Neck Injury Compensation Claims And Settlement Calculator
By Stephen Shepard. Last Updated 8th October 2021. Welcome to our guide on neck injury claims, where we’ll show you how to claim the compensation that you deserve for your suffering.
The term ‘neck injury’ refers specifically to damage done to the structure of the neck, thereby including soft tissue damage, nerves, bones, and the top of the spinal column.
However, the symptoms of neck injuries are not necessarily directly linked to these areas. While immediate symptoms such as stiffness, soreness, or sharp pain may directly affect areas of the neck, other psychological symptoms such as anxiety or depression may develop due to the stress that physical symptoms put upon you.
Neck Injury Compensation Claims
If your neck injury is caused by an accident, then you may be eligible for neck injury compensation. This could be the case regardless of whether the accident in question was at work or simply in a public place.
You could have grounds to make a claim if you suffered as a result of a third party. However, you must be able to prove the following in order to be entitled to compensation:
- They owed you a legal duty of care
- That they failed to uphold
- And you suffered some sort of damage as a result
If you’re wondering whether you could make a claim, please get in touch today for a free consultation with one of our specialist advisors. Here, you can get free legal advice and support. In the meantime, please read on to learn more about neck injury claims.
Select a Section:
- A guide to neck injury accident claims.
- What to do if you are involved in an accident causing neck injury?
- Claiming compensation for a neck injury at work.
- Claiming compensation for a neck injury in a public place.
- Judging the severity of a neck injury.
- How to begin a neck injury compensation claim.
- What can be claimed for after an accident causing a neck injury?
- How much compensation will I get for an accident causing a neck injury?
- Case study.
- No Win No Fee neck injury claims.
- Why choose us as your claims service for a neck injury claim?
- Helpful Links
- Neck Injury Claims FAQs
Welcome to our neck injury claims guide.
Neck injuries are commonly responsible for significant physical and psychological trauma levels, as they tend to debilitate and affect the quality of life of those who suffer them. Due to this trauma, commonly you can claim compensation for an accident causing a neck injury at work or in a public place.
This guide is to inform you about neck injury claims, the methods of beginning a neck injury claim and how justified your claim might be, and the amount of neck injury compensation, you may be justified in seeking. This page will also outline the process of starting a new compensation claim, and explain how we can help you on a No Win No Fee basis.
If you have been involved in an accident that has caused you a neck injury, the most important thing to do is stay calm and ensure you are safe. This should be done before you consider making neck injury claims so you can ensure that no further damage is being caused.
Firstly, you should seek medical assistance for your injury. This is mainly to determine whether you are in immediate danger due to your injury. Secondarily, it should also ensure that your claim will not be diminished because you failed to seek medical treatment for your injury immediately after the accident.
Secondly, after you’ve ensured you are safe, you should then begin to gather as much evidence surrounding the accident as possible. To use neck injury car accidents as a common example, you could take photos of the damage done to your car and the offending vehicle. You could also take statements from potential witnesses on the street and other vehicle drivers that saw the accident when it took place. Also, make sure to take details of the driver and the vehicle.
Thirdly, you should check that your timeline of events is coherent with the various pieces of evidence. For instance, suppose you claim that a van struck your car at a junction. In that case, you’ll ideally present evidence that heavily supports this, such as CCTV footage and statements from others who saw the accident, that can support your claim that you were the passive party in the accident.
To learn more about neck injury claims for accidents at work, please read the next section.
Damage done to the neck and spine at the workplace is becoming more and more common in the modern-day. Medical research suggests that approximately 70% of individuals who suffer pain during their workday, experience back and neck pain, clearly highlighting a severe issue for working people.
It is no longer only physical labourers’ realm to suffer from long-term back and neck pain at the workplace. Sedentary office work is undoubtedly contributing to increasing amounts of back and neck related pain at work.
