If you have suffered nerve damage in an accident, this can cause you pain and affect your daily life. You may also be wondering, ‘Can I claim compensation for nerve damage?’. Within this guide, we will explain when you could be eligible to make a personal injury claim after suffering nerve damage in an accident.
Following this, we will share some examples of different accidents that could lead to you suffering nerve damage. Additionally, this guide will explain how nerve injury compensation is calculated and the different heads of loss that may form your final settlement. We end this guide by sharing the various benefits of working with a No Win No Fee solicitor from our panel.
You can talk to our advisors about your nerve damage compensation claim via the following methods:
- Calling 0113 460 1215
- Completing our online claim form
Jump To A Section
- Can I Claim Compensation For Nerve Damage?
- What Are The Main Causes Of Nerve Injuries?
- How Much Nerve Damage Compensation Could I Claim?
- What Do I Need To Make A Nerve Damage Claim?
- Can I Claim Compensation For Nerve Damage On A No Win No Fee Basis?
- Read More About Personal Injury Compensation Claims
Can I Claim Compensation For Nerve Damage?
If you have suffered nerve damage in an accident, you may be wondering, ‘Can I claim compensation for nerve damage?’. The first step you need to prove is that someone breached a duty of care they owed you. This is a legal responsibility placed on someone regarding your health and safety.
There are various scenarios where you are owed a duty of care. These include:
At Work – The Health and Safety at Work etc. Act 1974 (HASAWA) states that employers owe a duty of care to their employees. It requires reasonable and practicable steps to be taken by the employer to prevent their employees from experiencing harm as they work. Among other obligations, this includes conducting regular assessments of workplace hazards and risks.
In A Public Place—The Occupiers’ Liability Act 1957 details the duty of care for those in control of spaces open to the general public. The occupier must take steps to prevent the public from being harmed and ensure their reasonable safety while using the space for its intended purpose.
On The Roads – All road users must drive in a way that poses the least risk of harm to other road users, as is their duty of care. To do this, they must comply with laws in the Road Traffic Act 1988 and other obligations and rules in the Highway Code.
Therefore, in order to have a valid nerve injury claim, you must prove:
- A duty of care was owed to you.
- This duty was breached. For example, you were hit by a drunk driver.
- This breach caused you to suffer your injuries.
You can call our advisors today to discuss your particular case and ask any questions regarding the nerve damage claims process.
What Are The Main Causes Of Nerve Injuries?
There are various different types of accidents that could lead you to suffering a nerve injury. Some examples include:
- Accidents at work: Due to not assessing what you can safely lift and carry, your employer asks you to carry multiple loads that are too heavy for you. Due to this repetitive straining to lift and carry the loads, you suffer nerve damage in your back from this manual handling task.
- Public place accidents: Despite being aware of a faulty paving slab, the local council do not signpost this hazard or rectify the issue within a timely manner. This leads to you tripping on this hazard and suffering nerve damage in your leg as well as a broken ankle.
- Road traffic accidents: You suffer nerve damage in your neck as a passenger in a taxi due to another driver running a red light and crashing into the side of the taxi you were in.
These are just a few examples of how a breach in the duty of care might prompt a nerve injury.
What Types of Nerve Injuries Could Be Caused?
Some examples of nerve injuries you could suffer could include:
- Central nervous system (CNS) injuries include the brain and spinal cord area, which controls the entire body’s nervous system. Damage to the CNS can be caused by injuries and infections. Symptoms of CNS damage include a persistent headache, loss of feeling and double vision.
- Peripheral nervous system (PNS) damage is when the nerves in the hands, feet and arms are damaged. Common symptoms of PNS damage include numbness in the feet and hands, loss of balance and muscle weakness.
To discuss your case and ask, ‘Can I claim compensation for nerve damage?’ you can contact our advisors.
How Much Nerve Damage Compensation Could I Claim?
In addition to asking, ‘Can I claim compensation for nerve damage?’, you may also be wondering how much compensation you could receive if your case is successful.
Compensation for successful nerve injury claims can consist of two types of loss: general and special damages.
General damages compensate the person for the physical and psychological harm they suffered because of the injury. It can also take into account the length of recovery and any long-term impacts on the person’s quality of life.
