Nerve Damage Claims – How Much Compensation Could I Claim?

Damage to nerves can lead to very serious consequences. While you might initially think of injuries that result in paralysis, other injuries can cause significant pain, suffering, and impairment as well.In this guide to nerve damage compensation claims, we’ll look at what forms of negligence could lead to a claim and the level of compensation that could be awarded.

If you’re considering claiming compensation for nerve damage, we have an experienced team of personal injury solicitors and specialist advisors who provide telephone-based consultations and free legal advice. If a solicitor offers to represent you, they will work for you on a No Win No Fee basis. We

Please feel free to call today on 0800 6524 881 if you’d like to discuss your nerve damage compensation claim. Alternatively, to find out more about your eligibility to claim, please continue reading.

Am I Eligible To Claim Compensation For Nerve Damage?

To check your eligibility to claim compensation for nerve damage, a personal injury solicitor will typically ask whether:

• The defendant in the case owed you a duty of care.
• Whether their negligence led to an accident or incident.
• If you suffered nerve damage as a direct result of that negligence.

Establishing whether a duty of care existed is usually done by reviewing relevant legislation. For example, you’ll be owed a duty of care by other road users because of the Road Traffic Act 1988. We’ll cover the different types of injuries and scenarios that could lead to a nerve damage claim shortly.

Can I Claim Nerve Damage Compensation If It Was Partly My Fault?

Importantly, you may still be able to claim nerve damage compensation even if you were partly at fault. Personal injury claims in the UK operate under the principle of contributory negligence. This typically means that if both you and another party share responsibility for your nerve damage, the amount of compensation you receive can be reduced based on your level of fault.

For example, if it is found that you were 25% responsible for the accident that caused your nerve damage, your compensation could be reduced by 25%. It’s important to note that even if you contributed to the injury, you are not automatically barred from claiming. A solicitor on our team will be happy to assess the circumstances of your case and advise on the potential outcome.

Common Examples Of Nerve Damage Claims

In this section, we’ll provide a few common examples of accidents that can result in nerve damage claims. Remember, to be able to make a compensation claim for these injuries, you’ll need to show how the other party’s negligence caused the accident to happen. Some examples are:

• Where a car is hit by another road user and the occupant/s sustain whiplash and nerve damage.
• Where a nerve is damaged due to negligent surgery.
• If a dentist is negligent and causes avoidable nerve damage when extracting a tooth.
• If you damage the sciatic nerve due to a back injury at work because of a lack of manual handling training.
• Where a pedestrian is hit by a motorcyclist and suffers nerve damage in their legs or feet due to the impact.
• If a patient experiences nerve compression following a delayed diagnosis of a herniated disc.
• Where a cyclist hit a pothole on a poorly maintained road, causing nerve damage in the shoulder due to the impact.

Symptoms Of Nerve Damage

The symptoms of a nerve injury include:

• Stabbing, burning or shooting pain in the area where the nerve has been damaged.
• Tingling and numbness in the hands or feet.
• Weakness of the muscles (particularly in the feet).
• Loss of coordination and balance.

For your information, the nervous system consists of :

• The central nervous system. This includes the spinal cord and brain. It is responsible for most bodily functions.
• The peripheral nervous system. This part of the nervous system is involved with muscle control, blood pressure and sensations like pain and touch. These nerves are found across the whole body.

If you have been injured and sustained nerve damage, call us today to see if there are sufficient grounds to begin a compensation claim.

How Much Compensation Will I Get For Nerve Damage?

Several factors determine how much compensation for nerve damage should be awarded. However, in general terms, compensation is put into two categories:

• General Damages. Pain, suffering and loss of amenity are covered by this category. Loss of amenity covers things that you can no longer do because of your injuries. For example, if you used to enjoy playing a musical instrument, but can no longer do so because of nerve damage, this could be factored into your claim.
• Special Damages. In this part of your claim, you’ll ask to be compensated for any costs or expenses you’ve lost or paid out due to the injury. Examples include where nerve damage has led to lost income, medical costs, or care costs.

To learn more about what could be included in your claim, you can visit the page here on general and special damages.

While it’s not possible to tell you exactly how much compensation for nerve damage you could get, we have displayed nerve damage settlement amounts below to give some idea of what might be available for a number of injuries.

Nerve Damage Settlement Amounts

• £111,150 to £196,450 compensation for severe nerve root damage to the back.
• £90,510 to £107,910 compensation for less severe nerve root damage to the back.
• £15,370 to £20,460 compensation for very serious nerve damage to the thumb.
• £11,800 to £15,370 compensation for moderate nerve damage to the thumb.
• £21,920 to £33,880 compensation for nerve damage from serious leg injuries.
• £12,990 to £28,220 compensation for nerve damage from serious nose/nasal complex fractures.
• £2,690 to £28,220 compensation for nerve damage due to carpal tunnel syndrome.

