How To Claim For Nerve Damage After A Car Accident
By Stephen Hudson. Last Updated 9th January 2024. In this article, we will discuss when you may be eligible to pursue personal injury compensation for nerve damage after a car accident. Road users owe a duty of care to one another to safely navigate the roads. When this duty of care is breached, it could lead to injuries ranging from minor to severe. This would be an example of negligence, for which you may be eligible to make a personal injury claim.
Compensation For Nerve Damage After A Car Accident Claim Guide.
As we move through this guide, we will explain the legislation in place that outlines road users’ duty of care, the evidence you can obtain to prove this was breached and the way in which compensation can be calculated for a car accident claim.
If you’d like to begin a road traffic accident claim today or have more questions regarding the eligibility of your case, you can speak to a member of our team at any time. Our advisors are available to provide free legal advice 24 hours a day, 7 days a week.
To get in touch, you can:
- Contact us via our website
- Call us on 0800 073 8804
- Use the live support feature on this webpage
Choose A Section
- How To Claim Compensation For Nerve Damage After A Car Accident
- Time Limit For Making A Nerve Damage Claim After A Car Accident
- How To Prove That You Suffered Nerve Damage After A Road Traffic Accident
- Is There An Average Payout For Nerve Damage Caused By A Car Accident?
- Could You Make A No Win No Fee Claim For Nerve Damage After A Car Accident?
- Learn More About Claiming Compensation For Nerve Damage After A Car Accident
How To Claim Compensation For Nerve Damage After A Car Accident
As laid out by the Road Traffic Act 1988 (RTA), road users owe each other a duty of care. They must traverse the roads safely and minimise the risk of injury to other road users. A road user could breach their duty of care by travelling at a speed that exceeds the limit. Also, The Highway Code lays out advice and rules for road users, some of which are backed by laws.
This is important to know in relation to car accident claims, as negligence forms the basis of a valid personal injury case. The definition of negligence is as follows:
- Another road user owed you a duty of care.
- They breached this duty of care.
- As a result of this breach, you suffered psychological and/or physical injuries.
If your claim meets the criteria above, you may be eligible to pursue compensation for nerve damage after a car accident.
The Whiplash Reform Programme
Following a car accident, the process of pursuing compensation for whiplash injuries changed as of May 31st 2021, when the Whiplash Reform Programme was introduced. This now means adult drivers or passengers making an injury claim valued at £5,000 or less may need to make their claim in a different way.
If there are additional injuries that bring the total value over £5,000, you will make your claim traditionally. However, all whiplash injuries will be valued in line with the tariff in The Whiplash Injury Regulations 2021. This does not apply to cyclists, motorbike riders or pedestrians.
Time Limit For Making A Nerve Damage Claim After A Car Accident
You must file your claim for your nerve damage injury within the personal injury claims time limit. The Limitation Act 1980 sets this at typically 3 years from the date of the road traffic accident that caused your nerve injuries.
However, there are some cases that suspend this limitation period. Whilst the limitation period is suspended, a litigation friend could claim on the injured party’s behalf. You can apply to be one, or a court may appoint one. Suspensions apply to:
- Those lacking the mental capacity to bring forward their own compensation claim. The limitation period is suspended for as long as the injured party lacks this capacity and may last indefinitely. However, should the injured party recover this mental capacity, they will have three years from this date to start the personal injury claims process if a litigation friend has not already done so.
- Children below the age of 18. In these cases, the time limit doesn’t start until the injured party turns 18. This gives them three years from the date of their 18th birthday to file a civil case if a litigation friend has not already acted on their behalf.
If you have suffered nerve damage after a car accident, and would like to know whether you still have enough time to begin a personal injury claim, you can contact one of our advisors.
How To Prove That You Suffered Nerve Damage After A Road Traffic Accident
When pursuing personal injury compensation after a car accident, it’s important to gather evidence proving negligence. This can include:
- CCTV footage of the accident taking place
- Photographs of the scene and any physical injuries
- Medical records to prove an injury from the car accident
- A diary of your treatment and symptoms
- Contact details of any witnesses
Please get in touch with our team of advisors to learn more about the evidence you could use as proof in a claim for compensation for nerve damage after a car crash.
Is There An Average Payout For Nerve Damage Caused By A Car Accident?
If you were to make a successful nerve damage claim, you could receive an award comprising of up to two parts.
Firstly, general damages are the part of the claim that compensates successful claimants for the physical pain or psychological suffering resulting from their injuries. The table below uses the Judicial College Guidelines (JCG) to provide guideline compensation brackets for various injuries. Car accident solicitors can also use this document to value the general damages portion of a claim. It should be noted that the top row is not from the JCG but is included to show you how compensation for serious nerve damage plus other injuries and your incurred expenses could be calculated. We’ve also included a few examples of the whiplash tariffs.
