Serious Neck Injury Claim – When Could You Claim?
This guide provides information on when you could make a serious neck injury claim. We will examine who owes a duty of care in the workplace, on the road, and in public places and when you could be eligible to claim following an accident that results in a serious injury.
We have also included examples of how accidents at work, accidents in a public place, or road traffic accidents can occur, as well as the types of neck injuries that can be sustained.
Furthermore, we discuss the possible compensation payout that could be awarded following a successful claim and how settlements are calculated.
The final section of this guide contains a brief overview of the advantages of working with a No Win No Fee solicitor from our panel for your potential claim.
For more information, you can contact our team. Our advisors can address any questions you may have and provide an assessment of your case. To get in touch, you can:
- Call the team on 020 3870 4868
- Enquire about your claim online
- Use our live chat feature at the bottom of the screen
Select A Section
- Serious Neck Injury Claims Eligibility Criteria
- What Is The Time Limit To Claim For A Serious Neck Injury?
- What Information Do You Need To Prove A Serious Injury Claim?
- Settlements For A Serious Neck Injury Claim
- How To Claim On A No Win No Fee Basis
- Further Guidance On Serious Injury Claims
If you have sustained a serious neck injury following an accident in a public place, on the road or at work, you may wonder whether you could be eligible to seek personal injury compensation.
The criteria for making a serious neck injury claim are:
- A third party owed you a duty of care.
- There was a breach of this duty.
- That breach was the cause of your injuries.
Serious Neck Injury Claim For A Public Accident
Public places can include the road network, public parks and gardens, and shopping centres. The party in control of a public space owes a duty of care to take steps to ensure the reasonable safety of all visitors as set out by the Occupiers’ Liability Act 1957. A failure to do so could potentially lead to a public place accident. For example:
- You were walking up the stairs to the screen in the cinema. Another customer had spilt a drink at the top of the stairs. The cinema staff had not cleared the hazard in a reasonable time frame, and there were no wet floor signs displayed. As you reach the top of the stairs, you slip on the spillage and fall down the stairs, fracturing discs in your neck.
Serious Neck Injury Claim For A Road Traffic Accident
Road users owe one another a duty of care to do everything they reasonably can to prevent the experience of harm or damage on the road. This means they must follow the rules in the Road Traffic Act 1988 and the Highway Code. Failure to adhere to these standards can result in car accidents. For example:
- A driver misinterprets a road sign leading to them driving the wrong way down a one-way street and resulting in a head-on collision with a cyclist. The cyclist is thrown from their bike, severely injuring their neck which resulted in permanent paralysis.
Serious Neck Injury Claim For An Accident At Work
The Health and Safety at Work etc. Act 1974 establishes the duty of care owed by employers to their employees. Per the Act 1974, they must take all reasonable steps to ensure the safety of their employees. This can include but is not limited to providing relevant training, ensuring maintenance of work equipment is regularly carried out and providing the necessary personal protective equipment (PPE) to employers.
A failure to do so could lead to a serious accident at work. For example:
- You are loading a pallet onto a conveyor to be wrapped for shipping. The pallet wrapping machine has not undergone its scheduled maintenance, meaning a fault has gone unfixed. Because of this, the rotating arm releases when it was not supposed to, hitting your neck and causing a serious injury.
Please keep in mind that not all accidents and injuries at work, on the road, or in public will mean you are entitled to seek compensation. To discuss your specific case and find out whether you’re eligible to make a serious neck injury claim, please contact an advisor on the number above.
The general time limit for starting a personal injury claim is 3 years from the accident date, as per the Limitation Act 1980. Exceptions can apply in certain circumstances, and an extension may be granted. For example:
- If the injured person was under the age of 18 at the time of the accident, the time limitation period is counted from their 18th birthday.
- For an injured person of a reduced mental capacity, then the time limit is frozen indefinitely. If they regain their capacity, then the 3-year limit is counted from the date of recovery.
In both of these scenarios, another adult can apply to act as a litigation friend and pursue the claim on the injured person’s behalf.
For guidance on whether exceptions apply to your particular serious neck injury claim, you can speak to our team of advisors using the contact details at the bottom of this page.
Evidence not only illustrates how the accident and injury occurred but it can be used to demonstrate the fault of the third party. Some possible examples of evidence you can use in a serious injury claim are:
- Copies of any scans or tests that were done after you received medical attention.
