How To Make A Car Accident Neck Injury Claim
This guide will review the process of making a claim for a neck injury in a car accident. This may be a neck injury or whiplash, and we will examine the eligibility criteria that must be met in order to have a valid personal injury claim.
A car accident neck injury claim falls under personal injury claims; therefore, in order to have a claim, there must be third-party negligence.
The guide will begin looking at the claims process and then provide examples of different types of neck injuries that could be claimed for. We will then go on to look at the types of evidence you could collect to support your car accident claim.
In addition, we will supply a compensation section that will feature a table of potential figures for compensation awards relating to neck injuries.
We will also look at the introduction of the Whiplash Reform Programme and the Whiplash Injury Regulations 2021 and what this means for any car accident claims involving whiplash on and after the 31st of May 2021.
If you want to contact us regarding a car accident neck injury claim, you can use the details below and talk to one of our advisors for free. If they think you have a claim, they might connect you with a solicitor from our panel. Contact details:
Select A Section
- How To Make A Car Accident Neck Injury Claim
- Types Of Neck Injuries Caused By Car Accidents
- What Evidence Do I Need For A Neck Injury Claim?
- Examples Of Car Accident Neck Injury Claim payouts
- Start A No Win No Fee Car Accident Neck Injury Claim
- Find Out More About Car Accident Claims
In order to meet the eligibility criteria to claim, your injuries need to be caused by third-party negligence.
In summary, negligence is the breach of a duty of care owed to you that causes you harm. A road user’s duty of care is outlined under The Road Traffic Act 1988, which states that every road user should take reasonable care to ensure the safety of themselves and others. They could do this by following the Highway Code, an index of the guidelines and rules for using the road safely.
As such, the eligibility criteria goes as follows:
- Firstly, you must show that you were owed a duty of care.
- Secondly, there was a breach of duty.
- Thirdly, this breach was the cause of your injuries.
The Whiplash Reform Programme
To reiterate, the Whiplash Reform Programme will affect low-value personal injury claims arising from road traffic accidents on or after the 31st of May 2021. Here are some of the changes:
- If you are an adult passenger or driver of a vehicle and your injuries are worth £5,000 or less, you will make your claim using a different method.
- There is a fixed tariff of compensation for whiplash injuries lasting up to 2 years.
- You are now unable to settle personal injury claims after a road accident without medical evidence.
For pedestrians, cyclists and motorbike users, these changes do not affect you. To find out which avenue you make your car accident claim through, call our advisors today for free advice.
Road traffic accidents, such as a head on car accident, can cause a variety of injuries; here is a list that relates to neck injuries that could be caused by a car accident:
- Broken neck.
- Fractured cervical spine.
- Cuts, lacerations and similar wounds.
- Soft tissue injuries
In order to strengthen a claim, you should try to provide sufficient evidence to support your claim. Evidence will be an important factor in proving your car accident was caused by negligence. For this reason, we have provided some examples of evidence:
- CCTV footage or dashcam footage of the accident.
- A diary of your recovery – recording your symptoms and treatment can give an account of your physical and psychological injuries.
- Medical records – to show the extent of your injury.
- Contact details of eyewitnesses – Witnesses can make a statement at a later date recounting the events.
- Police report – if you have had to report your car accident to the police.
Consequently, one of the services a solicitor from our panel provides is helping claimants collect evidence for their car accident neck injury claim. Whilst it is not necessary, seeking legal support is advisable.
Following a successful car accident claim, you can receive compensation from two potential heads of claim. General damages is the primary head of claim that accounts for the direct pain and suffering caused by your injury.
To give you an idea of compensation figures, we have provided a table of compensation brackets taken from the Judicial College Guidelines (JCG), a tool professionals use to help them value a claim.
Injury Value Notes
Paraplegia £219,070 to £284,260 Level of award will consider: extent of pain, independence, depression, life expectancy and age, sexual function.
(i) Severe Neck Injuries In the region of £148,330 Incomplete paraplegia, or permanent spastic quadriparesis.
(ii) Severe Neck Injuries £65,740 to £130,930 Serious fractures or damage to discs in cervical spine giving rise to slightly less serious disabilities than (i).
(iii) Severe Neck Injuries £45,470 to £55,990 Fractures or dislocations or severe damage to soft tissues that lead to significant disability.
(i) Moderate Neck Injuries £24,990 to £38,490 Injuries leaving impaired function or vulnerability to further trauma. May necessitate spinal fusion.
(iii) Moderate Neck Injuries £7,890 to £13,740 Injuries that accelerate a pre-existing condition, usually by less than 5 years.
Whiplash and a minor psychological injury 2(1)(b) £4,345 Injuries with symptoms for more than 18 months but less than 24.
Whiplash 2(1)(a) £4,215 Injuries with symptoms for more than 18 months but less than 24.
Please note that these figures are guidelines; they are not guaranteed, as each claim is different. The last 2 entries of the table are the set amount tariffs taken from the Whiplash Injury Regulations 2021. If you want a claim valued, you can call us using the number at the top of your page. An advisor will speak to you, and they may connect you with a solicitor from our panel.
The other head of claim is special damages. Special damages aim to recoup any past or future financial losses due to your injury. Some examples of special damages include:
- Loss of income.
- Future loss of income.
- Travel expenses.
- Medication/medical costs.
Additionally, these will require evidence. Evidence could include:
- Travel tickets.
For a more personalised estimate for your car accident neck injury claim, call our advisors today.
Following a neck injury from a car accident, a personal injury claim may be possible. Having a legal representative can take the hassle out of claiming, it can also allow you to get on with your recovery while the solicitor processes the claim on your behalf. Here we will explain some benefits of claiming with a No Win No Fee solicitor.
These solicitors work under No Win No Fee agreements, such as a Conditional Fee Agreement, which enables a claimant to instruct a solicitor without the need for any upfront payment.
Furthermore, whilst the claim is in process, you will not be charged any ongoing fees for your solicitor’s services.
Typically, you will pay a success fee only if your personal injury claim succeeds.
The success fee is a percentage of your compensation, usually agreed upon before the start of the claim. In addition, it is legally capped by The Conditional Fee Agreements Order 2013, which means your solicitor cannot overcharge you.
Get In Touch
If you would like to get in touch regarding a car accident neck injury claim, contact us using the details provided below. One of our advisors will be happy to help and may be able to judge whether you have a claim. In this case, they could connect you with a solicitor from our panel.
Finally, we will collate a list of resources that may relate to scenarios where you have been involved in a car accident, and a neck injury claim is something you are interested in.
Here are some more of our guides:
- A guide to what to do if you were injured in a car accident.
- Learn how to prove you are not at fault in a car accident.
- How to make a passenger in a car accident claim.
- Find out how to claim for a fatal car accident.
- A guide about car accidents with a foreign vehicle.
- Learn who you make a car accident at work claim against.
These external resources could offer some useful knowledge:
- GOV.UK – Find out how to request CCTV footage of yourself.
- NHS – Learn how to get your medical records.
- CPS – Driving offences.
For more answers to questions about your car accident neck injury claim, call our team today for free advice.