Compensation Guidelines
| Injury | Severity | Details | Guideline Compensation |
|---|---|---|---|
| Multiple Serious Injuries and Financial Damage | Very Serious | Settlements could include compensation for more than one very serious injury and financial losses, such as lost wages and wheelchair purchase. | Up to £250,000+ |
| Back Injuries | Severe (a)(i) | Cases of the most severe injuries involving damage to nerve roots and the spinal cord. Injuries result in a combination of very serious consequences, such as severe pain and disability with further problems. | £91,090 to £160,980 |
| Back Injuries | Severe (a)(ii) | Cases involving features such as nerve root damage with an associated loss of sensation, unsightly scarring and further problems. | £74,160 to £88,430 |
| Back Injuries | Moderate (b)(i) | A wide variety of injuries are included within this bracket. For example, intervertebral disc damage accompanied by nerve root irritation and reduced mobility. | £27,760 to £38,780 |
| Arm Injuries | Severe Injuries (a) | Injuries, for example, a serious brachial plexus injury, which fall short of amputation but leave the person not much better off than if their arm had been lost. | £96,160 to £130,930 |
| Neck Injuries | Severe (a)(ii) | Injuries typically involving harm to discs in the cervical spine or serious fractures. For example, damage of a permanent nature to the brachial plexus. | £65,740 to £130,930 |
| Shoulder Injuries | Severe (a) | Injuries that are usually associated with neck injuries and involve damage to the brachial plexus, leading to significant disabilities. | £19,200 to £48,030 |
| Shoulder Injuries | Serious (b) | Damage to the lower portion of the brachial plexus and dislocation of the shoulder causing pain, weakness, and sensory symptoms. | £12,770 to £19,200 |
| Whiplash Injuries | One or More Whiplash Injuries accompanied by One or More Minor Psychological Injuries | The injury lasts over 18 months but no longer than 24 months. | £4,345 |
| Whiplash Injuries | One or More Whiplash Injuries accompanied by One or More Minor Psychological Injuries | The injury lasts over 15 months but no longer than 18 months. | £3,100 |
Note that these figures are a guide. Differing factors determine the settlement of each claim for nerve damage compensation.
How Special Damages Could Compensate You
Special damages is the second part you could be eligible to receive following a successful road traffic accident claim. This part of your claim reimburses for past and future monetary losses they’ve experienced as a result of your symptoms of nerve damage. This could include:
- Cost of care
- Loss of earnings
- Medical expenses
- The cost of home adaptations
You’ll have to provide evidence to receive special damages compensation, which can include bank statements, payslips, invoices, and receipts.
Could You Make A No Win No Fee Claim For Nerve Damage After A Car Accident?
In the case that our advisors find that you may have a valid claim, they could put you in contact with one of our No Win No Fee road traffic accident solicitors. No Win No Fee solicitors can offer to work on your car accident claim under a Conditional Fee Agreement (CFA). Using a solicitor under this type of agreement could provide benefits for both you and your claim.
Firstly, you won’t be expected to pay any upfront costs for the services of your solicitor. They also won’t ask for payments as your claim is ongoing. Furthermore, in the case that your claim is unsuccessful, you typically won’t have to pay for your solicitor’s services at any time.
In the scenario that you’re successful in pursuing compensation for nerve damage after a car accident, your solicitor can take a small success fee from the compensation. This is a legally capped percentage.
If you’d like insight into the eligibility of your claim, talk to our team of advisors. Please don’t hesitate as you should also consider the relevant car accident claim time limits that must be met. Our advisors can also provide information on these in connection to your case.
To get in touch, you can:
- Contact us via our website
- Call us on 0800 073 8804
- Use the live support feature on this webpage
Learn More About Claiming Compensation For Nerve Damage After A Car Accident
If you’d like to learn more about receiving compensation for a car accident claim, then you can explore more of our guides below:
- Nerve Damage Caused By A Car Accident Compensation Claims
- Merging Traffic Accident Compensation Claims
- Car Accident Injury Payouts
- Looking for Northampton car accident claims solicitors? Read our guide for more information.
- Learn if you could claim if you were the victim of a hit and run in the UK with our helpful guide.
Alternatively, you can use the following links for more information:
- Statutory Sick Pay (SSP) – GOV.UK
- Advice for road users – THINK!
- When to call 999 – NHS
Thank you for reading this guide to pursuing compensation for nerve damage after a car accident. To discuss your claim, you can contact our team on the details provided above.
