In this guide, we will explore whether you could be eligible to make a serious neck injury claim. With the help of the guide, you will also learn how long you have to start your claim for personal injury compensation, the evidence you could collect to strengthen your case, and the potential settlement you could potentially be awarded should your claim succeed.
Additionally, our guide will explore the different pieces of legislation covering responsibilities for road users, employers and public space occupiers. We will explain how third parties hold a duty of care to protect others and how a breach of their duty could result in serious neck injuries.
Our solicitors have significant experience in handling serious injury compensation claims and, as you will read later on, can offer their support on No Win No Fee terms. We will discuss how they could benefit both you and your claim later in our guide.
If you would like to learn more, our advisors are free to call and can talk at a time that suits you. You can reach them by:
- Calling 0800 073 8801;
- Going online to contact us;
- Selecting the live chat pop-up at the foot of this page.
Select A Section
- Are You Eligible To Make A Serious Neck Injury Claim?
- Understanding Time Limits In Serious Injury Claims
- What Do You Need To Prove A Serious Neck Injury Claim?
- Estimated Payouts For Serious Neck Injuries
- Making A No Win No Fee Serious Neck Injury Claim
There are a set of criteria that need to be met in order for personal injury claims to be valid. As such, you must show that:
- You were owed a duty of care by a third party;
- They breached their duty;
- This breach resulted in an accident that caused your physical and/or mental harm.
The points mentioned above lay the basis of negligence in claims for a personal injury. If you have evidence that this has occurred, it may be possible for you to make a serious neck injury claim and seek compensation for the way you have been affected.
In the following sections, we explore the duty of care different third parties owe you, and the legislation they need to adhere to.
Criteria To Claim For An Accident On The Road
Road users owe a duty of care to each other. This duty is to use the roads in such a way that prevents harm or damage to others and themselves. People using the road should follow the rules set out in the Road Traffic Act 1988 and the Highway Code.
If a road user fails to uphold their duty of care, it could result in a road traffic accident in which you sustain a serious neck injury. For example, a driver may fail to stop at a give way sign resulting in them crashing into the side of another vehicle. As a result, they suffer paralysis resulting from damage to the spinal cord in the neck.
Criteria To Claim For An Accident At Work
An employer’s duty of care to their employees is set out by the Health and Safety at Work etc. Act 1974. In Section 2, it is stated that employers must take steps that are reasonable and practicable to ensure the safety of their employees. Such steps can include giving the correct training, carrying out regular risk assessments, and providing the necessary personal protective equipment.
An employer could breach this duty of care by failing to provide an employee with adequate training on using lifting equipment, causing them to sustain a severe neck injury in a construction accident.
Eligibility Criteria For Serious Public Accident Claims
The occupier of a public space must take steps to ensure the reasonable safety of visitors. This is the duty of care they owe as per the Occupiers’ Liability Act 1957.
If an occupier fails to uphold their duty of care, it could lead to you sustaining a neck injury in a public place accident. For example, an accident in a gym causing serious soft tissue damage in the neck could happen because of a failure to replace faulty equipment.
Not every accident is the fault of a third party. In these instances, it may not be possible for you to make a serious neck injury claim. In order to seek compensation, negligence must have occurred. To discuss your specific case and find out whether you’re eligible to claim, please contact an advisor on the number above.
The general time limit for starting a personal injury claim, as set out by The Limitation Act 1980, is three years from the accident date.
However, some circumstances may warrant an exception to the time limit. For example, an under-18’s time limit is paused until they turn 18. From that point, they have three years unless a suitable adult appointed by the courts – known as a litigation friend – starts a claim on their behalf during the pause.
Similarly, there is a pause on the three-year time limit for an adult who lacks the mental capacity to start legal proceedings themselves. While it is paused, a litigation friend could start a claim on their behalf. Alternatively, if they recover the mental capacity to claim, they will have three years to do so from the recovery date.
You can learn more about the limitation period and what they mean for your serious neck injury claim by calling our advisors.
Evidence can help to support a serious neck injury claim. This can include:
- CCTV or dash cam footage of the incident.
- Photographs of the accident scene, plus any visible injuries.
- Medical records showing the injuries you experienced.
- A police report given after a road traffic accident.
- A copy of your workplace accident book entry if you were injured at work.
- Witness contact information.
Our experienced solicitors can help you gather evidence, organise your case, and ensure it is presented within the relevant limitation period. To learn about the services they can offer and whether you’re eligible to have them represent your case, please call our advisors.
You could see up to two heads of loss, general and special damages, awarded in a personal injury claim settlement following a claim that succeeds. General damages compensate you for the pain and suffering caused by your injuries, both physical and mental.
In the below table, we have shown some guideline compensation figures for general damages. The figures are from the Judicial College Guidelines which solicitors can use to assist them in valuing this aspect of your claim. However, all claims differ because of the many factors involved, and this table cannot act as a guarantee of any settlement.
|Serious Injuries – More Than One
|Up to £1,000,000+
|Compensation for varying types of serious injuries with an award for monetary expenses.
|Paralysis – Quadraplegia
|£324,600 to £403,990
|Paralysis of both arms and legs.
|Paralysis – Paraplegia
|£219,070 to £284,260
|Both legs are paralysed.
|Very Severe Brain Damage
|£282,010 to £403,990
|The person requires full-time care.
|Severe Neck Injury (i)
|In the region of £148,330
|Incomplete paraplegia or a neck injury resulting in permanent spastic quadriparesis.
|Severe Neck Injury (ii)
|£65,740 to £130,930
|A serious fracture or damage to cervical spine discs. This results in disabilities of a considerable severity, such as permanent brachial plexus damage.
|Loss of Earnings
|Up to £100,000 and above
|Loss of earnings could be reimbursed under special damages if time has needed to be taken off work due to your injuries, either permanently or temporarily.
Special damages compensate for any financial losses caused by injuries. This could include:
- A loss of earnings.
- Travel costs.
- Healthcare or prescription fees.
- Home adaptation or physical aids.
Evidence, such as invoices, receipts, and payslips, could assist in proving any financial losses. As such, you may benefit from keeping documentation such as this when claiming special damages.
For further guidance on the compensation you could be awarded following a successful serious neck injury claim, call our team on the number above.
Our solicitors offer their expert services under a Conditional Fee Agreement, which is a form of No Win No Fee contract. Under this agreement, you would typically not need to pay for your solicitor’s services if your case loses, nor will you need to pay at the start of your claim, or as it proceeds.
Following the completion of a successful claim, you will pay your solicitor a success fee from your compensation. However, a legal cap is applied to the amount that can be taken as per The Conditional Fee Agreements Order 2013. Therefore, you should keep the majority of your settlement.
Talk To Our Team
If you want to discuss the possibility of making a serious neck injury claim with one of our solicitors, our advisors can give you a free consultation. If you have grounds to proceed with your claim, they could put you through to one of our solicitors.
To get in touch with an advisor, you can:
Further Guidance On Serious Injury Claims
Here are some more guides for you to look through:
- Details on sick pay you could claim after an accident at work.
- A guide on pedestrian accident claims.
- Information on claiming for fractured or broken bones.
More helpful resources:
- NHS – How to get your medical records.
- GOV.UK – Request CCTV footage of yourself.
- Health and Safety Executive – Employer responsibilities.
Thank you for reading our guide on making a serious neck injury claim. If you need any further advice or information, please contact our advisors for free at any time.
Guide by EM
Edited by MMI