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Nerve Damage Injury Claims – How Much Compensation Can I Claim?

By Maxine Cope. Last Updated 1st March 2022. 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.

nerve injury compensation

Nerve injury compensation

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:

What To Do Following An Accident That Causes Nerve Damage

If you are involved in an accident that has caused nerve damage, your first course of action should be to 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 –  It’s important to gather together any medical reports, files, or other documents that confirm your nerve injury plus other injuries you’ve suffered. This could include 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.

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.

How To Begin A Nerve Damage Compensation Claim

You can choose to pursue a nerve damage compensation claim either on your own or potentially with the support of a solicitor. If you have evidence to potentially support a nerve damage injury claim, we highly recommend hiring a solicitor who has handled such claims previously.

nerve injury compensation

Nerve injury compensation

If you contact us, we can provide you with a free consultancy session. This is a no-obligation telephone consultation, so you are not beholden to us at any point. Our advisors can help answer questions about your potential case. If you have strong grounds to make a claim, we may also be able to offer you direct support from one of our solicitors.

If one of our solicitors does support your claim, they may extend the fact-finding process to take in as much information to support your case as possible. This could include attempting to gain access to CCTV footage and other evidence, for example.

We may also be able to arrange for you to visit a doctor near your home. This full medical evaluation can provide a detailed report on the full extent of your injury.

How Do Nerve Damage Injuries Happen?

Our central nervous system runs along our body, from head to toe, meaning that you could have a nerve damage injury in many different parts of your body. 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 or what the average payout for nerve damage in the UK is, chat to a legal expert. We are available at any time that works for you. You can contact us using the above details.

Nerve Damage After Car Accident Compensation

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’ve suffered nerve damage after a car accident, compensation could be received if you’re able to prove that your injury was caused by negligence. In Great Britain, every road user has a duty of care as illustrated in The Highway Code. You would need to prove that your injury was caused by another road user breaching this duty of care causing you to suffer a nerve damage injury.

Trauma Caused By An Accident At Work

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. Successful nerve damage claims from accidents at work in Great Britain come from proving that your employer breached their duty of care. This is illustrated in The Health and Safety at Work etc. Act 1974.

As outlined by the Health and Safety Executive (HSE) within their annual report, it was documented that there were 441,000 workers who endured non-fatal injuries in 2020/21. It was also documented by the HSE that there were:

  • 33% of workplace accidents were a direct result of slips, trips or falls on the same level.
  • 18% of workplace accidents were a direct result of handling, carrying or lifting heavy items.
  • 10% of workplace accidents were a direct result of being struck by a moving item.
  • 8% of workplace accidents were a direct result of acts of violence.
  • 8% of workplace accidents were a direct result of falls from heights.

As you can see from the graph below, 50% of reported new and long-standing work-related ill health cases are from stress, anxiety and depression while 28% are from musculoskeletal disorders. However, these types of injuries could still involve you having a nerve damage injury. You could be suffering from mental health problems due to the pain and suffering caused, for instance. 

nerve injury compensation statistics graph

nerve injury compensation statistics graph

Nerve Damage Caused By Medical Negligence

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.

Medical Statistics

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.

The Long-Term Effects of Nerve Damage Injuries

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 a higher nerve damage compensation award.

The Most Common Types Of Nerve Damage Injuries

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. Recovering from neuropraxia can take as little as a few hours. Feel free to contact Legal Expert if you’re looking for advice on neuropraxia NHS claims.
  • 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.

What are some common nerve damage symptoms?

The signs and symptoms of peripheral neuropathy can include the following:

  • Prickling
  • 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.

How Much Nerve Damage Compensation Can I Get?

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 InjuryModerate - SevereUp to £52,620Amputation of multiple toes at the most severe and loss of a single toe at the least severe.
Foot InjurySevere£39,390 to £65,710For example, both heels are severely affected - possibly even other areas of the foot or feet
Foot InjurySerious£23,460 to £36,790Less serious that severe but leading to continuing symptoms
Foot InjuryModerate£12,900 to £23,460Displaced metatarsal fractures - ongoing deformed appearance and other permanent symptoms
AchillesModerate£11,820 to £19,770Partial rupture or other significant injury
Ankle InjurySevere£29,380 to £46,980Lengthy treatment period and significant disability remains
Knee InjuryModerate (i)£13,920 to £24,580For example - dislocation or tears in the cartilage with ongoing symptoms
Knee InjuryModerate (ii)Up to £12,900Less serious injuries such as lacerations and bruises etc.
Knee InjurySevere (I)£65,440 to £90,290An extreme injury with lengthy treatment and ongoing symptoms
Leg InjuryLess Serious (iii)Up to £11,110Simple 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.

No Win No Fee Nerve Damage Claims

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.

Call for Free Advice and To Start a Claim

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.

Helpful Links For Nerve Damage Claims

NHS Peripheral Neuropathy

Peripheral neuropathy develops when nerves are damaged check out this NHS link for more information.

Nerve injury The British Society for Surgery of the Hand

More information on nerve injuries from the British Society for Surgery of Hand.

NHS Choices Peripheral neuropathy

This NHS Link Explains more about peripheral neuropathy and nerve damage.

How Much Compensation For a Spinal Injury Claim?

Find out the compensation amounts for a spinal injury claim.

How Much Compensation Can I Claim For A Serious Injury?

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.

How Long Do I Have to Make A Claim Following An Injury At Work?

Find out what the time limits are regarding workplace injury claims.

Other Useful Compensation Guides

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