How Much Compensation For A Neck Injury Claim?

A damaged neck can literally be a real pain in the spine. Trying to work or drive with constant pain, headaches, or other problems might seriously impact your ability to cope with the demands of your life. If these injuries were caused by the negligence of others, personal injury compensation in a neck injury claim could help.

Our guide on making neck injury claims will begin by looking at how much compensation can apply if the claim is successful. We look at the factors that can influence compensation and who pays out. Eligibility is explained, and you’ll also find useful information on the type of evidence that can strengthen your claim. You might need to start a neck injury claim for someone else, so we will discuss how to go about that.

After looking at some common injury types, we lay out the process for starting your claim. The final section details the advantages of working with our solicitors under a kind of No Win No Fee agreement. Thereby, avoiding the additional burden of immediate solicitors’ fees to fund your claim.

There’s a lot of information in this guide, so please feel free to contact our dedicated advisory team as you read if you want a more detailed explanation. They also offer a free assessment of the eligibility of your claim, and you can get that now if you:

• Call 0161 509 2856 to discuss.
• Send a message through our Contact Us page
• Or talk to advisors via the pop-up window below.

Frequently Asked Questions 

1. How Much Compensation Can I Claim For A Neck Injury?
2. What Factors Can Affect The Amount Of Compensation I Get?
3. Who Would Pay For My Neck Injury Compensation?
4. What Can Neck Injury Compensation Help Me With?
5. Am I Eligible To Make A Neck Injury Claim?
6. Can I Make A Neck Injury Claim On Behalf Of Somebody Else?
7. What Are The Common Accidents In Neck Injury Claims?
8. How Do I Begin A Claim For My Neck Injury?
9. How Long Do I Have To Make A Neck Injury Compensation Claim?
10. Claiming On A No Win No Fee Basis
11. More Information

How Much Compensation Can I Claim For A Neck Injury?

An amount between £181,020 and £2,990 can be awarded in neck injury compensation claims. These figures are taken from the Judicial College Guidelines (JCG) and are strictly provisional amounts. The exact amount of compensation that can apply for a neck injury always differs and is based on the severity of the injury and the prognosis for recovery. In addition to this, other factors, such as compensation for out-of-pocket losses, can take this figure much higher.

The bullet point list below has used some entries from the JCG (except the first line) to illustrate. Also, the last two entries are taken from the Whiplash Injury Regulations 2021 (which we explain later on in this guide). 

Guideline Brackets

• There can be awards for multiple types of injuries and special damages that reflect rehabilitation, private medical care, and loss of earnings. This can be up to or total more than £1 million.
• (a) (i) Severe neck damage resulting in incomplete paraplegia or permanent spastic quadriparesis might attract something in the region of £181,020.
• (a) (ii) Severe cases that usually involve fractures or permanent cervical disc damage – £80,240 up to £159,770.
• (a) (iii) Severe examples include fractures and dislocations and/or soft tissue or ligament damage, leading to significant permanent disability – £55,500 up to £68,330.
• (b) (i) Moderate cases where the person suffers an initial injury significant enough to require spinal fusion surgery – £30,500 up to £46,970.
• (b) (ii) Moderate examples of ‘wrenching’ or soft tissue injuries that limit movement and cause recurring pain and discomfort – £16,770 up to £30,500.
• (b) (iii) Moderate examples dealt with in this bracket, such as injuries that speed up or worsen a pre-existing condition within a space of 5 years or less – £9,630 up to £16,770.
• (c) (i) Minor neck injury cases where a full recovery takes place in about 12 – 24 months – £5,310 up to £9,630.
• (c) (ii) Minor examples are dealt with in this bracket, such as cases where recovery takes place within 3 months to a year – £2,990 up to £5,310.
• Whiplash that lasts between 18 – 24 months with psychological harm – £4,345
• Whiplash lasting between 15 – 18 months with psychological harm – £3,100.

It’s important to stress that every claim will vary, and these JCG amounts are only intended to be general guidelines. The best way to obtain a more exact idea of general damages is to consult with an expert personal injury solicitor like those here at Advice. We can assist with this if you get in touch.

What Factors Can Affect The Amount Of Compensation I Get?

There are a number of factors that can affect the level of compensation you might receive, which are dealt with in two areas: general and special damages.

General damages apply an amount for the physical pain and suffering, alongside any psychological injury that you suffered because of what happened. A permanent disability and loss of amenity (the pleasure of past activities) in daily life can also be assessed under this category of loss.