However, the dangers related to neck injuries at work, primarily due to accidents, is still for the majority, in the realm of physical labour. Common mistakes to make are attempting to either carry something incorrectly due to the extent it damages the spinal column, and thereby neck, or carry something too heavy for an individual to safely lift, such as large sections of piping or bricks at a construction site.
To successfully claim compensation for a neck injury that you sustained through an accident at work, you must provide evidence for the accident occurring, evidence of the medical damage that the accident has caused you, and evidence for your workplace being liable for the injury and subsequent damage. All of these are necessary for any neck injury claims to be successful.
For example, suppose you slipped a neck vertebrae whilst attempting to lift or carry a large girder working at a construction site. In that case, you could provide testimony from other workers that you were asked to carry the girder, a report from a chiropractor stating the full extent of the damage, and the health and safety regulations that should have stopped your workplace from allowing you to carry such an item unassisted.
Attempting to make neck injury claims for injuries that you sustained due to an accident in a public place holds similar conditions for success. In this context, a ‘public place’ could refer to businesses, such as supermarkets or retail stores, government-regulated services, such as the pavement or a government building, or privately held property, such as universities or leisure parks.
Neck injuries that occur in public places could result from any number of random accidents that ultimately are the responsibility of someone. For example, if a bookshelf at a public library is improperly secured and falls on top of you, or if a ride at a leisure park has improper safety procedures and as a result stops too quickly, causing some neck damage.
Like neck injuries occurring at work, those occurring in a public place also require substantial evidence to be gathered to make a successful claim. You must provide evidence for the accident occurring, evidence of the medical damage that the accident has caused you, and evidence that the accident is directly the fault of a third party.
For example, if you tripped on a poorly maintained pavement and this caused you long-term damage to your spinal column, you could provide witness testimony concerning your fall in the street; a doctor’s report describing the severity of the neck injury and how it has impacted upon you medically; and evidence that this was directly the fault of the local council for failing to maintain the pavement to the recommended standard that they should be adhering to.
The legitimacy of neck injury claims and the extent of neck injury compensation rests heavily on the severity of your injury. Neck injuries are commonly categorised into minor, moderate, and severe injuries. The average compensation for whiplash, being a minor neck injury, is significantly lower than that awarded for moderate and severe neck injuries.
- Minor neck injuries – whiplash is a common neck injury that’s often minor in nature, which often happens when neck injury due to car accident occurs, commonly have minor symptoms and thereby only a minor effect on your life, thus reflected in the minor whiplash compensation generally awarded. The common symptoms of whiplash and other minor neck injuries usually develop within a day of the accident and include a loss of motion in the neck, neck pain and stiffness, headaches, and tiredness. However, other major psychological symptoms such as insomnia and depression have also been linked with minor neck injuries though at much less common rates than physical symptoms.
- Moderate neck injuries – are also commonly found in neck injury after a car accident, simply having more serious symptoms and consequences for your quality of life. Some such consequences could be major movement limitation, constant discomfort for a number of years, or a slipped disc in your upper spinal column that clearly has an ongoing and major impact on your quality of life. This is especially true of the effect such symptoms may have upon your mental state, causing depression or addiction to pain medication, drugs, and alcohol.
- Severe neck injuries – are the most severe form of a neck injury that can occur, such as permanent disability. These injuries are typical of an unalterable nature, such as complete permanent paralysis or severe long-term pain, and as such, have the largest effect on the quality of your life.
To learn how to make neck injury claims, please see the next section.
Under our company’s guidance, it will be straightforward for you to begin your neck injury compensation claim.
As previously stated, the first step for you to take is to collect the necessary evidence to prove the claim that you are making concerning your neck injury. Then, after this evidence has been collected, you can call our company for free on 0800 073 8804 to get initial advice.
If we believe you have a legitimate claim, we will decide whether to take your compensation claim on and what the next step should be in moving your claim forward. As an added bonus to this, our company operates under a ‘No Win No Fee’ policy that acts as an added safety barrier to your claim and your finances that will be explained in more detail below.
