Nerve Damage Injury Claims – How Much Compensation Can I Claim?
By Stephen Kane. Last Updated 8th October 2021. Welcome to our guide on nerve damage compensation and nerve injury compensation. The nervous system plays a crucial role in human physiognomy. It controls muscles, detects temperature, and even regulates breathing. If you’ve been affected by a nerve injury, this guide can help.
The three types of nerves – the autonomic nerves, the motor nerves, and the sensory nerves – combine to play a critical role in the body’s functionality. If you are involved in an accident that causes nerve damage, it can seriously affect what you can do in your day to day life.
Nerve damage can range in severity. From relatively minor, short-term issues to permanent, life-changing damage, injuries affecting the nervous system should always be taken seriously. Such injuries are not uncommon. NHS figures estimate that 10% of patients over the age of 55 have some form of peripheral neuropathy, a severe condition of nerve damage.
If you have been involved in an accident that has damaged your nerves, you may be entitled to compensation. Whether the accident occurred at work or on private property, nerve damage compensation claims can help you cover the expenses, pain and inconvenience brought on by serious health concerns.
This guide will provide you with all the information needed when considering a nerve damage compensation claim. You can also get in touch with us on 0800 073 8804 to discuss your claim. You can also use the pop-up live chat window to speak to a member of our team. Alternatively, you can see if you have a claim online by filling out the form on our website.
Select a section:
- A guide to accident claims for nerve damage injuries.
- What to do if you are involved in an accident causing a nerve damage injury.
- How to begin an injury claim.
- What can be claimed for after an accident causing a nerve damage injury?
- How do nerve damage injuries happen?
- Trauma caused by a Car Accident or road traffic accidents.
- Nerve damage caused by accident at work.
- Damage caused by medical negligence.
- The long-term effects of nerve damage injuries.
- The most common types of injuries.
- Assessing the severity of an injury.
- How much nerve damage compensation will I get after an accident causing a nerve damage injury?
- No win No Fee nerve damage injury claims.
- Why choose us as your claims service for a nerve damage injury claim?
- Call for free advice and to start a claim.
Nerve damage is a serious matter. Symptoms can affect the body in a myriad of different ways, from chest pain to dry eyes. In more severe cases, muscle atrophy and paralysis may be noted in the patient.
Because of this, claiming nerve damage compensation for accidental injuries can be incredibly important. But a legal process such as this can be complicated.
This guide is designed to provide you with an introduction to the world of nerve damage compensation claims. More specifically, we’ll examine the ways in which nerve damage can affect your life and discuss how you can deal with the matter using the law.
We will look into the common ways in which accidents resulting in nerve damage can occur, into the long term effects of such health concerns, and how you might be able to prepare a nerve damage compensation claim. We will also advise you as to potential payout amounts and the benefits which can be gained from hiring a team of legal professionals to assist you.
As we move through the sections of this guide, you should discover the information you need regarding filing your own nerve damage compensation claim. Though most of the information will be relevant, there will be times when your own claim has its unique circumstances.
This does not mean the claim is less valid. Instead, those potential claimants who are interested in learning about the viability of their claim can get in touch with our offices and discuss the matter in great detail. We will tell you how in one of the below sections.
If you have been involved in an accident that led to nerve damage, we may be able to help you win the maximum nerve damage compensation you deserve. This guide will explain how.
What are some common nerve damage symptoms?
The signs and symptoms of peripheral neuropathy can include the following:
- Numbness or tingling in your hands, feet, arms and legs
- A painful burning sensation
- Extreme sensitivity to touch in the affected area
It is important that you seek medical care should you experience any of these symptoms.
If you are involved in an accident that has caused nerve damage, your first course of action should always seek medical attention. If there has been an incident in the workplace, in a public place, or in other environments, you might find that you are owed nerve damage compensation.
A claim such as those involving a nerve damage back injury will largely depend on demonstrating that the accident occurred due to negligence on behalf of another party. In order to do this, there are several steps that can be taken following an accident. Once you have sought medical attention, you should consider the following:
- Gathering evidence of the scene of the accident – If possible, taking photographs of the scene of the accident can help preserve the scene for posterity purposes. These photographs can play a significant role in demonstrating negligence, such as showing the lack of warning signs in a public area.
- Gathering evidence of the injury – Nerve damage may not be the most visible health condition. However, an injury might leave you with visible signs of ill health, such as cuts or bruises. If this is the case, then taking photographs of the injuries can help illustrate their severity long after they have healed.
- Gathering together any medical reports – Demonstrating the severity of your injury could play a key role in your claim. To do this, it is important to gather together any medical reports, files, or documents that you have. This could be a doctor’s notes, x-rays, prescriptions, and so on.
- Contacting a law firm – Filing a nerve injury claim can be very complicated. Although the personal injury claims time limit is three years, we recommend that you contact legal advisers early in the process to help you judge the viability of a claim and make the process as quick and as easy as possible.