- Footage of a road accident caught on a dashcam or similar device.
- CCTV footage of a public place or workplace accident.
- Photographs of your injuries, the scene of the accident or its cause.
- Any reports made in the workplace accident book.
- Documents such as travel tickets, receipts and payslips that show your financial losses.
- Contact details of potential witnesses so their statements can be taken later in the claims process.
A personal injury solicitor from our panel could assist you with collecting evidence if you’re eligible to claim. You can contact our advisors for an assessment of your case using the contact information above.
A compensation payout following the success of your serious neck injury claim can be made up of up to two heads of claim. The first of these, known as general damages, awards for the pain and suffering caused by your injuries, both physical and psychological.
The Judicial College Guidelines (JCG) is a publication containing guideline awards brackets from various injuries. This document can be used to help solicitors and other legal professionals value the general damages portion of your claim.
We have used some of these figures to create the compensation table below. It is important to note that the JCG figures are not guaranteed compensation amounts, as personal injury claims are assessed individually. Therefore, this table is intended as a guide only.
|Multiple Injuries||Serious||Compensation for several injuries of a serious nature including any monetary expenses incurred as a result.||Up to £1,000,000 and above.|
|Paralysis||Tetraplegia||Paralysis from the neck down.||£324,600 to £403,990|
|Paraplegia||Paralysis affecting the lower body.||£219,070 to £284,260|
|Brain Damage||Moderate(c)(i)||Moderate to severe intellectual deficit, personality change and effect on the senses with significant epilepsy risk.||£150,110 to £219,070|
|Neck Injuries||Severe(a)(i)||Neck Injury associated with incomplete paraplegia or permanent spastic quadriparesis or where despite wearing a collar day and night there is still little neck movement.||In the region of £148,330|
|Severe(a)(ii)||Injuries involving serious fractures or cervical spine damage giving rise to severe disabilities such as permanent brachial plexus damage.||£65,740 to £130,930|
|Special Damages||Loss of Earnings||Compensation for loss of earnings can be sought if your injuries necessitated time of work on either a temporary or permanent basis.||Up to £100,000 and above.|
The other head of claim that can make up your compensation settlement is known as special damages. This head of claim awards for any financial losses you have incurred from your injuries. Some examples of costs that could form part of your claim are listed below;
- Medical costs.
- Domestic care.
- Travel expenses.
- Home adaptation costs.
- Loss of earnings.
Remember to keep any documentation, such as receipts, payslips, and travel tickets, that show monetary losses as evidence for your claim.
You can call our team to find out more about the factors considered when calculating personal injury compensation. They may also be able to provide a free valuation of your case.
If you think you have valid grounds to make a serious neck injury claim, you should get in touch with our advisors. They can provide you with a free case assessment. If they decide it is valid, they could connect you with one of the personal injury solicitors from our panel.
The solicitor could then offer to take your claim under a Conditional Fee Agreement (CFA), a type of No Win No Fee contract. Pursuing your claim under a CFA has considerable advantages. There are generally no fees to pay upfront or fees during your claim for the solicitor’s services. There are likewise no fees to pay for the solicitor’s work if the claim is unsuccessful.
You will receive a compensation payout following a successful claim. A percentage of this compensation will be deducted as the solicitor’s success fee. This percentage is, by law, subject to a cap. What this means is in the event of a successful claim, you will keep the majority of your compensation payout.
You can reach out to our team if you would like more information on how to make a claim for a serious neck injury. To get in touch, you can:
- Call on 020 3870 4868
- Get in touch via our online “contact us” form
- Use our live chat feature at the bottom of the screen
See more of our personal injury claim guides:
- Find out more about how to prove employer liability following a workplace accident.
- Read about how to prove a car accident injury and the evidence you could gather to strengthen your case.
- Learn about starting a claim following a fatal accident and who could seek compensation on behalf of the deceased.
For more useful resources
- Information on managing risks and risk assessment at work from the Health and Safety Executive.
- A guide on requesting medical records from the NHS.
- Learn when you could request CCTV Footage of yourself with this helpful government guide.
Thank you for reading our guide on when you could make a serious neck injury claim. If you have any questions or concerns about any of the information provided or potentially starting a claim, you can contact our team using the details above.
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