By Christine Anthony. Last Updated 16th February 2021. Welcome to our guide to making a nerve injury compensation claim. There are two main parts of the body’s nervous system. These are the central nervous system (affecting the brain and spine) and also the peripheral nervous system that carries signals around the body relating to pain and sensation. While a nerve injury to the central nervous system can be catastrophic, damage to the peripheral system can cause long-term disability, pain and suffering. If the injury is the result of an accident caused by somebody else’s negligence, then you could be entitled to claim compensation. Therefore, in this guide, we’ll look at types of nerve injury, how to prove liability and the amounts of compensation that might be paid.
Legal Helpline could help you if you’re considering a claim for suffering caused by nerve damage. Our advisers can walk you through the claims process and provide free legal advice. Also, we offer a no-obligation assessment of any claim. Finally, if the claim is strong enough, you could be connected with a no win no fee solicitor from our panel.
We can help you begin your claim today if you call us on 0161 696 9685. Alternatively, to find out more about how to claim for a nerve damage injury, please continue reading.
Jump To A Section
- A Guide On Claiming Compensation For A Nerve Injury
- What Is A Nerve Injury?
- What Are The Different Nerve Types?
- Different Types Of An Injured Nerve
- Causes Of A Nerve Injury
- Road Traffic Accidents Causing A Nerve Injury
- Medical Negligence Causing A Nerve Injury
- Workplace Accidents Causing A Nerve Injury
- Nerve Injury Compensation Claims Calculator
- Special Damages Claimable Because Of A Damaged Nerve
- Steps To Take If You Suffer A Nerve Injury
- How Legal Helpline Could Help You To Make A Personal Injury Claim
- No Win No Fee Nerve Injury Compensation Claims
- Begin A Damaged Nerve Injury Claim
- Nerve Injury Claim Resources
A Guide On Claiming Compensation For A Nerve Injury
Claiming for a nerve injury can be quite a complex thing to prove. That’s because, unlike other types of injury, there aren’t always any visible signs. Therefore, our advice is that you should have a specialist on your side who understands what evidence is needed to prove such a claim.
Ordinarily, for a solicitor take on a claim, they’ll need to be shown that:
- You’ve been involved in an accident.
- That was caused by somebody who owed you a duty of care and was negligent.
- And you suffered nerve damage in that accident.
Another factor they have to take into account is the personal injury claims time limit. Usually, this is a 3-year time period from the date of the accident which caused your injuries. However, the time period could also start from the date a doctor diagnosed your injuries if this is a later date.
As we go through this guide, we’ll look at different types of a nerve, the symptoms of a nerve injury, how they can become injured and when somebody else might be liable for your suffering. Then we’ll look at potential compensation amounts and what evidence you should try and collect to support your claim.
It’s important to note that we can’t list every type of accident or injury within this guide. Therefore, even if your injury isn’t listed, we could still help you make a claim. So long as your suffering was caused by another person’s negligence, you could be entitled to compensation.
What Is A Nerve Injury?
A nerve injury is when one of the three different types (details in the next section) of nerve become injured. Nerves are involved in almost everything the body does so, even in accidents which don’t seem too serious, if a nerve has been injured it can cause serious problems for the victim. Some nerve injuries can be treated successfully meaning a nerve injury compensation claim could be for short-term suffering.
However, some injuries can cause serious and permanent life-changing injuries meaning a compensation claim might become quite complex. Claims for changes to the home, loss of income and ongoing pain might be all be required for more serious nerve injuries.
Some of the more common nerve injuries you could claim for include:
- A spinal nerve injury
- Shoulder nerve injuries
- A nerve injury in the hand
- A sciatic nerve injury
What Are The Different Nerve Types?
The nervous system of your body is involved in almost every function the body carries out. That includes controlling muscles, regulating the rate of breathing and giving you the ability to sense. The different types of nerve in the body are:
Sensory nerves – These are the nerves which pass information from your skin back to the brain (and spine). Once the information is processed you feel sensations like pain and temperature.