The process of winning nerve damage compensation can seem complicated, but it does not have to be. Taking the time to follow the above steps can set you in good stead for your claim.
Do I have a nerve injury claim?
Typically, you should be able to seek nerve injury compensation if the following criteria apply to you:
- The incident happened within the last 3 years
- It happened as a result of a third party
- That third party owed you a legal duty of care that they failed to uphold
If you’re still unsure whether you could be entitled to compensation, please don’t hesitate to contact our team today for a consultation. It can be difficult to know whether or not you have a valid nerve damage compensation claim. We can answer any questions you may have about making a claim and can offer you free legal advice. What’s more, if you have a claim, we can connect you to a personal injury lawyer to handle your case on a No Win No Fee basis.
As advised above, we believe that one of the most essential steps in making any legal nerve damage compensation claim is hiring the right Claims Service. This has a number of benefits, as we will
discuss in another section. However, one of the most essential advantages is highly evident at the beginning of the claims process.
At this point, you may be struggling. For those without experience, knowing how to file a legal nerve injury compensation claim is tough at the best of times, but this is especially true for anyone recovering from an injury such as nerve damage. With many laws and regulations to take into account, even knowing where to begin can seem impossible.
This is why we provide clients with a free consultancy session. This is a meeting between you and one of our experts. In the meeting, we can go over the exact details of the case and consider any information and evidence you have gathered.
After doing so, we can provide an informed estimation of the case’s chances of success and of the potential compensation amount you might receive. This is a no-obligation telephone consultation, so you are not beholden to us at any point.
If you do choose to engage our team, however, we’ll be able to move forward with your case. This will happen in several ways. First, we will extend the fact-finding process to take in as much information as we can. This could include attempting to gain access to CCTV footage and other evidence, for example.
Next, we can arrange for you to visit a doctor near your home. This full medical evaluation can provide a detailed report on the full extent of the injury and help you claim the full compensation you are owed.
As well as this, we can begin with the administrative side of the claim, filing the correct papers with the respective authorities. During this time, you can trust our team to handle the case while you recover from your injury. Beginning a legal claim with professional help can be much, much more manageable.
When you consider legal action, attempting to determine the amount of nerve injury compensation can seem complicated. There are actually a number of factors in play that can affect the final amount. Though the final figure will largely depend on the severity of the injury, the settlement will also factor in the following damages and expenses:
- General damages: these are often intangible costs, such as compensation for the pain and suffering that the injury has caused. All other damages, which seek to reimburse you for out-of-pocket expenses, are special damages.
- Care claim: in the event that your nerve damage has required that you hire a carer or nurse, these costs can be recovered during the claim.
- Loss of earnings: if your nerve damage has forced you to take time away from work or has affected your ability to earn wages in the future, these losses can be factored into the settlement total.
- Travel Expenses: for any journeys you have been forced to undertake due to your injury – for example, taking a bus to visit a doctor – claiming back the expenses can be possible.
- Medical Bills: These medical bills can include equipment, treatment, and private health care as required by your injury.
As we will see below, attempting to estimate the final total of the settlement can be difficult. However, being aware of the various factors can help you in putting together your compensation claim.
Such is the importance of our central nervous system to the way in which our bodies function, nerves are found from head to toe. As there are nerves in almost every part of the human body and there are many ways to become damaged. Some of the most common accidents leading to nerve damage can include:
- Laceration – a cut can be enough to sever and damage nerves, depending on its location.
- Focal contusion – a powerful blow can not only damage the cells in the affected area, but it can damage nerves, too.
- Stretch/traction injury – overstretching or forcible traction can pull and tug nerves beyond their breaking point.
- Compression – a heavy pressure applied to an area of the body can cause severe damage to the nerves.
- Drug injection injury – in a medical environment, the misuse of a needle or sharp object can cause severe nerve damage.
- Electrical injury – an electrical current was passing through an area of the body can severely affect the nerves in the respective area.
Though these are among the most common nerve-related injuries, your accident might not fit into one of the categories. If you would like to discover more about whether your damage is suitable for a nerve injury compensation claim, chat to a legal expert.
Any moderate to severe injury is likely to cause some sort of nerve damage. And as car accidents and other forms of road traffic accidents are the most common form of injuries in the UK, it follows that car accidents and road traffic accidents are also major causes of nerve damage claims being made.
Where an injury does cause nerve damage, the superficial wound itself may heal long before the nerve damage does. For example, a deep cut or an intrusive fracture will heal within weeks, but nerve damage could take months or even years to recover, if ever. If you have been involved in a car crash, resulting in nerve damage, we can help you claim compensation for this potentially long-term condition.
