How To Make Neck Injury Claims

By Stephen Hudson. Last Updated 3rd October 2024. Have you suffered a neck injury in an accident? If so, you may be able to make a neck injury claim. To achieve this, you must show that another person breaching a legal duty of care led to an accident that caused your neck injury.

Read through our guide to discover the different daily instances where someone owes 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 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:

• Call 0800 073 8804
• Write to us using our online contact form.
• Or you can message us on our 24/7 live chat service

Select a Section:

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

Who Could Make Neck Injury Claims?

You are owed a legal duty of care in various scenarios, including the following:

• While using the roads, each road user must navigate them in a manner which prevents damage and injury to others and themselves. This is their duty of care. As part of it, road users must also follow the regulations listed within the Road Traffic Act 1988, plus the relevant rules that are within the Highway Code to uphold their duty of care.
• Your employer owes you and their other employees a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). To uphold this duty, they must carry out all reasonable and practicable steps required to ensure the health, safety and welfare of their employees while they’re at work.
• In public places, the organisation or individual that legally occupies that space must ensure you are reasonably safe. This is their duty of care as set by the Occupiers’ Liability Act 1957.

In order to be valid, neck injury claims and other types of personal injury claims must be able to prove that:

• A liable party owed you a duty of care.
• They breached this duty.
• You were injured because of this breach.

If you would like to ask questions about your eligibility to start a neck injury claim, or about other relevant aspects, such as whether you can use a neck injury compensation calculator, contact our team of advisors today.

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

Due to the Limitation Act 1980, you have up to three years from when the accident occurred to start your neck injury claim. While this is the case for most personal injury claims, some circumstances may call for an exception to the general three-year rule. For example:

• A person without the mental capacity to claim has their limitation period paused indefinitely. If they recover this capacity, the three-year limit starts from their recovery date.
• A minor under the age of 18 is also exempt from the normal time limit. Their window to start a claim runs from their 18th birthday to their 21st.

It is also possible for a trusted person to act as a litigation friend during the pause period and handle the case on the injured person’s behalf.

You can find out how long you have to get your neck injury compensation claim underway by calling us and speaking to an advisor today.

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:

• Whiplash injuries after a road traffic accident.
• Soft tissue damage following a slip and fall.
• Breaks and fractures.
• Partial or complete paralysis following a neck injury that affects the spinal cord.
• Bruising.
• Cuts and lacerations.

These are only a few examples of the sorts 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.

Neck Injury Claims Compensation Calculator

You might be wondering how people are compensated if neck injury claims succeed. A payout can be split into a maximum of two parts, known as heads of loss. We’ll touch on the second potential head of loss in the next section, but first we look at the main head, called general damages.

General damages compensation aims to address the result of physical pain and emotional damage inflicted due to your injuries.

A neck injury claim payout can also cover loss of amenity, otherwise called loss of enjoyment. For example, if you regularly play rugby as a hobby but have to quit because of a neck injury you suffered in the accident, a payment could reflect this lost opportunity to enjoy life as you did before.

Those working out the general damages portion of the overall neck injury claim value might refer to your medical evidence. They can also get some help from the neck injury guideline figures for compensation found in a document called the Judicial College Guidelines (JCG).

Our table below features many of these figures. There are also two entries for whiplash. Due to the Whiplash Reform Programme, payouts for whiplash injuries are now fixed and taken from the Whiplash Injury Regulations 2021 tariff.

Apart from these entries, and the top line, all figures in the table are sourced from the JCG. However, it is still only a guide which you could use as an alternative to a neck injury settlement calculator.

What Else Can My Neck Injury Payout Cover?

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.

No Win No Fee Neck Injury Solicitors

Our expert solicitors have years of dedicated neck injury claims experience, and they can  help you with your case by:

• Collecting supporting evidence
• Taking witness statements
• Arranging for a convenient medical appointment so a report on your injuries can be produced
• Negotiating with the other party
• Handling court documents and correspondence
• Completing your case in an efficient timeframe

They can also answer questions such as ‘How much settlement for a neck injury?’ and guide you through the claims process.

If your case is eligible and is accepted, you will likely be offered a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement, and this agreement has several benefits that you might not be aware of:

• At the start of your case, you do not need to pay upfront for solicitor fees
• As your case progresses, you will not be asked to pay ongoing solicitor fees.
• If your case fails, then there are no solicitor fees to pay at all.

There is a success fee payable to the solicitor if your case wins. This is deducted from the compensation that has been awarded to you. The size of the deduction is on a percentage basis and the size of the percentage is legally capped. This means you keep the bulk of your compensation.

If you would like to work with one of our No Win No Fee solicitors for your neck injury claim, you can use the contact details below.

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.