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 could help with various types of nerve damage claims including accident at work claims, criminal injury claims, medical negligence claims, and road traffic accident claims.
Please feel free to call today on 0800 6524 881 if you’d like to discuss your nerve damage compensation claim with us right away. Alternatively, to find out more about your eligibility to claim, please continue reading.
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When you approach a solicitor to take on a nerve damage claim, they’ll need to assess whether (in their opinion) your claim has the chance of being won, or not. To check this, they will 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.
Duty of care is usually established through different types of 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 in the next section. For now, we’ll explain what you can do 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 gather witness statements to try and prove what happened.
- Obtain camera footage. If your accident was captured on a dash cam 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.
- 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.
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.
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.
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.
There are many different factors that decide what compensation you could claim for nerve damage injuries. 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 claim for, we have displayed nerve damage settlement amounts below to give some idea of what might be available for a number of injuries.
- £85,470 to £151,070 compensation for severe nerve root damage to the back.
- £69,600 to £82,980 compensation for less severe nerve root damage to the back.
- £11,820 to £15,740 compensation for very serious nerve damage to the thumb.
- £9,080 to £11,820 compensation for moderate nerve damage to the thumb.
- £16,860 to £26,050 compensation for nerve damage from serious leg injuries.
- £9,990 to £21,700 compensation for nerve damage from serious nose/nasal complex fractures.
- £8,110 to £21,700 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, this will be conducted by an independent specialist which can usually be arranged close to where you live. They will meet with you to discuss what impact your injuries have had. They will also examine you and check your medical notes. After that, they’ll outline your prognosis in a medical report for all parties involved in the claim.
Before deciding whether to make a claim for nerve damage compensation, you should check that you are within the legal time limits. This is a 3-year period that starts from:
- The date of the incident which resulted in nerve damage; or
- From when your injuries were diagnosed.
The main exception to this rule is where a child is injured. When that happens, a parent or responsible adult (litigation friend) could claim on their behalf at any time prior to the child’s 18th birthday.
We can check how long is left in your case when you call for free advice on your 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.
If you are ready to proceed, call our team for free legal advice on 0800 6524 881. We’ll review your nerve damage compensation claim, explain your options, and could connect you with a personal injury solicitor from our team working on a No Win No Fee basis.