Neck Injury after an accident: will you receive compensation for pain and suffering?

In a nutshell: Neck Injury after an accident

What can neck injury indicate after an accident?

Some injuries can only become noticeable after an accident is delayed. If you have neck pain in the hours and days after an incident, this may be due to whiplash. But serious injuries to the spine can also be the cause. Damaged people should contact a doctor to clarify the symptoms.

Are you entitled to compensation for pain and suffering due to neck injury?

Immaterial damage can in principle justify a claim for compensation for pain and suffering.

How much is the compensation for pain and suffering?

Depending on the extent and the underlying injury, the compensation for pain and suffering can be roughly quantified. However, there are no fixed rates, but must be considered on a case-by-case basis. You can find out which decisions the courts have made on the amount of pain and suffering for neck pain in the past few years in this table of pain and suffering.

neck injury

Whiplash after an accident?

Neck pain is a common symptom after an accident. The head moves uncontrollably in the event of an impact, so that whiplash injuries are not infrequently the result. This is often accompanied by tension, headaches and neck pain.

Those affected should then go to the doctor and have the complaints documented. But are you always entitled to compensation for pain and suffering for neck pain after an accident? What requirements must be met and how much can the compensation be if you have neck pain or whiplash?

When do you receive compensation for pain and suffering?

If compensation is to be paid because of an injury to the body, health, freedom or sexual self-determination, cheap compensation in money can also be demanded because of the damage that is not pecuniary damage.

The compensation for pain and suffering has two different goals:

Satisfaction function

Compensation function for the pain suffered

Neck Injury after a car accident? Claim compensation for pain and suffering

The amount of compensation for pain and suffering depends on various factors, including:

Discomfort in the neck and other parts of the body

Length of incapacity for work

Neck Injury after an accident first entitles you to compensation for pain and suffering. However, the fewer the actual complaints, the less likely it is that you will actually receive compensation for pain and suffering.

It is important that you see a doctor immediately if you have neck pain after an accident. To claim compensation for pain and suffering, you need evidence and documentation from a professional. You can also keep a pain diary in which you list your pain and problems.

If you decide to claim compensation for pain and suffering due to neck pain after an accident, you must contact the person who caused the accident or their insurance company. However, you should first consult a lawyer who can advise you and work with you to decide how much you can claim.

Please note that the right to compensation for pain and suffering becomes statute-barred. If you become aware of this and the person who caused the damage, the three-year period begins at the end of the calendar year.

How much compensation are you entitled to? A compensation table

a whiplash, which is manifested by neck pain after an accident, among other things, is divided into different degrees of severity, which also determine the amount of compensation for pain and suffering:

Severity 0: no injuries, minor discomfort

Severity 1: slight discomfort, neck pain, feeling of stiffness

Severity 2: Restricted movement, tingling in the arms

Severity 3: Functionality of the muscles is restricted, misalignments

Severity 4: fractures, paraplegia

If neck injury is very minor after an accident, you may not receive any compensation for pain and suffering.