By Cat Gengar. Last Updated 21st June 2022. Are you looking for information about nerve damage settlement cases? Were you injured in a road traffic accident or through negligence at work? Perhaps you suffered injuries in a public place that was not your fault and it led to nerve damage issues?
The aim of this article is to discuss how to go about filing a full personal injury compensation claim for nerve damage caused to you through a breach in the duty of care. Personal injury lawyers have expertise supporting cases like this across the UK, with clients successfully winning nerve damage settlement cases.
If you were involved in an accident that caused you injuries, and you feel that it could have been avoided, please read on. If at any point throughout the article you feel ready to make a claim, or you would like more information on the topics discussed, you can call us direct on 0800 408 7825 or drop us a line at Public Interest Lawyers where our friendly team will be happy to help.
Select a Section
- A Guide To Calculate Compensation For Nerve Damage
- Types Of Nerve Damage
- Can Nerve Damage Lead To Financial Loss?
- Typical Nerve Damage Causes
- Who Can Get A Care Claim?
- Specialist Settlement Claim Calculations
- Case Study: £25,000 Compensation For Nerve Damage
- Our Free Specialists Estimates
- No Win No Fee Claims
- Use The Right Personal Injury Lawyers
- Talk Today
- More Advice
Using a case study of someone who suffered nerve damage to his leg in a no-fault accident, we explain the process of using a No Win No Fee solicitors to claim compensation. We look at who had the duty of care, how that duty was breached, and what you will need to prove that your injuries left you out of pocket.
We discuss how nerve damage settlement cases are accurately valued and the two types of damages that a personal injury solicitor can use to substantially improve your payout. Our case includes a breakdown of the damages to show what type of expenses you can ask the defendant to pay you if your case is successful.
We conclude by explaining the many benefits of using a No Win No Fee solicitor and where you can find the right one to handle your case. Throughout this article, there are links to legal acts, statistics, and further reading that can help your decision and put you in the best possible position to launch your claim.
The three main areas we are going to discuss are employer’s liability (accidents at work) public liability (accidents in public places or areas controlled by local authorities) and road traffic accidents (RTA’s). It’s important to establish who had the duty of care in each area, how was it breached, and how that caused your injuries. We are going to discuss two pieces of legislation and also some rules of the road:
- The Health And Safety At Work etc Act 1974 describes the legal requirement for all employers to ensure that their work environment is as hazard-free as possible. If your accident happened at work, it’s useful to consult this guide to reporting it properly, as it could strengthen your case.
- The Occupiers’ Liability Act 1957 outlines a similar obligation to comply with the minimum standards of safety in places that are accessible to the general public. Any area controlled by the local authority is included here, as are streets, parks, beaches, and many other areas you could legally access.
- The Highway Code is a set of rules that asks all road users to demonstrate a duty of care to each other, regardless of age or experience. This guide extends to urging road users to be aware that some drivers may not show a standard of due care and diligence and to anticipate that.
If negligence caused an accident in which you were injured in one of these places, speak to our team today to see how we could help.
The nature of nerve damage is that it can be difficult to predict how or where in the body it could manifest after your accident and the NHS gives advice on the proper diagnosis and treatment here. One of the most frequent causes of nerve damage in accidents come from road traffic incidents. Reckless driving can all too easily create a collision and the sudden jolt is all it takes to incur serious injury to the body, damaging the nerves.
After an accident like this, you may not be able to work or function normally. A No Win No Fee lawyer can help by examining all the various financial impacts the injuries have had on you and seek these costs back as compensation in nerve damage settlement cases. Special damages as they are known, seek to restore your finances to the position they were at before the accident and prevent you from suffering money worries on top of your injuries.
The anatomy although strong and durable can be damaged with any sudden twist or jolt from the impact which could have the potential to injure you, leading in some cases to years of pain and discomfort. Specific accident hot-spots for an injury like this could include:
- Car collision
- Sudden impact with something heavy
- Slipping or tripping and landing badly
- Falling from any height
- During an assault or as a victim of crime
- Using faulty machinery or equipment
Statistics show that workplace injuries are alarmingly common and it’s possible that nerve damage can be sustained as an additional injury. Sciatica is a type of transferred nerve pain that commonly results from neck and back injuries that can be incredibly debilitating, requiring months of chiropractor sessions or even surgery to overcome.
Equally, the roads are fraught with peril and each year motorists and cyclists are involved in accidents that may include nerve damage as a part of their injuries. However you sustained your injuries, if you feel that a duty of care was breached, speak to us today and see how we might be able to help.
One of the symptoms of nerve damage can be seriously restricted movement. The sciatic nerve is one of the largest in the body and if it gets trapped or pinched it can effectively immobilise you. There are no hard and fast rules to recovery, with symptoms persisting for some people months and years after their accident.
If you are in this level of pain and incapacitation, it’s almost certain that you will need help to function on an everyday level. Family and friends can assist and these costs can be reimbursed as part of your damages if valid hourly invoices can be produced for the time they spent helping you.
If this option is not available to you, a No Win No Fee lawyer will urge you to keep careful records of all expenditures that are repercussions from dealing with your injuries. If you need to pay for someone to come into your home to help you cook, clean, wash and shop for food, it’s essential that there is evidence of these costs that your lawyer can present as part of your compensation for nerve damage settlement cases.