Workplace and industrial accidents are the second most common way that nerve damage injuries happen in the UK. Slips, trips or fall accidents at work can result in compound injures that feature nerve damage as a component. More severe injuries, such as getting a hand or arm stuck in heavy machinery, can result in severe, potentially permanent damage.
An employer is liable to pay compensation if they have failed to follow health and safety regulations, directly leading to your nerve damage injury. Even if the company can prove it did follow health and safety regulations, we may still be able to claim nerve injury compensation on your behalf.
As outlined by the Health and Safety Executive (HSE) within their annual report, it was documented that there were 693,000 workers who endured non-fatal injuries in 2019/20. It was also documented by the HSE that there were:
- 29% of workplace accidents were a direct result of slips, trips or falls on the same level.
- 19% of workplace accidents were a direct result of handling or lifting heavy items.
- 11% of workplace accidents were a direct result of being struck by a moving item.
- 9% of workplace accidents were a direct result of acts of violence.
- 8% of workplace accidents were a direct result of falls from heights.
Looking at the graph below which examines new cases of work-related ill health in 2019, we can see that the second and third most common new workplace illnesses were Hand Arm Vibration Syndrome and Carpal Tunnel Syndrom, both of which involve nerve damage.
Accidents in public places or at work are not the only way you can suffer nerve damage due to another person’s negligence. Cases involving medical accidents are also relevant to this discussion.
Medically, the most common cause of nerve damage is negligence in the administration of anaesthesia to patients. When anaesthesia is administered – whether it’s locally, regionally, or even generally – medical professionals must take certain precautions. in order to avoid contact with any nerve. When these precautions are not followed, it could result in devastating nerve damage.
For local anaesthesia, when a syringe is used to administer an anaesthetic, the needle must not come in contact with a nerve. Also, regional anaesthesia cases can include injections into the spinal column, a part of the body that hosts many of the most important nerves. Should the injection interfere with or harm these nerves, the effects can be very serious. For medical treatments where general anaesthesia is required, the body’s inability to sense or react to potentially harmful issues means that the possibility of nerve damage is increased.
As well as the administration of anaesthesia, other examples of medical negligence can include:
- Severed nerves as a result of a knee replacement surgery.
- Hernia surgery, where there is the likelihood of damage done to the inguinal and genitofemoral nerve.
- Failure to diagnose certain degenerative conditions related to the nervous system.
- Improper use of equipment (surgical negligence), such as surgical retractors and surgical tourniquets.
Some of the above complications can be severe and could require compensation. If you’re interested in claims for nerve damage compensation after surgery, our team can help you.
It was reported by the NHS in their NHS Resolution’s Annual Report and Accounts 2020/21 that the annual costs of harm arising from clinical negligence claims was £7.9 billion during the covered period. This is less when compared to the 2019/20 period when the annual costs were £8.3 billion.
It was also reported that the total cost of settling claims in 2020/21 decreased across all schemes by £120 million, to £2.26 billion. Of the 15,674 claims that were resolved in 2020/21, 74.7% were resolved without court proceedings.
When you are suffering from nerve damage, one of the most important considerations is your injury’s long-term implications. Depending on the severity of the damage done to the nerves, the effects may be long-term.
For children, a long-term result of nerve damage can lead to learning and physical disabilities and developmental delays. However, according to the NAP3 project, the likelihood of a permanent or long-term effect of nerve damage is not common. Symptoms can heal and improve over the course of months and years.
Certain areas of the body are more prone to long term issues from nerve damage than others. The spinal cord, for example, may not heal as readily as other areas of the body. This can severely impact your quality of life and can lead to serious long-term health issues. Accordingly, accidents that lead to long-term nerve damage will often receive higher a nerve damage compensation award.
Nerve damage injuries can take many forms. However, there are a number of injuries that are more common than others. These include:
- Neuropraxia – often the least severe form of nerve damage, is a condition where – despite the nerve fibres (the axons and sheath) being intact- the passage of nerve transmission is blocked. Nerves that stretch suddenly can suffer from fractures and dislocations. This condition can also occur following blunt force injuries and prolonged pressure on the nerves. Recover from neuropraxia can take as little as a few hours.
- Axonotmesis – in cases of axonotmesis, the nerve axons become divided while the sheath remains intact. This is typical of crush injuries and traction injuries. This condition is likely to result in loss of motor (muscle) function, autonomic functions, and the nerves’ sensations. Recovery from this condition can range from months to years.
- Neurotmesis – when the axon and sheath are both severed, this results in neurotmesis. This is regarded as one of the most severe forms of nerve damage. In cases where there is a clean-cut, it may be possible for the nerves to be reattached.
If you’re suffering from one of the nerve injuries listed above, or if you’d like to claim but don’t see your condition listed, get in touch with our team today to discuss your nerve damage compensation claim.
