Neck injuries are common, whether they are from car accidents, accidents in the workplace or even from slips, trips and falls. Whilst most of these injuries are caused by accidents, there are those who suffer a neck injury as a result of someone else’s negligence which can leave you feeling confused and frustrated as the injury may have otherwise been avoided.
Neck injuries are particularly serious as serious injuries can result in loss of mobility, paralysis and, in more severe cases, fatality.
If you have suffered a neck injury as a result of someone else’s negligence, you may be entitled to make a claim for compensation. Contact Wildwood Legal today to get in touch with one of our personal injury solicitors, who will be able to determine your eligibility and explain the legal claims process clearly.
Common causes of neck injuries
There are many reasons why neck injuries occur; some of the main types of neck injury accidents we deal with that lead to compensation claims include:
· Road traffic accidents – Road traffic accidents can happen due to reckless driving from another driver or poorly maintained roads. Whiplash injuries are typically common in these accidents due to the force of the accident and can lead to whiplash injury claims.
· Medical negligence – Misdiagnosis of neck injuries and medical negligence from medical professionals whilst undergoing neck surgery are both reasons for neck injury claims. A medical negligence claim may be brought if you suffered a neck injury due to medical malpractice.
· Slips, trips and falls – Neck injuries can be sustained from even the smallest slips or falls. These accidents can occur almost anywhere and be caused by a variety of issues such as poorly maintained pavement by the council or wet surfaces in a shop.
If you have suffered an injury to the neck, as a result of one of these reasons as well as a variety of others, you should think about making a neck injury claim for compensation.
Neck injury diagnosis
A neck injury refers to any damage to the cartilage, bones, spine, surrounding muscles or tendons around the neck area. These injuries can be classed into categories depending on the severity of the injury and the recovery time required. These categories include:
· Minor neck injury – This level of neck injury typically includes minor damage to tendons, muscles and soft tissue around the neck. Whilst the injury can be painful, it will normally heal quickly and should only take a small amount of time to recover.
· Moderate neck injury – Prolapsed discs, long-term neck pain and reduced mobility often fall into this category. The time needed to recover from these types of injuries can be in excess of two years.
· Severe neck injury – Quadriplegia, paraplegia, broken necks and other forms of paralysis fall into this category and usually lead to the highest levels of compensation due to the life-changing effect they can have on you.
If you have suffered a neck injury, it is essential that you receive medical attention from a GP or Doctor as they will be able to determine which of the categories above your injuries fall into. They will also be able to offer you suitable treatment or medicine to aid with your injuries if possible.
What can be recovered in neck injury claims?
There are a variety of losses that can be recovered in a neck injury compensation claim following an accident that was not your fault. Below are just a few examples:
Loss of income – If you were required to take time off work due to your injuries, you should be able to recover your loss of earnings for the full period of time you were unable to work.
Pain and suffering – The law considers the fact that there is a certain amount of trauma and pain that can be associated with accidents. Therefore, it has made a provision for injured persons to obtain compensation for the same.
Loss of amenity – You may be able to claim an amount of compensation for your loss of amenity. This refers to instances when your injuries have prevented you from participating in activities that you had previously taken part in and enjoyed.
A loss of enjoyment can directly affect your life and can lead to long term effects such as mental health issues like frustration and depression. There is a provision in the law that covers any loss of amenity resulting from an accident.
Other financial losses – Other financial losses which were directly caused by the accident, such as medical care and treatment costs and travel costs, can also be recovered as part of a personal injury claim.
There is no maximum amount that you can be awarded for a neck injury claim. The amount of financial compensation you receive will be based on the severity of the ongoing disability and losses due to negligence. A negligence claim is considered on a case-by-case basis as each claim has a unique set of circumstances.
In certain cases, it can be difficult for the sufferer of a neck injury to pursue a claim for compensation themselves. Therefore, a litigation friend (often a close family member) will be able to pursue to them on their behalf.
How is neck injury compensation calculated?
Compensation awards for all personal injury compensation claims are split into general damages and special damages.
General Damages – This refers to the amount of compensation you receive for your pain, suffering and loss of amenity.
To calculate this amount, we look at previous cases which are similar to yours, together with guidelines that are issued to Judges who decide the outcome of such claims if they go to Court. Your case will be valued on the basis of your injuries as described by suitably qualified medical professionals.
Special Damages – These are any direct financial losses that you may have suffered as a result of your injuries. Typically, these may include loss of earnings up to the settlement, loss of earnings in the future, medical costs, travel costs or the costs of care provided to you.
It is difficult to estimate the amount of compensation you will receive for your injuries without knowing the full extent of your injuries. There are, however, compensation calculators online that can be used to estimate how much you may be able to receive from your claim.
Time limits for making neck injury compensation claims
The general rule on time limits for making a neck injury claim is that you have three years from the date of the injury to have either settled your claim or started court proceedings once the accident has happened.
The three-year deadline begins on the date that the accident occurred or from the date on which you realised that your injuries were associated with your accident due to negligence.
If you suffered a serious injury as a child, the time starts from their 18th birthday, and you will have until your 21st birthday to complete your claim for compensation.
How can Wildwood Legal assist with neck injury compensation claims?
At Wildwood Legal, we know that the consequences of negligence can be devastating. If you have suffered from this, you need to seek legal advice – That’s where we come in.
We see all too often the significant effect that a serious injury can have on people’s lives. We can help on the financial side to get you on the road to recovery and help you start your claim to maximise the amount of compensation you receive. Our core strength is in personal injury claims.
We are experienced in helping you with any negligence claims that you may want to make. We aim to give you not only quality aid but flexibility and clarity as we know that these qualities are just as important.
Our law firm is authorised and regulated by the Solicitors Regulation Authority; therefore, we provide everything that is needed to meet their high standards meaning that we are a trusted law firm. We offer services to individuals located in England and Wales.
We value the opinion of our clients, and we will always listen to you and take on board what you say. To make an enquiry, get in contact with us either email us firstname.lastname@example.org or call us 01423 209 046. We have registered offices in Harrogate and London.
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