When you consider what you will be claiming for as part of neck injury claims, most people would simply consider the medical bills and perhaps the loss of earnings during an extended stay in the hospital.
However, many people fail to realise the true breadth of what they are legally entitled to consider as damage or expense resulting from a neck injury accident. The most common forms of damages awarded for a neck injury are:
- General damages – this covers all of the tangible aspects of the injury itself, for the pain and suffering, both physical and psychological. It also includes ongoing, long term physical problems and the negative effects they will have on the quality of life.
- Special damages – these are instances of loss that are not purely physical in nature. As the name suggests, this is a broad term and can include consideration of future loss, such as reduced working capacity having an effect on a person’s career prospects, or the inability to continue with sporting hobbies. Other losses such as having to cancel holiday plans, or missing an important life event such as a child’s marriage can also be included in general damages.
- Financial loss – direct loss of earnings due to the accident are also a common compensation claim to make, especially if you spend time in a hospital or rehabilitation facility and are thereby unable to work, or even have to give up work entirely.
- Medical bills – another common claim made for compensation, particularly in the case of major and moderate neck injuries which may require major surgery and extensive follow-up treatment on a long-term basis to ensure that the injury you sustained does not worsen over time.
- Travel expenses – that have occurred due to your accident can also be claimed for you as compensation, as an added cost to your life that occurs only due to the injury that you have suffered. For example, if you require regular hospital appointments due to a moderate neck injury you may need to take a taxi if you are unable to drive or live far away from your nearest hospital. This cost was incurred through no fault of your own, and you are certainly able to claim it back as part of your compensation awarded for the accident.
As you can clearly see here, compensation for neck injury claims is not simply limited to payment for medical treatment and does include a large number of different expenses that you are legally entitled to consider. Contact us for further details about personal injury claims.
The amount of compensation you may receive for an accident causing a neck injury can be estimated by using a neck injury compensation calculator, which is a rule-driven application, entirely based on the severity of your neck injury.
However, how much compensation for whiplash injuries and neck injuries you receive is based upon many additional factors. As previously mentioned, the three types of neck injury are minor, moderate, and severe; and all of these categories have wholly different levels of minimum and maximum compensation.
Below are some examples of the damages that people have been awarded for a range of neck-related injuries, taken from the Judicial College Guidelines:
|Minor Neck Injury||Short term damage to neck such as whiplash||£2,300 - £7,410|
|Moderate Neck Injury||Long term damage, restricting movement and causing pain||£7,410 - £36,120|
|Severe Neck Injury||Severe pain, impairment of movement or paralysis||£42,680 -
As can be clearly seen, the classification of your neck injury by a medical professional is the most important factor in the decision of how much compensation you are rewarded for your accident. This only further emphasises the importance of immediately seeking medical help once the accident occurs and ensuring that the continuity of your treatment can be proved in court.
If you’d like to use our personal injury compensation calculator, please head here. Using this free tool, you can assess your ability to claim and what your possible payout could be if it led to a successful outcome.
Of course, these are only possible compensation amounts for general damages. Additional types of damages such as special damages, travel costs, etc. will always be unique to each specific case, and therefore cannot be predicted. A personal injury solicitor could advise further on this if you seek legal advice.
As we have previously mentioned within the previous section of this neck injury claims guide, neck injuries can be sustained after various accidents, such as accidents at work or after a road traffic accident.
Within this section of our guide, we wanted to take a moment to include several statistics about damage to the neck area. However, please note that the statistics provided about injuries to the neck are not directly related to negligence.
Workplace accidents such as slips and trips could be a leading factor that causes neck injuries. Thankfully, there are various measures an employer can introduce to ensure the workplace is up to code. For instance, an employer could:
- Carry out routine inspections for the workplace. Ensure risk assessments are carried out.
- Supervise all members of staff when carrying out dangerous tasks
- Provide personal protective equipment (PPE) when needed.
- Ensure a high standard of housekeeping is met.
