Neck Injury Compensation Claims
Suffered from a neck injury because of a car accident or in a workplace accident? You may be entitled to claim compensation. Read our guide to find out if you're eligible to make a back injury compensation claim and how to take the first steps.
Common Causes of Neck Injuries
Neck injuries are relatively common and range in severity and type. Most commonly you can suffer a neck injury as a result of a motor vehicle accident, as a pedestrian or cyclist, a workplace accident, in a public place, as a result of sporting or water-related incidents, or through the negligence of a medical practitioner.
Your neck is perhaps one of the most important and vulnerable parts of your anatomy. It supports the weight of your head and the crucial nerves that carry sensory and motor information from your brain down to the rest of your body. It also contains vital structures such as the C1-C7 vertebrae, the spinal cord, as well as the jugular and carotid arteries.
As a result, a neck injury can often be serious and life-changing, requiring expert medical care and ongoing rehabilitation.
Neck Injury Compensation Claim Types
Depending on the circumstances surrounding your neck injury, you may be able to lodge a claim for compensation for personal injuries and be compensated for the medical expenses you have incurred and the income you have lost as a result of your injury.
If your neck injury occurred at work, or as a result of your work, this may result in a claim for workers' compensation.
If your neck injury claim is a result of a car accident, you may be entitled to claim compensation by lodging a claim with the Compulsory Third Party (CTP) insurer of the at-fault driver
Talk with an experienced motor vehicle accident lawyer for more information.
Neck Injury Due to a Workplace Incident
Neck injuries are among the most common kinds of injuries that happen at work. They can occur either through a sudden accident, lack of safe workplace practices or as a result of repetitive movements over a period of time.
For example, office workers who spend a lot of time leaning over a desk can develop a neck injury, as can a warehouse worker who has to repeatedly lift heavy items. Some industries also require employees to make the same repetitive motion over and over which can lead to long term injuries and discomfort.
Neck injuries can be one of the most debilitating and chronic types of work injuries due to the chronic pain they can cause, and the long periods of recovery involved. Common workplace neck injuries may include whiplash, pinched nerves, fractures, as well as herniated or bulging disks as a result of heavy lifting.
Making a neck injury claim through the appropriate workers compensation scheme should not affect your employment. Speak to a solicitor to have a full understanding of the impact of making a claim.
Neck Injury Due to a Motor Vehicle Accident
Motor vehicle accidents account for many neck injuries, with trauma ranging from relatively mild to very serious in cases, where the spinal cord is permanently damaged. Motor vehicle accidents include car accidents, incidents involving motorbikes, cyclists and pedestrians who are struck by vehicles.
Tearing, sprains and strains to the ligaments, muscles and tendons of the neck are described as soft tissue injuries. Whiplash is one of the most common forms of soft tissue neck injury and can range in severity—from relatively mild with an expected recovery of a few months to a more severe whiplash injury resulting in permanent disability, including paralysis.
What Evidence is Required to Make a Neck Injury Claim?
When making a claim for compensation following an injury, you’ll need to prove your neck injury is a direct result of the accident you have been involved in, whether it was a motor vehicle accident, a work-related incident, or some other type of incident was the primary cause of your injury. You will also need to show how your injury affects your quality of life, your ability to work as normal and provide for yourself or your family financially.
If you have injured your neck after being involved in a motor vehicle accident, a workplace accident or in a public place it is important to seek medical attention. Be sure to inform your doctor how you sustained your neck injury and what symptoms you are having.
When making a claim for compensation, medical evidence is highly regarded and essential to assisting with the compensation process and can determine how much compensation you are entitled to.
This is because important evidence you may need to provide will include medical reports, test results, X-rays and other diagnostic images. Receipts for all your medical expenses, as well as financial records that prove time off work and lost income, are also important.
If your neck injury occurred as a result of a car accident, providing photos of the crash site, as well as the damage to your car, motorbike or bicycle may be useful.
How Much Does it Cost to Lodge a Neck Injury Compensation Claim?
As with pursuing any legal action, there are costs involved in bringing a personal injury claim for a neck injury. It is important to understand that there will be professional fees to cover work carried out by your solicitor in investigating your claim, providing legal advice and representing you.
