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How To Make Neck Injury Claims

By Danielle Jordan. Last Updated 10th June 2024. If you have suffered a neck injury in an accident, you may be able to make a neck injury claim. However, you would need to prove that your neck injury was directly caused by someone breaching the duty of care they owed towards you.

Within this guide, we will discuss the different daily instances where someone owed you a duty of care, and when you could have a valid personal injury claim for neck injury compensation. We will also look at the different heads of claim that could be included in successful neck injury compensation payouts. This guide will also share some examples of the benefits of making a claim with one of our experienced No Win No Fee solicitors.

To see if you could have a valid personal injury claim, you can contact our friendly team of advisors. They’re available 24 hours a day, 7 days a week, to answer questions you may have and provide free advice. To reach our team, you can:

A man holding his neck in pain following a car accident.

Select a Section:

  1. Neck Injury Claims Compensation Calculator
  2. When Could I Claim For A Neck Injury?
  3. How Long Do I Have To Claim For A Neck Injury?
  4. Neck Injury Claims – What Types Of Neck Injury Could You Suffer?
  5. No Win No Fee Neck Injury Solicitors

Neck Injury Claims Compensation Calculator

Your neck injury claim value depends on the circumstances of your injuries. For example, if you are making a severe neck injury claim after falling from a height, you may receive more compensation than someone claiming for minor whiplash injuries.

All successful neck injury compensation claims result in general damages, which cover the pain and suffering you endure because of your injuries. Under this heading, you can also claim for loss of amenity, which means loss of enjoyment.

For example, if you play rugby on the weekend as a hobby but your neck injuries render you unable to play, compensation for this could be included in your payout.

This heading of your claim can be valued with help from the Judicial College Guidelines (JCG). This document provides professionals with guideline compensation brackets, some examples of which you can see below. Please keep in mind that the first entry in this table hasn’t been taken from the JCG.

Multiple serious injuries plus expensesUp to £500,0000+
Neck Injury - Severe (i)In the reign of £181,020
Neck Injury - Severe (ii)£80,240 to £159,770
Neck Injury - Severe (iii)£55,500 to £69,330
Neck Injury - Moderate (i)£30,500 to £46,970
Neck Injury - Moderate (ii)£16,770 to £30,500
Neck Injury - Moderate (iii)£9,630 to £16,770
Neck Injury - Minor (i)£5,310 to £9,630
Neck Injury - Minor (ii)£2,990 to £5,310

You might also be able to claim for special damages, which cover the financial losses caused by your neck injury. Under this heading, you could potentially recoup the cost of:

  • Prescriptions.
  • Mobility aids, like a wheelchair.
  • Lost earnings.
  • Home adjustments.
  • Physical therapy and rehabilitation.
  • Childcare.
  • Help with cooking and cleaning.

Evidence of these financial losses will need to be presented, This could include bank statements, payslips and invoices.

To learn more, you can take a look at our neck injury compensation calculator, or get in touch with a member of our team today.

When Could I Claim For A Neck Injury?

You are owed a duty of care in various daily situations. These include:

  • While using the roads, all road users must navigate in a way that prevents damage and injury to themselves and others. This is their duty of care. Road users must follow the regulations listed within the Road Traffic Act 1988 and any rules that are relevant to them within the Highway Code to uphold their duty of care.
  • While you are carrying out work-related duties, your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). This means that they must take all reasonable and practicable steps required to ensure the health, safety and welfare at work of their employees.
  • In public places, the organisation or individual in control of that space must ensure your reasonable safety. This is their duty of care as set by the Occupiers’ Liability Act 1957.

However, all neck injury claims must meet the claiming requirements. This means that in order to make a personal injury claim, you must be able to prove that:

  • A liable party owed you a duty of care.
  • They breached this duty.
  • You suffered an injury due to this breach.

If you need any help using a neck injury compensation calculator, or if you have any questions regarding the eligibility of your case, contact one of the advisors from our team.

How Long Do I Have To Claim For A Neck Injury?

The Limitation Act 1980, sets out a a three-year time limit to begin a neck injury claim or any other type of personal injury claim. This time limit usually begins from the date of the accident that caused your injury.

Under some circumstances, the time limit for neck injury claims can work differently. If, for example, the claimant does not have the required mental capacity to start a neck injury claim, then there is an indefinite suspension applied to the time limit. A claim could be made for them by a litigation friend. If this doesn’t happen, and the injured party later recovers their mental capacity, then the time limit will instead begin from the day of recovery.

If a minor under the age of 18 has suffered a neck injury, then the time limit will not apply to them until their 18th birthday. Before then, a claim could be made on the child’s behalf by a litigation friend. If this doesn’t happen, the claimant will have 3 years to begin their own legal proceedings.

You can contact our advisors for free either online or on the phone if you would like to ask questions regarding claiming for a neck injury. Our advisors are available to discuss matters such as your eligibility to claim or whether it’s possible to estimate your potential payout with a neck injury compensation calculator.

Neck Injury Claims – What Types Of Neck Injuries Could You Suffer?

As we’ve already mentioned, you cannot claim for a neck injury alone; you need to be able to prove that negligence occurred. Negligence can result in a number of different neck injuries, including:

These are only a few examples of the types of injuries that you could claim for. If you are ready to get started on your neck injury claim, get in touch with our team of advisors for free today.

No Win No Fee Neck Injury Solicitors

Now that we’ve discussed how much compensation for a neck and shoulder injury you could be awarded, we want to let you know how a solicitor offering a No Win No Fee agreement might benefit you. Solicitors who work under this basis won’t expect you to pay them for their work if your claim is not successful.

Furthermore, by offering you a type of No Win No Fee contract called a Conditional Fee Agreement, if your claim is successful, the success fee your solicitor will take from you is legally limited. Therefore, there is no need to fret about excessive charges.

Typically under the arrangement, ongoing costs during the neck injury claims process are covered whilst you usually won’t have to pay an upfront payment either. That means your solicitor can get to work on your case as soon as you hire them.

Get in touch at a time most convenient for you. Our advisors can potentially put you in touch with one of our expert No Win No Fee solicitors. Additionally, they can discuss your possible neck injury compensation payout in the UK and give you information on how to claim at no extra cost to you.

Call For Free Advice And To Start A Claim

Call 0800 073 8804 now, and we are able to provide you with free advice on how to proceed with your claim and how much compensation you could receive from it. If you prefer, you can also contact us through our website to discuss any potential neck injury compensation claims. Furthermore, you can also reach us using the Live Chat window now on your screen.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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