Neck injury compensation claims

How long do I have to make a neck injury compensation claim?

The time limit to make a compensation claim for a neck injury is three years from the date of the accident or three years from the date your injury was diagnosed by a medical professional.

Children who have suffered a neck or spinal injury have up to three years following their eighteenth birthday to start their claim.

Additionally, there is no time limit for those who may not have the mental capacity to make a claim. In these cases, a trusted family member can make a claim on their behalf as a “litigation friend.”

We recommend that you start your claim as soon as possible, as it gives us the best opportunity to collect all the evidence necessary to build the strongest case on your behalf. Speak to our specialist no win no fee solicitors today.

Can I claim neck injury compensation on behalf of someone else?

Yes, if a loved one has suffered a neck or spinal injury and is unable to make a claim themselves due to their condition or if they are a minor, you can step in to make a claim on their behalf. Known as acting as a ‘litigation friend’, this process allows you to represent someone who’s either under the age of 18 or doesn’t have the capacity to manage their own claim due to their injuries.

How much compensation can I claim for a neck injury?

Compensation payouts for neck and spinal injuries will depend on the severity of your injuries and how your injuries have affected your life.

The total amount of compensation you may be able to claim is calculated by combining the General Damages and Special Damages you may be entitled to claim for.

General damages are calculated using the Judicial Board Guidelines as a reference and relate to how severe your neck injury is.

For non-whiplash-related neck and spinal injuries, the Judicial College Guidelines suggest settlement amounts for minor neck injuries should start at £6,680, up to £139,210 for severe neck injuries, including significant spinal damage and permanent disability.

In addition, you can claim for special damages – the amount of compensation to cover expenses you may have already incurred or will incur because of your injury.

Compensation could be claimed for expenses that may include, but would not be limited to;

• Any loss of income or pension
• Any costs associated with your rehabilitation or ongoing medical treatment
• Any costs related to adaptations you may need to make to your home
• Any costs for the care you may have or will need to receive, even if a family member or friend provides this
• Any out-of-pocket expenses you or anyone who has cared for you may have incurred

Our specialist personal injury solicitors recognise, for neck and spinal injuries claims, the importance of ensuring the correct amount of special damages are claimed for, so we take the utmost consideration into ensuring you are compensated correctly in relation to the severity of your injuries, the effects the injury has had on your life, loss of earnings and changes to your lifestyle.

In May 2021, the government introduced new compensation claim limits for soft tissue neck injuries diagnosed as whiplash that you may have suffered in a road traffic accident. These amounts are based on how long it may take for you to recover from your injuries. These amounts range from £240 to £4,345 and only apply to those involved in a car accident.

These amounts do not apply to more vulnerable road users such as pedestrians or cyclists and do not apply to any other type of personal injury claim, such as neck injury claims caused by medical negligence, accidents at work, or accidents in a public place.

Speak to our experienced personal injury solicitors today to determine how much your claim might be worth or use our claim neck and spinal injury compensation calculator to find out how much you may be able to claim.

What types of neck injuries can I claim compensation for?

Our specialist neck and spinal injury solicitors have over two decades of experience helping people claim compensation for varying levels of neck and spinal injuries suffered through no fault of their own. These include:

Compensation for minor neck injuries, including soft tissue injuries such as strained, sprained or torn tendons, ligaments, or muscles, when recovery is expected within 3-24 months.

Compensation for moderate neck injuries with longer-term complications such as prolapsed discs, dislocations, disc lesions, fractures, and cervical spondylosis, resulting in serious limitation of movement and permanent and recurring pain.

Compensation for severe neck injuries with long-term or life-changing effects. Injuries could include severe soft tissue damage, chronic pain conditions, spinal cord and disc damage, partial or complete paraplegia, and significant or permanent disability.

Can I make a no win no fee neck injury compensation claim?

Yes. Our specialist neck and spinal injury compensation legal services are offered on a no win, no fee basis, meaning you won’t pay a penny if you don’t win your claim.

Additionally, with Express solicitors, there are no upfront costs or hidden charges, and you’ll never be out of pocket. In some cases, we may even be able to provide you with an interim payment if your injuries are serious.

Who is responsible for paying my neck injury compensation?

The compensation for a neck injury claim is typically covered by the insurance of the party found to be at fault. For workplace accidents, this would be your employer’s liability insurance. In the case of road traffic accidents, the driver at fault’s vehicle insurance would cover the compensation. If they cannot be traced or the driver responsible for the accident is uninsured, compensation is handled by the Motor Insurers’ Bureau.

For injuries that happen in public places, the responsibility falls on the organisation in charge of the premises. This could be a supermarket or retail store, a local authority, or even an organisation such as Highways England.

What is a no win no fee agreement?

