Make A Serious Neck Injury Claim

This guide will explain when making a serious neck injury claim is possible. The neck has a pivotal role in supporting the head and spine, and a severe injury can cause significant disability and mobility issues. We will lay out the eligibility criteria for claiming if your injury occurred because of a third party breaching their duty of care.

After showing the places in which a third party might be duty-bound to keep you reasonably safe, the guide will provide examples of evidence that would support your case.

We will then look at the compensation for a successful personal injury claim. Finally, you can learn more about the benefits of our No Win No Fee solicitors’ serious injury claim service.

Our dedicated advisors are free to talk to, and the assessment they can provide is also obligation-free. For answers to your questions about making a neck injury claim, please:

• Call 0800 073 8804;
• Discuss a claim online;
• Open the live chat feature below.

Select A Section

1. Am I Eligible To Make A Serious Neck Injury Claim?
2. Types Of Serious Neck Injury Claims
3. What Evidence Do You Need To Claim For A Serious Neck Injury?
4. Serious Neck Injury Compensation Calculator
5. Start A No Win No Fee Serious Neck Injury Claim

Am I Eligible To Make A Serious Neck Injury Claim?

As with any personal injury claim, your serious neck injury claim must satisfy certain eligibility criteria to go ahead. You will need to show that:

• A third party owed you a duty of care;
• They breached their duty; and
• This breach led to an accident which caused you physical and/or mental harm.

Our advisors can help if you have questions about the eligibility criteria and how to prove a third-party breach of duty.

Is There A Time Limit On Injury Claims?

The Limitation Act 1980 sets out a general time limit for personal injury claims, stating that a claim must start within three years of the accident date.

There are exceptions to the limitation in certain circumstances. If you are unsure about your claim or want to know more about time limits, just call our advisors on the above number.

Types Of Serious Neck Injury Claims

Serious neck injuries are a potential outcome of accidents occurring anywhere. In this section, we will look at accidents at work, public accidents or road traffic accidents that could form the basis of a serious neck injury claim. If you have suffered a neck injury and do not know if you can claim compensation, please call our advisors at the above number.

Serious Neck Injuries At Work

The Health and Safety at Work etc. Act 1974 sets the duty of care for employers. Section 2 of the Act outlines the need for employers to take all reasonable and practicable steps to ensure employee safety. While harm may be an unavoidable risk in certain circumstances, employers breaching their duty of care could lead to employees suffering preventable harm. Examples of a breached duty include:

• An employer does not inspect their equipment and gives a broken ladder to an employee working at height. The employee then suffers a paralysis injury in an ensuing accident where the ladder breaks, causing them to fall onto their neck.
• An employee trips and falls, suffering neck muscle damage, because an employer did not keep the floor space clear of obstacles and trip hazards.

Serious Neck Injuries In Road Accidents

Serious neck injuries could occur if a road user fails to follow the rules set out by the Highway Code and the Road Traffic Act 1988. Road users can meet their duty of care by navigating the road in a manner that keeps themselves and others safe from harm. A breach of duty could be, for example:

• A driver who is under the influence of alcohol and driving recklessly swerves without warning and strikes a cyclist in a hit-and-run incident. The impact leaves the cyclist with a fractured cervical spine.
• A HGV driver goes the wrong way down a one-way road. They hit a car whose driver suffers serious neck soft tissue damage due to the force of the crash.

Public Neck Injury Claims

Occupiers of a public space have a duty of care to keep visitors reasonably safe on the premises, according to the Occupiers’ Liability Act 1957. If they ignore risks to public safety, an accident could occur, as in the below examples:

• A theme park owner does not check that their rides are in working order. An older ride malfunctions, and its riders sustain severe neck injuries.
• The local water authority is made aware of a serious defect in a drain cover but does not act to fix it or cordon it off. A pedestrian falls after the cover breaks underfoot and sustains a broken neck.

What Evidence Do You Need To Claim For A Serious Neck Injury?

You can strengthen your serious neck injury claim by collecting as many of the below forms of evidence as possible:

• An official record, like a workplace accident book report.
• Medical evidence such as an X-ray.
• CCTV or dash cam footage of the accident.
• Photographs of the accident scene.
• Witness contact information.
• Documents like a payslip or bank statement as proof of a loss of earnings, which we will cover in the next section.

A solicitor could help gather evidence and speak to witnesses during your case. Please contact our advisors today if you want to know more about the services we provide.

Serious Neck Injury Compensation Calculator

A serious neck injury claim settlement can be formed of up to two heads of claim, which are:

• Special damages, where you can claim for the likes of a loss of earnings or travel costs to compensate you for monetary losses caused by injury.
• General damages are awarded to you to compensate for the physical pain and mental suffering brought about by injury.

The below table provides some guideline figures laid out by the Judicial College Guidelines, a document legal professionals use alongside medical evidence to calculate what compensation certain injuries could be valued at. 

Please remember that these figures are only a guide and that compensation cannot be guaranteed because every serious neck injury claim is unique. Please speak to our advisors if you would like to know more about the compensation you could claim.

Compensation table

Start A No Win No Fee Serious Neck Injury Claim

Adjusting to life after severe neck damage can be difficult, so the expert support of our solicitors could be exactly what you need. A solicitor can manage and submit your claim while you recover, keeping you updated throughout.

Our solicitors provide their service through a Conditional Fee Agreement, which is a No Win No Fee type contract. These terms could benefit you because you would not be asked to pay for your solicitor’s services:

• Upfront;
• During the claim; or
• At all, if the claim fails.

Your solicitor would collect a success fee if the case wins. The percentage of the compensation they take has a cap applied by The Conditional Fee Agreements Order 2013. 

Talk To An Expert Today

You can discuss your serious neck injury claim with an advisor today at no cost. As well as getting relevant guidance, you could ask for a free assessment. Should our advisors find that you have valid grounds to claim against a third party, your case could be forwarded to our solicitors.

However, please rest assured that while advisors will explain the benefits of working with a solicitor, there is no obligation. To make the most of this dedicated support, please:

• Call 0800 073 8804;
• Ask about a claim online;
• Join an advisor on live chat below.

Discover More About Claiming For Serious Injuries

We have a wide range of guides to help you make informed decisions after suffering injuries in an accident, including these articles below:

• A guide to spinal injury claims.
• How to make a serious brain injury claim.
• A look at making a claim for a back injury.

Here are some resources which could be helpful:

• NHS information on neck pain.
• Government guidance on claiming Statutory Sick Pay.
• If you do not have a dash cam, you could ask National Highways for traffic camera or CCTV footage.

Thank you for reading our guide on making a serious neck injury claim. Please get in touch with our advisors if you would like any further support.