We offer a ‘No Win. No Fee. No Catch’® promise, which means there are no upfront costs and you will never be left out of pocket. In the unlikely event that your case goes to court, and you are unsuccessful, we'll cover the costs - so you won't pay a cent to us or anyone else.
Legal fees are calculated on the amount of work done and will be explained to you in full before your claim for compensation is started and before you sign any kind of agreement.
However, it is important to keep in mind that in Queensland, the charging of professional legal fees in speculative personal injuries matters is regulated and there is a 50/50 rule which caps the fees a law practice can charge in these matters.
This rule states that law is practice is entitled to charge a client no more than half the amount to which they’re entitled to under a judgement or settlement, after deducting certain expenses a client is required to pay, including disbursements.
Disbursements are the costs incurred by a legal firm in pursuing your claim. These include report fees, investigations, court filing fees and barristers fees if your case ends up going to court.
How Do you Know When Neck Pain is Serious?
Sometimes neck injuries are not immediately obvious and it may take some time before symptoms appear.
It is important to note that you should seek medical advice immediately, if you feel any of the following symptoms:
- Severe pain that persists for several days without relief
- Decreased ability to move your head accompanied by headache, numbness, weakness or tingling
- Muscle tightness and spasms that spread down your arms or legs
After seeking medical advice, understanding your legal rights and options to claim compensation is your next step in the compensation claims process.
Is There a Time Limit for Making a Neck Injury Compensation Claim?
In Queensland, there are strict time limits for making claims for compensation for personal injuries.
Generally, you have three years from the time the injury occurred for most compensation claims unless you were under 18 when the injury occurred.
There are some exceptions to this, which may apply and we recommend you speak to an experienced compensation lawyer who understands these time limits so you don't have to second guess yourself.
Seeking legal advice as soon as you can may determine how much compensation you receive with minimal legal costs to yourself. We will ensure that your legal rights are protected and you have access to your full entitlements for your personal injury claim.
How Long do Neck Injury Settlements Usually Take?
We will do everything possible to make your compensation claim as smooth as possible. Every neck injury claim is different, and sometimes the timeframe for settlement will vary greatly.
The length of time it may take to settle your claim can be dependent on the complexity of your injuries. Time is also needed for your injuries to become stable to determine the likely long-term impacts of your neck injury. Our compensation lawyers want to see you receive the compensation entitlements that will assist you to getting back on your feet sooner.
It’s important to try and be patient throughout this process to allow your solicitor to fully assess and pursue your claim, making sure you receive the maximum amount of compensation you’re entitled to.
What are the Average Neck Injury compensation payouts?
As with predicting time frames for resolving any compensation claim, your solicitor is unlikely to be able to tell the exact amount of compensation you’ll receive until your injuries are have stabilised.
This is because compensation payouts are dependent on many factors, including the total out-of-pocket medical and rehabilitation costs, time off from work and your future earning capacity, along with any loss of quality of life you’ve had to endure as a direct result of your injuries. Factors such as your age, accident details, pre-accident lifestyle and the type of work you do are also relevant.
After considering these factors, we will work with you to obtain the best possible outcome for your individual circumstances. Our experienced compensation lawyers work hard to support you during the claims process and will ensure you receive the best legal advice to your particular circumstances.
Can I Represent Myself When Making a Neck Injury Compensation Claim?
Seeking legal advice isn’t required to make a personal injury claim, although it’s highly recommended to engage a firm that has highly experienced compensation lawyers.
Personal injury law can be hard to navigate on your own, there are many legal rights you may not be aware of and without experienced compensation lawyers on your side you may not be successful in your claim for compensation or may not receive the maximum compensation you may be entitled to.
Lodge A "No Win No Fee" Claim
If you suffer injuries whilst at work, and you are looking for further information in terms of making a claim. Here at Smith's Lawyers, we offer a free consultation for injured people looking to seek compensation. As mentioned before, we also have a "No Win. No Fee. No Catch." policy, which means you will never be out of pocket.
Get in touch with us today to give yourself the best opportunity to understand your rights.
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