No win no fee agreements are also known as Conditional Fee Agreements (CFA). This agreement means that there is only a fee on the condition that you win your claim. It means you are safe to pursue a compensation claim knowing that you have no financial risk if it’s unsuccessful.

You will only pay a fee if your claim is successful, and the amount will be agreed upon when you enter into the agreement at the start of the claim process.

In addition, we take out an insurance policy on your behalf, which protects you in the rare event the claim isn’t successful. This is known as an After The Event (ATE) insurance policy, which means you have no upfront costs and nothing to pay if you lose the case.

In some cases, we can arrange for an advanced interim payment to help with expenses if you are struggling with financial commitments because of your injuries.

With over 1,000 years of combined legal expertise, we win cases other firms can not. Get in touch today with our team of no win no fee solicitors who are waiting to offer you legal support and advice. We provide unlimited legal advice at the outset of all claims, so don’t hesitate to contact us.

How do I start a neck injury compensation claim?

Contact us today, and our friendly, experienced neck injury claims team will provide free, unlimited legal advice. We’ll be able to let you know your legal rights, including if you can make a claim.

We may ask you for some information about your claim. The more information you can provide, the better we can advise you of your rights.

We may ask some of the following questions;

• When, where and how you sustained your injuries
• The level of injuries suffered as a result of the accident
• Who may have been at fault for the accident
• If you have any of the following (if applicable) witness statements, accident reports, photographs, police reports, work accident reports, or CCTV of the accident scene
• What medical diagnosis and treatment has taken place
• How the injuries may have affected your life, and how they may have affected your family’s life

With over two decades of experience successfully claiming compensation for personal injury, we know how suffering injuries through no fault of your own can dramatically affect your life.

How does the claim process for neck injuries work?

If you decide you’d like us to represent you, we will walk you through the process of making a no win no fee claim, clearly explaining the fees and how you’re protected from any financial loss if your claim is unsuccessful.

Based on the information you can provide, we will instruct an independent medical expert to assess the injuries sustained and how they may impact your life. We can even help put you in touch with private medical providers to help with your rehabilitation.

Our solicitors will start constructing your case based on the information provided, the medical report and other documentation and represent your legal rights against the other party until a compensation amount is agreed upon.

How long will my neck injury compensation claim take?

The length of your claim will depend on how complex it may be. Sometimes, it may be necessary to wait until both the short-term and long-term damage has been accurately assessed.

Some claims can take just a few months, while others may take longer. Our solicitors will be able to provide more information on how long your claim may take on your first call.

Can I claim compensation for a neck injury from a slip, trip or fall in a public place?

Seemingly innocuous slips can lead to long-term severe injuries, especially when the neck or spine has been injured.

Even when you are out in public, whether in a shop, restaurant or pub or walking on the pavement, your safety is usually someone’s responsibility. You can make a claim for your injury if your safety has been compromised through someone else’s negligence.

We have successfully handled claims that included:

• Slips on wet floors in shops and restaurants where no warning signs were present
• Trips and falls caused by poor lighting, or missing or broken handrails on stairs
• Trips on pavements because of uneven surfaces caused by potholes or missing kerbstones

Can I claim for a neck injury caused by an accident at work?

Under the Health and Safety at Work Act 1974, your employer must ensure staff are appropriately trained and that your workplace is safe. You may be able to claim if you can prove that your employer failed in their duty of care and this negligence contributed to your injuries.

You can sometimes claim for neck or spinal injuries suffered in an accident at work, even if you were partly at fault. For example, if you were injured in an accident caused by your incorrect use of equipment, but your employer failed to provide adequate training for the equipment, you could make a ‘contributory negligence’ claim.

In this case, you would be awarded compensation based on how much your employer was at fault – for example if you were half at fault, you would get half the total compensation amount.

You have the same rights to claim for your neck injury if you are a full-time or part-time employee, a contractor or on a zero-hours contract.

Can I claim compensation for a spinal injury caused by medical negligence?

When receiving medical treatment, you are putting your trust and health in the hands of a medical professional. Medical negligence occurs when you receive inadequate care or are injured while accessing treatment. This can have severe consequences and be an extremely traumatic experience.

Neck injuries can be caused by different types of medical negligence, such as surgical negligence, birth injuries, GP misdiagnosis or negligence or medical misdiagnosis. To start a claim, you will need to prove that your neck injury was caused as a result of medical negligence.

Can I claim for a neck injury caused by a road traffic accident?

Fortunately, most neck injuries caused by road accidents are limited to whiplash. Whiplash is an injury that affects the soft tissue in your neck. It is most frequently caused by sudden movement. Whiplash occurs when the tendons, ligaments and muscles in your neck are stretched beyond their natural range, which causes damage. The government introduced compensation limits for whiplash claims in 2021, changing your rights to claim for whiplash. Please see our whiplash claims page to find out your rights to claim.