neck injury claims payouts

Neck Injury Claims Payout Amounts For Soft Tissue And Cervical Spine Injury

Find out what the most common types of neck injury claims are, with examples of how much compensation you can claim for minor to severe neck injuries – including whiplash, cracked vertebrae, tendon injury, disc damage and paralysis.

Payout Tables For Neck Injury Claims Settling In 2024

Our payouts tables set out compensation amounts for minor, moderate and severe neck injury claims. Our last table looks at the most extreme neck injuries causing paralysis.

Minor Neck Injury Claim Payouts Table

Minor Neck InjuryClaim Payout
Symptoms up to 3 monthsUp to £2,500
Symptoms 3 – 12 months£2,500 – £4,400
Symptoms 1 – 2 years£4,400 – £8,000

Moderate Neck Injury Compensation Amounts Table

Moderate Neck InjuryClaim Payout
Pre-existing condition worsened£8,000 – £13,800
Slight disc damage£13,800 – £25,000
Spinal fusion£25,000 – £38,500

Severe Neck Injury Average Claim Payouts Table

Severe Neck Injury ClaimPayout Amounts
Significant permanent disability£45,000 – £56,000
Severe fractures / disc damage£66,000 – £131,000
Temporary paralysis£148,000

Paralysis Compensation Payouts Table

Complete ParalysisClaim Payout
Lower body£219,000 – £284,000
Upper and lower body£325,000 – £404,000

What factors help determine your neck injury compensation payout?

The amount of compensation for pain and suffering (general damages) your solicitor will attempt to recover for your neck injury claim depends on several factors, including:

Part of neck that you injure

Severity of your injury

The part of your neck that is injured will have a significant effect on your payout amount. For example – in your accident was the vertebrae, discs, tendons, ligaments or muscles of your neck injured.

Soft tissue injury (for example – muscle injury) would likely attract lees injury than bony injury (such as vertebrae injury). However, this is not always the case as some typed of ligament or tendon injury can be long lasting and more painful then a simple bony fracture that heals quickly.

Duration of symptoms

The longer your symptoms last, or are projected to last, the larger your likely compensation payout. This is an extremely important factor as it goes to how much pain you experience.

How does your solicitor determine the duration?

The duration of your symptoms is largely down to the independent medical expert instructed by your solicitor as part of your claim.

In a medico-legal report – the medical expert will confirm the duration of your symptoms if you have recovered. Alternatively, a prognosis or a best guess will be given by the expert as to your likely recovery period.

The Claim Depends On The Expert Opinion More Than Your Evidence Of Pain
The court will rely on what the expert says as compared to your own evidence as to your pain.
You are considered a witness as to your symptoms. For the purpose of your claim – it is the medical experts opinion that is critical.

Whether you have pre-existing or degenerative neck problems

You may already experience neck pain prior to the accident. In which case you will be considered to have a pre-existing issue.

Alternatively, you may have no previous neck pain, but on examination of an MRI scan by the doctors finds a pre-existing degenerative change to your spine.

Here – the medical expert will decide whether your neck injury claim is:

A new unrelated neck injury

The medical expert may be of the opinion that your neck injury is an entirely new problem unrelated to pre-existing problems or degenerative changes. In which case – all of your symptoms and the entire recovery period (or disability) will be attributed to your accident.

An exacerbation of a pre-existing condition

The medical expert may decide that your neck injury is an exacerbation of a pre-existing condition. In other words, it is the same issue that pre-existed, but has been made worse.

In this example – your can only claim for the part of the injury caused by the accident.

An acceleration of a pre-existing degenerative

The medical expert may decide you have an acceleration of a pre-existing condition. Therefore – the experts believes that only a certain time period can be associated to your accident. Any symptoms beyond that date would have happened in any event.

Unfortunately – when a medical expert spots a degenerative change in the spine an acceleration will often be their opinion. Your may have symptoms for teh rest of your life, but they may limit your claim to a period of 6 months or years or so following your accident.

This is a very difficult prognosis to accept by many Claimants. Unfortunately, Claimant and solicitor alike are often stuck with this opinion and your claim will be seriously limited in extent.

Effect on bodily function and mobility

Neck injuries that affect bodily function and mobility are considerd more serious types of injury and will attract larger neck injury compensation payouts.

Psychological reaction

People react differently to physical injury and to accident events. You mat suffer from PTSD as a result of your accident or, if your neck injury is serious, you may be depressed by teh curtailing of your activities.

Temporary or permanent disability

Your neck injury may cause a disability, which can be temporary or permanent. Permanent disability will lead to much large compensation payouts.

For example – consider neck injury causing paralysis, which is clearly a significant disability.

Common types of neck injury claim

Your neck includes the top of your spine (known as your cervical spine) extending from your head to your back and includes all the surrounding muscles, tendons and ligaments.

When your neck is injured in an accident or as a result of medical negligence – you should be entitled to claim compensation from the person considered “legally responsible” for your accident – such claims are known as “neck injury claims”.

The most common types of accident which give rise to neck injuries include:

Car accident whiplash

The human head is a heavy part of the body. If you are involved in a car accident collision whilst wearing a seatbelt (as a driver or a passenger) – your head can be thrown forwards and backwards in a violent manner. Thereafter, causing injury to the neck muscles (other soft tissue) and sometimes the cervical spine itself.