In addition to general damages, you could recover lost financial amounts under special damages. A serious neck injury might generate a whole array of sudden and unexpected costs or impacts, such as:

• Loss of earnings from missed work.
• The cost of care from others.
• Amounts paid out to make essential adaptations in the home.
• Travel expenditure to vital appointments.
• Private medical costs for treatment or physiotherapy.

With this in mind, it’s important to keep all receipts, wage slips, and statements that you think indicate monetary damage caused by the injury. Using this evidence, those calculating compensation can combine general and special damages to really boost the potential compensation owed to you. If you’re interested in seeing how our solicitors might calculate your neck injury claim, get in touch.

Whiplash Regulation Changes

On May 31st 2021, changes were made to the way certain motor vehicle accident claims are made. These changes are a result of the Whiplash Injury Regulations. However, certain eligibility criteria must be met to claim in this manner:

• The motor vehicle accident must have occurred on the roads in England or Wales.
• You must have been either the driver or the passenger.
• Additionally, only those aged 18 or older at the time of the accident can claim through the Whiplash Reform Programme.
• Furthermore, injuries must be valued at £5,000 or less.

Whiplash injuries will be valued based on a fixed tariff found in the Whiplash Injury Regulations 2021 (we included a few examples of these tariffs in our list above). However, if you sustained injuries that do not exceed the total value of £5,000 that are not found in these tariffs, they will be valued in the traditional manner, but you will still claim through the Whiplash Reforms (if you meet the rest of the criteria).

A solicitor from Advice could still help with your claim, and you may be entitled to more. So reach out to advisors to discuss your options for your neck injury claim. 

What Can Neck Injury Compensation Help Me With?

Neck injury compensation can help you deal with a wide array of financial issues, ranging from minor expenses to long-term rehabilitation costs incurred during your recovery. Some examples include:

• The cost of private healthcare to treat the injury and any long-term disability.
• Compensation for income that was lost through missed work.
• The costs of any additional childcare.
• Expenses related to rehabilitation or training to learn new skills if you cannot return to your old career.
• Modifying your home or car to suit your new needs.

Neck injury compensation can be calculated to cover predicted costs that might arise as well, such as long-term physiotherapy expenses. Take a moment to learn how our solicitors could help you aim for the maximum compensation owed to you.

Who Would Pay For My Neck Injury Compensation?

Depending on where the accident occurred, the neck injury compensation is typically paid by the third party’s insurer:

• In the workplace, the employer’s insurer would pay out from the employer’s liability insurance, which they must have by law.
• In public spaces, the liable party’s insurer would pay compensation. Occupiers of spaces that allow members of the public to visit must have public liability insurance. 
• On the roads, the party that pays your neck injury compensation is usually the insurer of the other motorist. However, in cases where the motorist was uninsured or fled the scene (an untraced driver), the Motor Insurers’ Bureau (MIB) are often able to pay some form of compensation to the impacted person.

Again, you don’t have to face making a claim alone. A solicitor from Advice could support you through the claims process, whatever course of action is appropriate. Call to discuss.

Am I Eligible To Make A Neck Injury Claim?

Your eligibility to make a neck injury claim rests upon showing that someone else breached their duty of care to you and caused you actual harm. Certain laws define this in the three main areas where a neck injury could occur:

• All road users are obliged to avoid hazardous actions while driving. To comply fully with their duty of care, they must follow the Road Traffic Act 1988 and the rules in the Highway Code.
• In the workplace, the Health and Safety at Work etc Act 1974 (HASAWA) places a duty of care on employers to take proportionate and reasonable steps to ensure employee safety as they carry out their work duties. 
• In public spaces, those in charge must comply with the Occupiers’ Liability Act 1957 and ensure all reasonable steps are implemented to prevent visitors from suffering harm.

With this in mind, to have eligible grounds to move ahead with a neck injury claim for compensation, you need to show:

• A duty of care applied at the moment of accident and injury.
• Those responsible breached this duty.
• You suffered physical and/or psychological harm as a consequence.

With all three points in place, you could have eligible grounds to launch your compensation claim for a neck injury. If you would like guidance on your right to claim, please speak to our advisory team.

Can I Make A Neck Injury Claim On Behalf Of Somebody Else?

You can make a claim on behalf of someone else if they are under 18 or lack the mental capacity to manage their affairs. The courts often designate a family member to take on the role of a litigation friend and assume the responsibilities of the claim. If you need information on claiming for someone else, please contact our advisory team.

What Are The Common Accidents In Neck Injury Claims?