The data used is based on the general damages compensation guidelines provided by Judicial College as our solicitors and other legal professionals can refer to these when calculating settlement amounts. It’s important to note that the general damages element of your claim could include any psychological suffering that your injuries have caused as well.

To prove how seriously you’ve been injured and affected, you might be required to attend a medical assessment. If so, the assessment will be conducted by an independent specialist, ideally close to where you live. They will meet with you to discuss what impact your injuries have had. They will also conduct an examination and review your medical notes. Following this, they’ll provide a medical report outlining your prognosis for all parties involved in the claim.

Evidence To Support A Nerve Damage Compensation Claim

In this section, we’ll explain what you can do to get evidence to help prove what happened and how you were injured. Following any type of accident, you could do the following which can help strengthen your chances of receiving compensation:

• Report the accident/incident. By doing so, you’ll be able to use the accident report form that all businesses and employers must log if they’re made aware of an incident. This will go some way to proving the date, time, and location of your accident causing your nerve damage.
• Photograph the scene. This can be a great way to help you recall what happened. Whenever possible, you should try to capture the scene before anything is removed if it is safe to do so.
• Get medical treatment. Rather than relying on first aid, injuries should be assessed and treated by a medical specialist. Your medical notes could then be used to prove the extent of your nerve damage and any other injuries.
• Ask witnesses for their details. If the defendant denies liability for your injuries (or the accident), your solicitor could ask witnesses for a statement to help prove what happened.
• Obtain camera footage. If your accident was captured on a dashcam or by CCTV, request a copy. You are legally allowed to and it could be a great piece of evidence to back up your nerve damage compensation claim.
• Records of lost earnings. Keep hold of recent payslips, bank statements, and a letter from your employer confirming your time off work due to the injury.
• Keep receipts. If you incur any costs related to your injuries, keep hold of any documentation like receipts. That’s because they could be added to the value of your claim.
• Diary or pain journal. Keeping a detailed diary of your symptoms, pain levels, and how the injury has affected your daily life can be valuable in showing the ongoing impact of the nerve damage.

Carrying out any or all of these steps could make proving what happened much easier. If you would like us to review the evidence you’ve gathered so far, please call our team today.

Time Limits For Claiming Nerve Damage Compensation

Before deciding whether to claim compensation for nerve injuries, you should check that you are within the time limits. This is usually a 3-year period starting from the date of the incident which resulted in nerve damage, or potentially from a later date if you did not immediately know that your nerve damage was related to the accident or negligence.

The main exception to this rule is when a child is hurt. When that happens, a parent or responsible adult (litigation friend) could claim on their behalf at any time prior to the child’s 18^th birthday.

We can check how long is left in your case when you call for free advice on your claim.

How Long Does A Nerve Damage Claim Take?

The time it takes to settle a nerve damage compensation claim can vary depending on several factors. Straightforward cases, where liability is accepted and the extent of the nerve injury is clear, could be resolved in a matter of months. However, more complex claims, especially those where the defendant disputes liability or involves multiple injuries, may take longer, potentially over a year or more.

Other factors can include the ease of gathering medical evidence, negotiating with insurers, and whether the case needs to go to court. Working with an experienced personal injury solicitor on our team can help expedite the process by ensuring all evidence is gathered promptly and that the claim is handled efficiently.

Do I Need A Solicitor To File A Nerve Damage Claim?

If you proceed with legal action against somebody because you’ve suffered nerve damage, your claim is likely to be contested by an insurance company. As you can imagine, they will not pay compensation if there isn’t sufficient evidence to prove how their client was responsible for your injuries.

We believe you will find it easier to win a personal injury claim if you let one of our specialist solicitors deal with the insurer on your behalf. If they do, they will gather the evidence to support your case, shield you from questions from the insurer, and of course, keep you updated throughout the case. This should also make the claims process a lot less stressful.

Where the insurer raises doubts or objections about how your nerve damage was sustained, your solicitor will use their legal expertise and additional evidence to try and counter them. Should a nerve damage settlement offer be received, it will be discussed with you and you’ll be advised on whether it’s fair or not. In all cases, our solicitors will try to achieve the maximum level of compensation possible.

Starting The Nerve Damage Claims Process

If you are ready to begin your claim, please contact our team for free legal advice on 0800 6524 881.

We’ll assess your case, explain your options, and, if appropriate, connect you with a personal injury solicitor. If your case is viable, they’ll help you pursue your nerve damage compensation claim on a No Win No Fee basis.