Motor nerves – The motor nerves are responsible for your movement. Signals sent from the limbs back to your brain so that it can send messages to your muscles.
Autonomic Nerves – This system controls things like blood pressure, heart rate and temperature regulation.
The symptoms of nerve damage vary according to which system is damaged. For instance, damage to the sensory nerves can cause tingling, numbness, pain and sensitivity. Motor nerve damage can cause symptoms like weakness, twitching, paralysis and muscle atrophy. Finally, autonomic nerve injuries can lead to feeling lightheaded, dry mouth or eyes, constipation, bladder or sexual dysfunction or sweating too much or too little.
Different Types Of An Injured Nerve
There are many different types of nerve injury that can occur and might lead to a nerve injury compensation claim. Here is a list of some of the more common:
- Neurotmesis – This is the most serious type of nerve injury. The nerve and the nerve sheath will both be damaged and only partial recovery is possible
- Axonotmesis – Injuries which cause the outer axons of a nerve to become damaged. These injuries can lead to motor, sensory or autonomic paralysis but, if the cause of the damage is removed swiftly, the axons might regenerate and lead to a full recovery
- Neuropraxia – This is often a short-lived type of nerve damage and the least serious. It can be caused by fractures or dislocations which cause the nerve to stretch suddenly. Nerve injury treatment isn’t always required for neuropraxia as it will self-heal quite quickly
Causes Of A Nerve Injury
The types of scenario we’re going to look at in the next few sections of this guide are workplace accidents, road traffic accidents or medical negligence claims but, in reality, there is a much longer list of incidents that could be the reason for a nerve injury.
Road Traffic Accidents Causing A Nerve Injury
All road users have a duty of care to one another. This means that if a collision happens because another road user was negligent, then you could claim compensation from them if you suffer a nerve injury or other associated injuries. You could claim as a pedestrian, cyclist, motorcyclist, driver or passenger injured in this way.
Medical Negligence Causing A Nerve Injury
When a medical professional treats you, there has to be an element of trust placed in their ability to keep you safe. If a medical professional treats you in a substandard way, which is below what could be reasonably expected of a competent professional, and that treatment causes you to become injured, then you could sue them for your suffering.
Some examples of medical negligence causing nerve damage that might lead to a nerve injury compensation claim could include:
- Avoidable nerve damage during surgery
- Nerve damage after a tooth extraction
- Nerves severed during knee replacements
- Damaged nerves during hernia surgery
Workplace Accidents Causing A Nerve Injury
When you are in your workplace, your employer has a duty of care towards your safety. This means that they should take steps to identify any dangers and remove the risks where possible.
If they fail to do so, and you suffer an injury at work caused by the employer’s negligence, then you could be entitled to claim against them. Injuries caused by any of the following could lead to a claim:
- A lack of training
- Inadequate safety equipment
- Faulty or poorly maintained machinery
- A lack of information on the company’s safety procedures
A workers’ compensation settlement for nerve damage could be made against the company’s insurance policy if any of the above were the cause of the injury. Your employer can’t sack you, treat you differently or discipline you for claiming so don’t be afraid of asking for the compensation you could be entitled to.
Nerve Injury Compensation Claims Calculator
It’s quite common for people to ask, “What is the average settlement for nerve damage?”. In truth, it’s quite hard to say because every claim is different. The nature of the injury and how it affects you physically and financially will be different in every case. When your claim has been assessed fully, you could be given an estimated compensation figure. For now, though, the personal injury claims calculator table below shows compensation paid for some different injuries.