Here are some examples of common accidents that might appear in a neck injury claim:

Road Traffic Accidents

• The driver behind was looking at their phone instead of the road and rear-ended the car in front, causing severe whiplash to that driver.
• The driver of a lorry failed to ensure rear-view mirrors were correctly positioned and hit a motorcyclist at a junction, causing severe soft tissue injury and damage to the rider’s neck.

Accidents At Work

• The computer cables in an office were not secured and stowed correctly, which caused an employee to trip and dislocate vertebrae in their neck.
• Staff in a warehouse were expected to move heavy items without the correct lifting equipment or manual handling training. An employee pulled a ligament in their neck while trying to move a large item.

Accidents In Public Places

• The owners of a supermarket failed to clear up a spillage or place warning signs around the hazard. Because of this, a shopper slipped and suffered a neck injury in the fall.
• The handrail in a nightclub was broken, and despite being aware of the issue, the management failed to repair it. A customer lost their grip and fell down the stairs, suffering a fracture in their cervical spine.

Serious Neck Injuries

• After a storm, unsafe scaffolding on a construction site led to a worker falling and suffering severe spinal and neck damage. This left them paralysed from the neck down.
• A drunk diver collided with a pedestrian at a crossing, and the impact caused multiple injuries to the pedestrian’s neck and spine. This life-changing accident resulted in them permanently needing a wheelchair.

Whether you suffered minor or more severe neck injuries, you could be entitled to claim compensation. Call to discuss your case.

How Do I Begin A Claim For My Neck Injury?

To start your neck injury claim, you can get in touch with a member of the advisory team. They can assess your case and connect you to one of our No Win No Fee solicitors if you meet the criteria. Another step you can take is gathering evidence. This will need to show liability for your neck injury. Examples include:

• Photos of the visible injuries.
• Copies of medical evidence and treatments given.
• Witness contact information. Statements taken later on may strengthen your case.
• A copy of any workplace accident book.
• Copies of CCTV, dashcam or helmet cam footage that filmed the event.
• Details of the other party’s insurer if your neck injury occurred in a road traffic accident.

Evidence like this is something a solicitor could help you gather. Learn more by contacting the advisory team now. 

How Long Do I Have To Make A Neck Injury Compensation Claim?

Normally, you have 3 years to start a personal injury claim from the date of the accident. This is laid out in the Limitation Act 1980. There are certain exceptions to this normal time limit:

• • It’s paused for those under 18 and the 3-year period starts instead from their 18th birthday.
  • A freeze applies to time limits for those without mental capacity to manage their own claim, and the 3-year limitation period starts on any date that their capacity is restored.
  • As stated, both groups could start a claim immediately if a litigation friend acts for them (but this would preclude any future legal actions).

For more free guidance on time limits or any aspect of the personal injury compensation claim process, please speak to the team.

Claiming On A No Win No Fee Basis

If your claim for neck injury is eligible, you could seek compensation with a legal representative who uses a type of No Win No Fee contract. Not all personal injury solicitors offer this option. However, our solicitors provide their services through a Conditional Fee Agreement (CFA). This offers a host of advantages to the person seeking compensation:

• No upfront solicitors’ fees.
• No fees apply for work carried out on the compensation claim for the solicitor’s work on it as it is ongoing.
• No solicitors’ fees apply for finished work if the claim is unsuccessful.
• A small and legally restricted amount needs to be paid from the compensation if it settles in your favour.
• You can agree to the success fee prior to work starting.
• Also, there is a legal cap on this percentage that ensures that you receive virtually all of the compensation awarded to you.

In addition to these benefits, you can trust that experts are handling your neck injury claim. They will calculate the compensation owed to you both now and predict costs in the future. As well as fiercely represent your best interests if the claim needs to go to court. Furthermore, they will provide you with detailed updates on how the claim is progressing. And take care of all the correspondence that arises—allowing your claim to be as stress-free as possible.

Interested? Start by getting in touch:

Contact Our Solicitors

• Call 0161 509 2856 to discuss how a specialist personal injury solicitor could help you.
• Send a message through our Contact Us page
• Or talk to advisors via the pop-up window below if you suffered a neck injury.

More Information

If you’re looking for more information on neck injury claims, the following resources from our site might help:

• This guide looks at serious spine injury claims.
• Also, we provide a whiplash compensation calculator here.
• Here, you can read about back injury claims as well.

External resources to help:

• Read about some exercises for neck muscle and joint problems.
• This resource from GOV.UK looks at driving for those with neck or spine damage.
• In addition to this, read what the NHS says about neck pain.

In conclusion, thanks for your interest in this guide about making a neck injury claim. For any further guidance on neck injury compensation, get in touch.