To understand whether you’re eligible to claim, you must consider whether your case establishes these 3 elements:
- You were owed you a duty of care
- The duty of care owed to you was breached
- You suffered an injury or illness as a result
For that reason, if you have suffered an injury at work or elsewhere and your claim meets the criteria above, you may be able to make a claim for compensation. Call our team to find out more. Alternatively, continue reading.
Time Limits When Claiming
When making a personal injury claim for an accident at work, it is important to note that the Limitation Act 1980 sets a time limit for claims. Generally, this time limit is 3 years. This might start from the accident date or the date of awareness that someone else’s negligence caused or contributed to the harm you sustained.
If you make a claim after the 3-year time limit then you run the risk that your claim could be barred. However, there are some exceptions to the time limit that may apply to your circumstances.
- Claiming on the behalf of a child: If you are making a claim on the behalf of a person under the age of 18 years old, the time limit will be suspended until their 18th birthday. During this time, someone could apply to act as a litigation friend, such as a parent, guardian or solicitor. If no claim is made on their behalf, they will have 3 years from their 18th birthday to put forward the claim themselves.
- Claiming on the behalf of those who have a reduced mental capacity: Similarly to claiming on behalf of someone under the age of 18, someone could apply to act as a litigation friend to claim on behalf of someone who lacks the mental capacity to claim themselves. If someone has a reduced mental capacity, the time limit is suspended. However, if they regain their mental capacity, they will have three years to claim themselves.
To find out more, contact us via our live chat feature below. Or call the number above.
Neck Injury Statistics
According to the Health and Safety Executive (HSE), for the year 2020/21, there were 1.7 million people suffering from workplace illnesses both long-standing illnesses and new ones.
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), is a law that requires employers to report certain workplace accidents, illnesses, injuries and any near misses. Provisional statistics on injuries reported through RIDDOR showed that there were 769 non-fatal injuries to the neck during 2020/2021.
Although the nature of these specific injuries is not mentioned, out of the 51,211 non-fatal injuries reported by employers in 2020/21, slips, trips or falls on the same level accounted for 33%.
How Could You Injure Your Neck?
There are various ways in which you could sustain a neck injury due to someone else’s negligence. Different pieces of legislation set out the duty of care you may be owed in various circumstances.
For instance, the Health and Safety at Work etc. Act 1974 (HASAWA) states that the employer’s duty of care is to keep their employees as safe as reasonably possible within the workplace.
Additionally, the Occupiers’ Liability Act 1957, states that a person in control of a public place has a duty to take all reasonable steps to protect members of the public using the space they occupy. This could include supermarkets, cinemas, shopping centres and sports centres.
Furthermore, all road users have a duty of care to take reasonable steps to keep each other safe. The Highway Code sets out rules and guidelines for each road user to follow.
If the relevant legislation isn’t adhered to, it could result in different accidents. We have provided examples of neck injury accidents below:
- Accident at work: An employer might fail to carry out regular risk assessments of equipment required to do your job. As a result, you might fall from a faulty ladder and break your neck.
- Accident in a public place: Someone may have failed to put down a wet floor sign causing you to slip, trip or fall over and strain your neck.
- Road traffic accident: You may have been stopped at a set of traffic lights when another driver crashed into the back of you after failing to drive at the correct speed. As a result, you may have sustained a whiplash injury to your neck.
If you have experienced something similar, please get in touch on the number above.
What Could Happen If I Injure My Neck?
If you have suffered a neck injury then it’s important to seek out medical attention. This could be an on-site first aider in a workplace or you could visit your local hospital or doctor.
Additionally, there are other steps you could take to build a strong claim. For instance, gathering evidence to show that someone else acted negligently. Providing evidence that an accident has occurred because they failed to uphold the duty of care they owed you is vital for building your claim.
These pieces of evidence may vary depending on the type of accident or injury. However, types of evidence that could be used as part of your claim might include:
- Photographs of your injuries
- Any written reports of the accident, such as from the workplace accident book
- Photographs of the accident location
- Witness contact details
- Medical evidence, such as doctor reports which detail any diagnosis or treatment you received
It could be useful to obtain legal advice during the process. A solicitor could help you gather the relevant evidence needed for your claim and arrange a local medical exam. The medical exam is completed independently and could produce a report on the full extent of your injuries.
Our panel of solicitors all have experience handling personal injury claims and could help. For any further advice on neck injury claims, contact us and our advisors will be happy to help.