All of these duties are outlined by the Health and Safety at Work etc. Act 1974. However, despite the measures listed above, an accident could still occur. For instance, it was documented by the Health and Safety Executive (HSE) in their summary statistics that there were 111 workers who were fatally injured at work in 2019/20.
In addition to this figure, it was reported that 1.6 million people suffered from a work-related illness during the same period. 693,000 sustained a workplace injury, and an estimated 38.8 million working days were lost due to workplace ill-health and injuries.
The HSE’s summary statistics also found that an estimated 480,000 employees were suffering from work-related musculoskeletal disorders (either new or long-standing) in 2019/20. When analysing these cases based on which area of the body is affected, it’s estimated that 212,000 of the employees were suffering a musculoskeletal disorder in the upper limbs or neck.
To learn how you could make neck injury claims on a No Win No Fee basis, please see the next section.
By far, some of the most stressful aspects of attempting to make a neck injury claim and being awarded compensation for your accident, are going to be the continual legal fees that put unnecessary pressure on your finances, during a period of your life when you are unlikely to be working and adding to your savings.
For this reason, we offer you a ‘No Win No Fee’ agreement when entering into a neck injury claim for compensation. This agreement, also known as a ‘Conditional Fee Agreement,’ guarantees you safety in your legal dealings by clearly stating that a fee will only be paid if your compensation case is successful. If we fail to win you compensation case, there is no fee.
This provides a solid base for any individual, regardless of how limited their financing options may be, to take their claim to court and have it decided upon reasonably within the legal system. We care about your ability to find justice within the legal process, especially if you find yourself the unintended victim of a horrible accident.
So, we offer to handle neck injury claims on a No Win No Fee basis to ensure that you cannot lose out, regardless of the outcome of your compensation claim. Even more than this, our policy limits our maximum fee to 25% of your total compensation when you do win your case. So you will always be left with at least 75% of all damages you have been awarded, once we have taken our fee. You really cannot lose.
Once you choose our neck injury claims service to deal with your compensation case, we can provide you with plenty of expert help, advice and support through what is certain to be a difficult period of your life.
We try to make the compensation claim process as impactless as possible, and simple to understand. We don’t overcomplicate things and try and blind you with legal jargon—just simple, effective and understandable legal representation, provided in a No Win No Fee way.
Our years of experience in dealing with injury compensation claims gives us almost unrivalled capability to ensure you receive the maximum neck injury compensation that you are entitled to. We also make sure that your case is handled with due care, and no action is taken that could cause your neck injury claim to be overturned.
Call for Free Advice and To Start a Claim
No matter how legitimate you believe your neck injury claims to be or how likely you feel it will be for you to receive any compensation, it is essential that you investigate how much compensation you could receive.
If you suffer from a neck injury of any kind that you believe to be someone else’s fault, such as your workplace, a private firm, or the local council, it is always worth getting advice on your potential claim for neck injury compensation.
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.
- NHS Whiplash
- Whiplash Compensation Calculator
- Case Study: £100,000 for a neck injury
- Accident at Work Claims Guide
- Whiplash Injury Claims Guide
How much compensation will I get for a neck injury?
Settlements sit within the four- and five-figure range depending on the severity.
What is a good settlement offer?
This is an offer that lies between what the claimant expects and what the defendant can afford.
How long does it take to receive an offer of compensation?
Payment of settlements usually comes to the claimant within 14-28 days of the final decision.
Should you accept the first compensation offer?
No, in most cases you should not accept the first offer as this is often smaller than the final settlement offer.
How are injury claims calculated?
This comes by you considering the pain and suffering to form general damages along with other financial losses to make up special damages.
How long do injury claims take?
Most cases are settled within 4-8 months depending on the evidence available and the defendant’s desire to accept liability.
How do you explain pain and suffering?
This looks at the physical and emotional impact of the neck injury on the client.
What are the chances of winning a personal injury lawsuit?
Most victims who file a suit alongside credible supportive evidence win their cases by receiving an out-of-court settlement.
Thank you for reading our guide on neck injury claims.