Discerning the severity of a nerve injury for a compensation claim is often a complicated process. Diagnosing the extent of the damage to a reasonable level requires a stringent medical examination. Such an assessment will be able to determine the recovery time and long-term impact of any injury, a matter which may be highly relevant to a nerve damage compensation claim. If you engage our team to help with your case, we can arrange for you to meet with a local medical expert in order to provide you with the best assessment possible.
Trying to estimate the exact settlement amount in cases involving nerve damage can be very difficult. When working out a sum for nerve damage, a compensation calculator you could find online is unlikely to be able to account for all the variables. The average payout for nerve damage in the UK would be too tricky to estimate. Cases can vary a lot. Though the severity of the injury will be significant, there are many other factors to consider.
As such, we have gathered together some example figures from the Judicial College Guidelines (JCG). This publication is what is used to calculate the portion of your compensation called general damages. This fee is awarded to the injured party to account for the physical pain and mental suffering caused by their injuries. The table below displays figures from the newest version of the JCG, which was last reviewed in 2019.
|Toe Injury||Moderate - Severe||Up to £52,620||Amputation of multiple toes at the most severe and loss of a single toe at the least severe.|
|Foot Injury||Severe||£39,390 to £65,710||For example, both heels are severely affected - possibly even other areas of the foot or feet|
|Foot Injury||Serious||£23,460 to £36,790||Less serious that severe but leading to continuing symptoms|
|Foot Injury||Moderate||£12,900 to £23,460||Displaced metatarsal fractures - ongoing deformed appearance and other permanent symptoms|
|Achilles||Moderate||£11,820 to £19,770||Partial rupture or other significant injury|
|Ankle Injury||Severe||£29,380 to £46,980||Lengthy treatment period and significant disability remains|
|Knee Injury||Moderate (i)||£13,920 to £24,580||For example - dislocation or tears in the cartilage with ongoing symptoms|
|Knee Injury||Moderate (ii)||Up to £12,900||Less serious injuries such as lacerations and bruises etc.|
|Knee Injury||Severe (I)||£65,440 to £90,290||An extreme injury with lengthy treatment and ongoing symptoms|
|Leg Injury||Less Serious (iii)||Up to £11,110||Simple fractures or injuries to the soft tissue|
There’s also a sum known as special damages. This sum is what is paid to the injured party so that they aren’t left out of pocket due to additional costs they’ve had to pay, or losses they’ve experienced due to their injuries. For example, loss of earnings due to time off work can be reclaimed. Medical costs and travel expenses related to their injuries can also be eligible for reimbursement. Get in touch for more information on what can be reclaimed via a special damages payment.
Also, if you’ve been affected in a way that isn’t listed in the table above, don’t worry; this isn’t an exhaustive list. Speak to our helpful team today to discuss your nerve injury compensation claim.
The process of making claims can be time consuming and expensive. If you are suffering from nerve damage as the result of an accident, you may have spent a great deal of time away from work and a great deal of money on your recovery. Financing a legal claim can be difficult.
This is where our No Win No Fee agreement can really benefit you. This arrangement means that you will not need to pay upfront fees or costs that arise during the claims process. Instead, we take a percentage of your settlement amount and use it to pay our fees.
This can vastly reduce the risk to you and your finances as, if the case is not successful, you do not owe exorbitant legal costs. Chat to our team today to find out how this Conditional Fee Agreement could benefit you in making a nerve damage compensation claim.
Trying to file a compensation claim can seem incredibly difficult, mostly if you recover from nerve damage. But there’s another, more comfortable option. You can engage our team today and find out why our approach works so well for clients.
Whether you need nerve damage settlement from car accident issues or help with a medical negligence claim, we have the experience and expertise you require. We offer a number of advantages, including:
- A ‘No Win No Fee’ agreement, lowering the financial risk involved in claiming nerve damage compensation.
- A free, no-obligation consultancy session to help start your claim.
- The ability to arrange a medical appointment to diagnose your nerve damage fully.
- Client-first service, putting your needs on a pedestal.
- Years of experience fighting for compensation.
If you would like to discover more about what we have to offer, all you need to do is call our offices today and chat with a member of our team.
If you would like to learn more about how our legal experts can help, there are two ways to get in touch. We can help all clients in Scotland, England and Wales. You can either fill out a contact form on our website or call us on 0800 073 8804. We look forward to helping you with your compensation claim.
Peripheral neuropathy develops when nerves are damaged check out this NHS link for more information.
More information on nerve injuries from the British Society for Surgery of Hand.
This NHS Link Explains more about peripheral neuropathy and nerve damage.
Find out the compensation amounts for a spinal injury claim.
If you have suffered from a severe injury it’s very important you get the very best advice contact us for extra support and guidance.
Find out what the time limits are regarding workplace injury claims.
Thank you for reading our guide on nerve damage compensation and how making nerve injury compensation claims works.