How Much Could I Get For A Neck Injury?
The Judicial College publishes guidelines that set out bracket compensation amounts for different injuries. Below is a table detailing different types of neck injuries, the severity and figures from the Judicial College.
| Type of Neck Injury | How Much? | Description |
|---|---|---|
| Neck Injury: Severe (i) | In the region of £139,210 | This might include a neck injury with paraplegia that's incomplete alongside other symptoms. |
| Neck Injury: Severe (ii) | £61,710 to £122,860 | Injuries might include fractures of a serious nature or damaged discs in the cervical spine. These might give rise to disabilities of a considerable severity. |
| Neck Injury: Severe (iii) | £42,680 to £52,540 | Injuries might include severe soft tissue damage that results in a permanent chronic condition. |
| Neck Injury: Moderate (i) | £23,460 to £36,120 | This might include moderate fractures or dislocations that cause severe symptoms that are present immediately. |
| Neck Injury: Moderate (ii) | £12,900 to £23,460 | Injuries might include a moderate soft tissue injury. |
| Neck Injury: Moderate (iii) | £7,410 to £12,900 | This bracket covers injuries that have caused the acceleration or exacerbation of a pre-existing condition over a period of less than 5 years. |
| Neck Injury: Minor (i) | £4,080 to £7,410 | For cases in this bracket, a full recovery takes place within two years. |
| Neck Injury: Minor (ii) | £2,300 to £4,080 | For cases in this bracket, a full recovery takes place within a year |
| Neck Injury: Minor (iii) | Up to £2,300 | For cases in this bracket, the person injured has made a full recovery within three months. |
Please only use these figures as a guide because your actual settlement will vary.
Generally, each claim may comprise general damages and special damages.
General damages provide claimants with compensation for any physical or psychological injuries sustained as a result of someone else’s negligence. Injuries are often valued by taking into consideration the severity of the harm you sustained and the impact it may have on your quality of life.
In order to determine the full severity of your injuries, you may be invited to attend a medical assessment. This is performed by an independent medical professional who would assess your injuries and make a report on their findings. This is more evidence to strengthen your claim.
Special damages, on the other hand, is the term used to describe any financial losses that might have been incurred as a result of the accident. They might include:
- House modifications
- Loss of wages
- Childcare costs
- Care costs for yourself
- Travel expenses
Both past and future losses incurred as a result of your injuries could be claimed under special damages, provided you have evidence. For instance, payslips could be used to show any loss of earnings incurred as a result of you being unable to work while recovering.
If you would our advisors to assess your claim for free, contact us on the number above.
What Makes Up A No Win No Fee Agreement?
A solicitor or legal firm that offers No Win No Fee services may operate under a Conditional Fee Agreement (CFA). This is a way of funding legal representation.
A CFA gives you access to the services of a solicitor without you having to pay an upfront fee. Also, if your case is unsuccessful, you don’t have to pay a success fee to your solicitor.
You only pay the success fee if your No Win No Fee claim wins. The fee is deducted as a percentage of your compensation that is capped by law. Your solicitor will discuss this with you before your claim proceeds.
If this is an option you’d like to consider, we could help. Our panel of solicitors all operate on this basis. For more information, call our team. They can assess your neck injury claim and if they find it has a chance of success, could connect you with a solicitor from our panel.
Ring Us To Discuss A Neck Injury Claim
If you have any questions or queries about making a neck injury claim, our advisors are on hand to help. This service is available 24 hours a day, 7 days a week.
Feel free to contact us by:
- Using the live chat feature
- Contacting us through our website
- Calling the number above
More Resources About Neck Injury Claims
For any further advice on reporting accidents at work, here are some articles that may be of interest to you:
- The NHS website has advice for people suffering from neck pain.
- The HSE has a more detailed guide on reporting accidents and incidents at work.
Below, you can find links to more of our guides on personal injury claims:
- A guide to personal injury claims
- How to claim compensation for a brain injury
- What is a mesothelioma case worth?
- A guide to the personal injury claims time limit
- How to claim compensation for an ankle injury
- Learn about claiming after suffering a torn tricep
- Slip trip and fall claims – see if you can claim compensation
- How to prove a personal injury claim
- A guide to No Win No Fee agreements
- Personal injury claims guidelines
- Wrist injury claims – an overview
- What is a personal injury claim?
- How to find serious injury solicitors for personal injury claims
We hope this guide on neck injury claims has helped. If you need any further assistance, call our team on the number above.