Neck Injury Claims

Neck injuries can make it very difficult for you to move around – as well as being physically painful, they can leave you feeling isolated and depressed. Any injury can affect your daily life, but neck injuries can often make it impossible for you to go to work, drive, or carry on with hobbies and social activities.

While some types of neck injuries can heal quickly, in more serious cases the symptoms can last for years and may need ongoing treatment. If you’re suffering from a long-term injury, then we know how difficult it can be to live with – and you might be feeling especially frustrated if it was caused by someone else’s negligence.

Don’t let your back injury define your future. Take the first step towards recovery and financial justice by calling 0800 234 6438 for a free consultation with a trained legal advisor. If they believe you have a claim to make, they’ll partner you with personal injury solicitors who will represent you on a no win no fee* basis and secure you the compensation you deserve.

A neck injury can disrupt your life in profound ways, causing pain, limiting your mobility, and affecting your ability to work and enjoy everyday activities. If your neck injury was caused by someone else’s negligence, you have the right to seek compensation for the harm you have suffered.

Making a neck injury claim is not just about financial restitution; it’s about holding the responsible party accountable for their actions and ensuring you have the resources to recover and rebuild your life.

• Financial support: Medical expenses, lost wages, and ongoing rehabilitation costs can quickly accumulate after a neck injury. Compensation can provide the financial support you need to cover these expenses and ensure you have access to the necessary medical care, physiotherapy, and other treatments to promote your recovery.
• Offset financial losses: A neck injury can significantly impact your ability to work, leading to lost wages and reduced earning capacity. Compensation can help offset these financial losses and provide you with the means to maintain your standard of living while you focus on your recovery.
• Hold the responsible party accountable: When someone’s negligence causes harm to another, there is a moral and legal obligation to hold them accountable for their actions. Making a neck injury claim sends a clear message you will not be the one to bear the financial and personal burden of someone else’s negligence.
• Peace of mind: Knowing you’ve taken steps to address the financial and personal consequences of your injury can provide peace of mind and support your emotional well-being during a challenging time.
• Preventing negligence from happening again: Making a neck injury claim help deter negligence. By holding individuals and entities accountable for their actions, you can help prevent similar injuries from happening to others in the future.

Remember, you aren’t alone. Thousands of people make neck injury claims each year, and with the right legal representation, you can increase your chances of receiving the compensation you deserve. Take the first step towards justice and recovery by seeking legal advice and considering your options for making a neck injury claim.

A specialist injury solicitor will work hard to get you the full amount of money you’re owed for your accident, with the aim of covering the expenses caused, as well as the wider impacts it’s had on your life.

To be eligible for neck injury compensation you must demonstrate three things, and these are that:

• The injury occurred
• The injury was caused by someone else’s negligence
• The injury has caused you harm

In addition to the three eligibility criteria listed above, the following factors are also considered when determining whether or not you are eligible for neck injury compensation:

• The severity of the injury: The more severe the injury, the more likely you are to be eligible for compensation.
• The impact of the injury on your life: The more the injury has impacted your life, the more likely you are to be eligible for compensation. This includes factors such as your ability to work, your mobility, your relationships, and your overall quality of life.
• The length of time you have been suffering from the injury: The longer you have been suffering from the injury, the more likely you are to be eligible for compensation.
• Your age at the time of the injury: If you were under the age of 18 at the time of the injury, you may be eligible for additional compensation.
• Your mental capacity at the time of the injury: If you were not mentally capable of understanding your legal rights at the time of the injury, you may be eligible for additional compensation.

Any neck injury can be very uncomfortable and restricting, at least in the short term. When making your claim, your solicitor will consider the type of injury you’ve suffered and the effects it’s had on you.

Minor and moderate neck injuries can include whiplash, or damage to the cartilage, muscles or tendons between the head and back. These usually heal relatively quickly, but symptoms can sometimes last for up to a year.

Because the neck is a part of the spine, fractures can sometimes have life-changing consequences – in severe cases, fractured vertebrae can lead to paralysis. If you, a close friend or family member has experienced this, then you may be able to make a serious injury claim.

The symptoms of a neck injury can vary depending on the severity of the injury. Common symptoms include:

• Pain and stiffness in the neck
• Reduced range of motion
• Headaches
• Dizziness
• Muscle spasms
• Numbness or tingling in the arms and hands

In some cases, neck injuries can have long-term consequences, such as chronic pain, disability, and psychological distress.

No matter what type of accident you were involved in, a solicitor may be able to help you make a compensation claim if:

• It happened in the last three years
• It was somebody else’s fault

You can read more about some of the common types of accidents an injury solicitor can help you with below, or you can speak to a trained legal adviser on 0800 234 6438 for free advice and to find out whether you could make a claim.

Heavy lifting at work can often cause neck strain or pulled muscles, especially if you haven’t received the proper training or been given the equipment you need.

Your employer should carry out regular risk assessments to make sure you’re kept as safe as possible. If they’ve failed to do so, then they may be liable.

Neck injuries can also happen in the workplace as a result of:

• Falling objects – especially in factories or warehouses, where items haven’t been stacked or secured correctly
• Slips and trips – if packaging hasn’t been disposed of, or if spillages aren’t cleaned up quickly
• Falls from height – particularly if you work on scaffolding and the correct safety measures haven’t been followed

Shops, bars and restaurants have a duty to make sure spillages are cleaned up as quickly as possible, and that walkways and corridors are kept clear of obstacles. They should make sure the premises are safe for public use to avoid causing you harm.