See our car accident compensation article for a detailed description of all the types of compensation you can claim in a road traffic neck injury claim.

Law Change On 31 May 2021 For Whiplash Lasting Up To 24 Months
On 31 May 2021 – the amount of compensation you can claim for whiplash injuries in certain types of road accident became subject to fixed compensation payout tariff compensation,
See our article road accident whiplash payouts from 31 May 2021 to see how much compensation you are now able to recover.
However – if you suffer a whiplash injury in an accident not involving a motor vehicle, such as a work accident or trip and fall, the new whiplash tariff does not apply.
The amounts you can claim are as set out in this article.

Lifting accidents at work

Back injuries and neck pain are common when employees are required to complete heavy lifting in the workplace.

See our accident at work article to see the work injury claims process from start to finish.

Motorcycle RTA

Unlike a car accident, which will typically cause a whiplash type injury, a motor bike RTA can cause significant injuries to the neck and cervical spine. Sever motorbike accidents all too often cause a broken neck and sometimes paralysis.

Motorcycle Accidents Not Subject To Whiplash Tariff
Thankfully, motorcycle accident neck injuries are not affected by the law change on 31 May 2021 (as we described earlier).

Slip and trip neck injury

Gravity can be a tremendous foe. Falls leading to impacts of your head on the floor, or other objects, can cause not only head injury, but also neck damage.

Slips and trips can occur on the pavements, in shops and at work. As long as someone, a business or the council is legally at fault for your accident – you may be able to make a neck injury claim.

work accident neck injury claims
Work Accident Neck Injury Claims

Examples of compensation amounts for neck injury claims

Be aware – our neck injury payouts guide can include whiplash type injuries, but not whiplash in certain types of road accident that occur on or after 31 May 2021.

In 2024 you could expect the following amounts of compensation for neck injury claims:

Minor Neck Injury With Symptoms Lasting No More Than 3 months

If your neck injury (including whiplash) gives you symptoms lasting up to three months – your average claim payout will be calculated as up to £2,500.

Neck Injury And Whiplash Lasting From 3 months To A Year

If you suffer pain in your neck with symptoms lasting from a few months to one year – your compensation payout will likely be between £2,500 – £4,400.

Neck Injury For 1 – 2 years

Neck injuries, including whiplash, with neck pain lasting between 1 to 2 years can lead to average neck injury claim payouts ranging between £4,400 – £8,000.

Pre-Existing Condition Acceleration or Exacerbation Up To 5 years

Prior to your accident – you may have already had some form of a neck condition or degeneration in the cervical spine. Your accident might cause a new neck injury; an acceleration of an existing problem (earlier onset of symptoms than would have occurred “but for the accident”) or an exacerbation (worsening of a current neck condition).

Should you experience symptoms you would not have had for a period of up to 5 years – your likely neck injury claim payout would be calculated between £8,000 – £13,800.

Neck Injury With A Degree Of Disc Damage

If you suffer trauma and damage to your discs in your cervical spine resulting in conditions, such as spondylosis (a kind of arthritis of the spine) or restricted movement of your neck. You could expect a compensation settlement for your neck injury of between £13,800 – £25,000.

Fractures Or Dislocations Requiring A Spinal Fusion

Fractures and dislocations to the cervical spine can cause severe symptoms and result in the need to have the spine fused, which can in turn leave limitations in function of the spine. These type of neck injuries would lead to neck injury claims payouts of between £25,000 – £38,500.

Fractures Or Tendon Damage Causing Significant Permanent Disability

Ruptured tendons, fractures or dislocations causing significant permanent disability may lead to an average claim payout of between £45,000 – £56,000.

Severe Fractures Or Severe Disc Damage

Severe fractures or disc damage that give rise to significant disability and restriction of movement. There may be loss of function in one of your limbs. However, the injuries are not quite as bad as paralysis. Your neck claim settlement would be calculated between £66,000 and £131,000.

Incomplete Paraplegia

Neck injuries causing temporary paralysis of the lower body with little or no movement in your neck on a permanent basis – may lead to an average neck injury claim payout of around £148,000.

Complete paralysis of the lower body

The amount of compensation you can claim for complete paraplegia will depend on your levels of pain, sexual function and psychological reaction. Generally speaking your payout will be worth between £219,000 – £284,000.

Paralysis In Upper And Lower Body

Paralysis for all four limbs is known as tetraplegia / quadriplegia. Sometimes this type of paralysis will be associated with no pain and other occasions there can be symptoms of pain.

For this most tragic type of neck injury claim – can expect to recover compensation payouts for pain and suffering (general damages) within a settlement range of £325,000 – £404,000.

Summary

In this article you have seen the most common types of accident that can cause injury to your cervical spine. We have explained that factors that affect your payout calculation and provided calculated examples of how much your compensation payout might be for different degrees of severity of neck injury claims.

See our personal injury compensation solicitors online / telephone free help to select from our legal help options. You can – speak direct to our specialist solicitors, ask an online question or have your potential neck injury claim assessed.