|Back||Severe||£85,470 to £151,070||This bracket covers the most severe injuries that include damage to the spinal cord and nerve roots. This could lead to incomplete paralysis, severe pain and significant impairment to bowel, bladder and sexual function.|
|Back||Severe||£69,600 to £82,980||Damage to the nerve roots in the back which lead to impaired mobility, loss of sensation and impaired bladder or bowel function.|
|Back||Moderate||£26,050 to £36,390||An example of an injury in this bracket is where there's damage to the intevertebral disc with nerve root irritation which causes reduced mobility.|
|Arm||Serious||£36,770 to £56,180||An arm injury which results in a permenant, and significant, residual disability.|
|Hand||Serious||£27,220 to £58,100||Serious damage to the hand which leaves it with around 50% capacity.|
|Thumb||Serious||£11,820 to £15,740||Nerve damage to the thumb which makes the thumb ultra-sensitive and causes loss of grip or dexterity.|
|Thimb||Moderate||£9,080 to £11,820||Injuries which require arthodesis of the interphalageal joint which causes damage to the nerves. This could result in loss of sensation.|
|Leg||Serious||£36,790 to £51,460||This type of injurie can result in instability, a long period with no weight bearing and prolonged treatment.|
|Ankle||Moderate||£12,900 to £24,950||Injuries which cause disability like difficulty walking on uneven surfaces and trouble standing for long periods.|
You should be made aware that these figures are for one part of the claim only. Also, the list of injuries isn’t conclusive. Therefore, if your nerve injury isn’t listed, don’t worry, you could still make a nerve injury compensation claim.
As you’ll see in the table, each injury is compensated for based on its severity. It’s therefore really important that your solicitor can demonstrate the exact nature of your suffering. The solicitors on our panel use independent doctor’s reports to help with this. If they arrange an appointment for you, it will be carried out as locally as possible to reduce travelling.
The doctor will assess your injuries physically and ask questions about what effect they’ve had on you. Based on your assessment, the doctor will send a report to your solicitor. This can then be used as evidence to display the extent of your suffering and to try and ensure you receive the correct level of compensation.
Special Damages Claimable Because Of A Damaged Nerve
In cases where nerve damage settlements are paid, the claim can be made up of two types of compensation: general and special damages. The table shown in the previous section was for general damages. That’s the compensation which covers pain, suffering and loss of amenity that your injuries cause.
Special damages, on the other hand, are paid to compensate you for financial losses linked to your injuries. For instance, you could claim:
- Medical Expenses
Ordinarily, any treatment required will be carried out for free by the NHS. However, you could still end up paying for over the counter medicines or prescription costs. Therefore, these could be claimed back
- Travel Costs
It’s not unusual for multiple trips to the GP or hospital to be required while recovering from your injuries. If that’s the case, you could claim for fuel costs and parking fees. Furthermore, if your injuries prevent you from driving for a while, the cost of alternative transport might be claimed back too
- Care Costs
In more serious cases where somebody looks after you while you’re recovering, you could claim back any associated fees. For instance, you could claim the fees of a professional carer or the time of a friend who looked after you
- Lost Earnings
When you need to take time off work to recover or attend a medical appointment, you might lose out on some earnings. Therefore, these could be included in your claim. Also, long-term earnings could be affected too. For instance, if your job requires the use of your hands but your nerve injury means you’ll have long-term loss of feeling, then this could reduce the ability to work. If that’s the case, you could claim for future loss of income as well
Steps To Take If You Suffer A Nerve Injury
If you suffer nerve damage from an accident and decide to make a nerve injury compensation claim, you’ll need to try and provide evidence to support you. Ideally, you’ll be able to show what happened, who was to blame and what injuries you sustained. To try and do this, you could provide:
- Medical records from any doctor or hospital that treated you.
- Photographs of the accident scene. Where possible, this should be done ASAP to try and capture the cause of the accident before it’s removed or repaired.
- Witness statements from anybody who saw what happened.
- A copy of an accident report. If your accident happened in a public place, or at work, then, so long as you report the incident, the business operator should record the date, time, details of the incident and any advice given in an accident book or similar.
- Photographs of any visible injuries.