If not, slips and trips can cause painful neck injuries. You may have jolted or jerked your neck as you fell, or if you hit your neck against something this may have caused a fracture.

Whiplash often happens in road traffic accidents when the sudden impact of a vehicle causes the neck to stretch beyond its normal range of movement, damaging the ligaments. Although it can take some time, whiplash usually heals on its own. But in some instances, you might need physiotherapy or specialist treatment to make a full recovery.

Dangerous driving by other road users is a common causes of road accidents – whether you were a passenger (find out more about taxi accident compensation) or driver, an expert solicitor can help you make a claim against the negligent driver which will usually be paid for by their insurance.

Find out more about making motorcycle accident claims.

Neck injury compensation claims typically follow a multi-stage process:

Pre-action stage:

• Initial consultation: You get in touch with a personal injury solicitor to discuss your case and assess its viability.
• Evidence gathering: The solicitor gathers evidence to support your claim, such as medical records and witness statements.
• Communication with the liable party: Your solicitor communicates with the liable party’s insurance provider in an attempt to reach a settlement.

Claim form submission:

• If a settlement cannot be reached through negotiation, your solicitor submits a claim form to the courts.
• The claim form outlines the details of your injury, the cause of the injury, and the damages you are seeking.

Court proceedings:

• If the liable party disputes your claim, the case proceeds to court.
• At court, both parties present their evidence and arguments.
• The judge makes a decision on whether or not you are entitled to compensation and, if so, how much.

Settlement or appeal:

• Settlements can occur at any stage of the process, including before the claim form is submitted, during court proceedings, or after the judge’s decision.
• If you are not satisfied with the judge’s decision, you can appeal to a higher court.

Substantiating your neck injury compensation claim requires gathering compelling evidence. The stronger your evidence, the more likely you are to receive fair compensation.

Our experienced neck injury solicitor will gather the evidence which includes:

• Medical records: These include doctor’s reports, diagnostic tests, and treatment plans. They document the nature and severity of your injury.
• Accident reports: If your injury occurred in an accident, obtain any accident reports that were filed. These reports provide details about the circumstances of the accident.
• Witness statements: If there were any witnesses to your injury, obtain written statements from them. Witness statements can corroborate your account of the incident.
• Photographic evidence: If possible, take photographs of your injury and any other relevant evidence.

In the UK, the statute of limitations for making a neck injury compensation claim is generally three years from the date of the injury or from the date of becoming aware of the injury.

This means you have three years from the day you were injured to file your claim. However, there are a few exceptions to this rule:

• Minors: If you were under the age of 18 at the time of the injury, you have until your 21st birthday to file your claim.
• Mental incapacity: If you were not mentally capable of understanding your legal rights at the time of the injury, you have until your mental capacity returns or until a litigation friend is appointed to act on your behalf.
• Discovery of negligence: If you did not become aware of the fact that your injury was caused by someone else’s negligence until after the three-year time limit has expired, you may still be able to file a claim if you can demonstrate you had a reasonable excuse for not filing your claim sooner.

The amount of compensation you could get for a neck injury depends on several factors, not least the severity of your injury. The Judicial College Guidelines provide a framework for assessing compensation for personal injuries, including neck injuries.

The Judicial College Guidelines are a set of recommendations developed by the Judicial College of England and Wales to help courts assess compensation for personal injuries. The guidelines are not binding on the courts, but they are often used as a starting point for negotiations between claimants and defendants.

Under the guidelines, compensation for minor neck injuries can range from £1,450 to £8,400, while compensation for more serious neck injuries can range from £28,250 to £139,210.

Compensation range: £1,450 – £8,400

Examples:

• Whiplash with mild pain and stiffness that resolves within a few weeks
• Minor neck sprain with limited range of motion that improves with conservative treatment
• Minor neck strain with occasional pain and discomfort that does not require significant lifestyle modifications

Compensation range: £8,400 – £28,250

Examples:

• Whiplash with persistent pain and stiffness that lasts for several months
• Moderate neck sprain with restricted range of motion that requires physiotherapy
• Moderate neck strain with chronic pain that interferes with daily activities and requires pain medication

Compensation range: £28,250 – £139,210

Examples:

• Severe whiplash with permanent neck pain and disability
• Neck fracture or dislocation requiring surgery and rehabilitation
• Chronic neck pain that requires ongoing medical treatment and affects the individual’s ability to work and enjoy a normal life

The actual amount of compensation awarded in each case will vary depending on the specific circumstances of your injury and the impact the injury has had on your quality of life.

If you’ve suffered a neck injury due to someone else’s negligence, you may be entitled to compensation. Navigating the legal process can be complex, but with the help of a specialist personal injury solicitor specialising in neck injury cases, you can maximise your chances of receiving fair compensation for your injuries.

You might be worried that you’ll be left with a bill you can’t afford if your claim isn’t successful. But the financial risk is kept to a minimum; almost all injury solicitors offer a no win no fee agreement, which means they won’t charge you if you don’t receive your compensation.

There are no upfront costs or hidden charges when you claim, and your solicitor will do everything they can to get you the compensation you need.

If you’re unsure whether you could start a claim, we’d recommend getting in touch with a trained legal adviser on 0800 234 6438. They have the expertise to be able to let you know whether you can claim – if you choose to go ahead, they can get the process started.