The people who calculate general damages may refer to medical evidence as well as the Judicial College Guidelines (JCG). This publication offers guideline compensation brackets for a wide cross-section of injuries based on severity.
We have listed some of these entries in the table below, aside from the first entry. Remember, these figures should only be used as guidance.
Compensation Guidelines
| AREA OF INJURY | SEVERITY | COMPENSATION GUIDELINES | NOTES |
|---|---|---|---|
| Multiple Severe Injuries and Special Damages | Severe | Up to £1,000,000+ | This reflects cases of multiple severe injury and special damage awards for the financial loss, medical bills and care costs. |
| Back | (a) Severe (i) | £111,150 to £196,450 | Very severe injury to nerve root and the spinal cord causing severe pain and incomplete paralysis. |
| (a) Severe (ii) | £90,510 to £107,450 | Injuries involving nerve root damage, impaired mobility and associated loss of sensation. | |
| (b) Moderate (i) | £33,880 to £47,320 | Damage to the intervertebral disc with nerve root irritation and reduced mobility. | |
| Leg | (c) Less Serious (i) | £21,920 to £33,880 | Soft tissue injuries to both or one leg causing some nerve damage in the lower limbs. |
| Skeletal | (c) Fractures of the Nose or Nasal Complex (i) | £12,990 to £28,220 | Multiple or serious fractures causing permanent damage to the nerves and requiring operations. |
| Hand | (t) Serious Injury To The Thumb | £15,370 to £20,460 | The tip will have been amputated or there is nerve damage. |
| (u) Moderate Injuries To The Thumb | £11,800 to £15,370 | Injuries involving damage to the nerves or tendons. |
Special Damages For A Nerve Damage Compensation Claim
Special damages reimburse the person for the financial damage caused by their injuries. You must have documented evidence of this monetary harm to include it in your claim. This can be:
- Payslips that show any earnings loss from time taken off work.
- Invoices for care costs.
- Receipts for prescription fees.
- Travel tickets or bank statements for travel expenses to vital appointments.
To receive a free valuation of your potential compensation, you can contact our advisors.
What Do I Need To Make A Nerve Damage Claim?
It’s important to know how to prove a personal injury claim. Evidence is needed that shows how a breach in the duty of care led to you being harmed. With this in mind, the following can be useful:
- Any CCTV, dashcam or helmet-camera footage that caught the accident.
- Ask eyewitnesses for their contact information. A statement can be taken from them at a later date.
- A diary detailing your symptoms, state of mind and treatments.
- Copies of your medical records stating your injuries and the treatment you have received for them.
Another action you might wish to consider is seeking legal help. The solicitors on our panel have lots of experience working on various personal injury claims. To see if you could work with one of them today, you can contact our advisors.
Can I Claim Compensation For Nerve Damage On A No Win No Fee Basis?
Having a solicitor work with you on your case could help make the claiming process easier. The solicitors on our panel have years of experience working on personal injury claims, and they could help you with gathering evidence and negotiating the maximum compensation settlement for you.
In addition to this, they offer their services through a particular No Win No Fee arrangement referred to as a Conditional Fee Agreement (CFA). This offers a host of advantages to the claimant:
- No requirement to pay upfront solicitors fees for them to start working on your claim.
- No need to pay any service fees as the claim moves forward.
- Nothing is owed for completed solicitor’s services if the claim fails.
- A success fee is owed you your solicitor if your claim succeeds. This is deducted as a legally capped percentage from the compensation. The legal limit guarantees that the majority of the compensation goes directly to you.
To ask any questions such as, ‘Can I claim compensation for nerve damage with a No Win No Fee solicitor on your panel?’, you can contact our advisors today:
- Call 0113 460 1215 to speak to an advisor.
- Complete our online claim form
Read More About Personal Injury Compensation Claims
Additional personal injury claims guides written by us:
- This guide looks at what you need to do after an accident at work.
- Here is information on public liability claims lawyers who could help after an injury in a public place.
- Also, here is everything you need to know about road traffic accident claims.
Additional external resources:
- Advice on claiming Statutory Sick Pay (SSP) from GOV.UK.
- Also, when to call 999 from the NHS.
- Learn how to request CCTV footage of yourself from Gov.UK.
If you are still wondering, ‘Can I claim compensation for nerve damage?’ you can contact our advisors to discuss your case today.