How Legal Helpline Could Help You To Make A Personal Injury Claim
If you’ve decided to make a damaged nerve compensation claim, we hope that you’re considering letting Legal Helpline assist you. Here is some more information about us and how we can help:
- All claims taken on by our panel of solicitors are done so on a No Win No Fee basis
- Our claims line is open 24-7 so you can claim whenever it suits you
- Our team of advisers offer a no-obligation assessment of all claims and also free legal advice
- The solicitors on our panel always work hard to ensure you receive the correct level of compensation
- If your claim is taken on, you’ll receive updates throughout the case, so you’ll know what’s happening
No Win No Fee Nerve Injury Compensation Claims
One thing that puts people off claiming the compensation they could be entitled to is the cost of hiring a legal team. We understand this and it’s why our panel of solicitors agree to work on a No Win No Fee basis for any claim they handle. Doing so enables more people to begin a claim as their financial risk and subsequent stress levels are reduced.
To begin, the solicitor will review your case. If they believe your claim is valid and could receive compensation, they’ll give you a Conditional Fee Agreement (CFA) to sign. This document acts as your legal contract with them. When you review it before signing, you’ll see two key terms:
- One stating that you don’t have to pay solicitor’s fees unless you receive compensation.
- Another which tells you the success you’ll need to pay if the case is won.
Importantly, you don’t have to send funds to cover the success fee. Instead, it’s listed as a percentage of your compensation. If your case is won, the solicitor will simply deduct the success fee from the compensation before it’s sent to you.
Begin A Damaged Nerve Injury Claim
Thank you for taking the time to read our guide about claiming for a nerve injury. Hopefully, the information we’ve provided has been helpful and shown how we could help you begin your claim. If you’d like to discuss your options with us today, here are the best contact methods to use:
- You can call our team of specially trained advisers on 0161 696 9685
- Alternatively, you could ask us to arrange a call back by completing our claim form
- Finally, you can use our online chat facility to discuss your claim with an online adviser
When we discuss personal injury claims with no clients, we’ll begin by looking at what happened. Then we’ll look at what injuries you suffered and the evidence you have to prove that somebody else was liable. If your case has enough evidence to support it, we could introduce you to a personal injury solicitor on our panel. If they agree your nerve damage injury could lead to compensation, they’ll handle your claim on a No Win No Fee basis.
Nerve Injury Claim Resources
You’ve now reached the end of this guide about claiming for an injured nerve. Hopefully, the information has proved useful and helped you decide whether to claim or not. Listed below are some more or our guides plus some other relevant resources.
Peripheral Neuropathy: This NHS guide explains when nerve damage occurs in the body’s extremities like the feet, hands and arms.
The Brain And Spine Foundation: A UK charity set up to support those affected by neurological problems.
Sciatica Information: An NHS guide abut sciatic which is caused when the sciatic nerve is irritated.
Head Injury Claims: If you’ve endured a head injury through no fault of your own, you could make a personal injury claim. Read our guide about it.
Arm Injury Claims: Nerve damage in the arms can cause concern. Our guide could help you see if you’re able to claim.
Assault Claims: You might not be aware that you could claim compensation for assault. Read our guide to find out how.
Nerve Injury Compensation Claim FAQs
Can you get compensation for nerve damage?
You could get compensation for nerve damage providing that it was caused by a third party. An accident at work, road traffic accident or public injury could lead to nerve damage, but you might not be able to claim if you were liable for the incident.
How much can I claim for nerve damage in the UK?
How much you claim for nerve damage is weighed up by how serious your injury is, how it’s affected your mental health and how your finances have been impacted as a consequence. Call our advisors for an estimate of what you could claim.
How do you prove you have nerve damage?
In a personal injury claim, you could prove nerve damage through medical evidence. An independent medical expert would create a report based on their assessment of your injuries. It could then be used to support your nerve injury compensation claim.
Article by BH