A medical assessment is an integral part of your personal injury case and it’s a good opportunity to have a medical professional confirm that your injuries were a result of what happened that day, rather than a long-standing condition. This is crucial to your case. A chiropractor may also give an opinion about the prognosis and help you with pain management exercises until the nerve can heal.
Your No Win No Fee solicitor will look at two heads of damages on your behalf. General damages are potential awards as suggested by the Judicial College Guidelines as a way of quantifying pain and suffering. Nerve damage is a complex condition.
Special damages aim to incorporate all the tangible, out-of-pocket expenses that are a result of your injuries. Anything that has cost you personally and was a necessary part of dealing with the results of an injury that was not your fault can be included: loss of earnings, travel costs to hospital, chiropractor costs, medical adaptations, and carer costs are all valid costs in nerve damage settlement cases.
Mr Jones was driving home from the supermarket and was waiting at the lights when the driver behind swerved into his lane but failed to stop in time, rear-ending Mr Jones and causing sudden pain to both of his legs.
Mr Jones was taken to the hospital where severe soft tissue injuries to his legs were diagnosed. After several weeks the pain had not subsided so he decided to go back to the hospital, investigative tests were carried out and it was concluded that Mr Jones had suffered nerve damage to both his leg.
Walking was difficult and Mr Jones needed help for weeks to cope with everyday domestic tasks. He started intense physiotherapist sessions that were very expensive and after he saw his savings dwindling, it became obvious he needed help. He decided to sue the other driver to see if he could successfully win compensation to help his predicament.
The case was settled quickly in his favour with the other driver admitting liability and the police and doctor’s statements validating Mr Jones’s claim. He also retained all the receipts for his out of pocket expenses and his No Win No Fee solicitor was able to successfully present these expenses as evidence. He was awarded £25,000 in general and special damages.
Our case study is merely a typical example of the sort of cases our panel of personal injury solicitors handle all over the country. If you think that there was negligence in the lawful duty of care and it caused your injuries, speak to our friendly team today for a free, no-obligation assessment of your case. Nerve damage settlement cases could win a much higher payout for you when you consult a personal injury lawyer.
Compensation is never guaranteed and each case is different, but when you hire a personal injury solicitor you’re giving yourself the best opportunity to win the highest compensation amount. The breakdown of Mr Jones’ damages;
|General damages||Special damages|
|Less Serious Leg Injuries -serious soft tissue injury nerve damage to both legs £18,000||He required intensive physiotherapy - £1000|
|Travel costs to hospital visits - £500|
|Loss of earnings £5,000|
|Help around the home £500|
Many online companies will offer ‘compensation calculators’ that promise instant settlement amounts. These calculators often over or under-estimate the payout you could receive. When you speak to a lawyer in person about your case you can be safe in the knowledge that every aspect that may have a bearing on your claim is being taken into account.
What’s the Average Payout For Nerve Damage?
If you have suffered nerve damage as a result of third-party negligence, you may be wondering what the average payout for nerve damage is. Unfortunately, we cannot provide an answer for this, as if your claim succeeds, the payout you receive will be based on a variety of factors. As such, there is no real average payout, as each claim and the subsequent potential payout is unique.
The first head of claim you can pursue is known as general damages. This provides compensation for your injuries, mental suffering, and the effect they might have on your day-to-day life. You can get an idea of what you could receive in a settlement for nerve damage in your hand or another area of the body, by using our nerve damage compensation calculator.
The figures provided in this calculator have been taken from the 2022 edition of the Judicial College Guidelines (JCG), and as such, they are not guaranteed amounts. Should your claim succeed, the actual amount you may receive can vary.
|Type of Injury||Severity||Compensation Bracket||Description|
|Back||Severe (i)||£91,090 to £160,980||Severe injuries in this bracket can lead to nerve root damage as well as damage to the spinal cord.|
|Back||Severe (ii)||£74,160 to £88,430||Nerve root damage involving symptoms such as impaired mobility, sexual difficulties and loss of sensation.|
|Back||Moderate (i)||£27,760 to £38,780||Injuries in this bracket might include intervertebral disc damage involving irritation of the nerve root and limited mobility.|
|Hand||Serious Injury to the Thumb||£12,590 to £16,760||Such injuries can include nerve damage, amputation of the tip or a thumb fracture.|
|Hand||Moderate Injuries to the Thumb||£9,670 to £12,590||This injury can cause nerve or tendon damage as well as other issues.|
|Leg||Less Serious Leg Injuries (i)||£17,960 to £27,760||This bracket includes serious soft tissue injuries that can cause some nerve damage to lower limbs.|
|Skeletal Injuries||Fractures of the Nose or Nasal Complex (c)(i)||£10,640 to £23,130||More than one fracture of a serious nature that may result in damage to the nerves and tear ducts.|
|Work-related Upper Limb Disorders||(b)||£14,900 to £16,340||Disorders such as carpal tunnel syndrome, which is caused by the median nerve in the wrist being restricted. This bracket is for fluctuating and unilateral symptoms that are continuous.|
You may also be able to claim under special damages. This helps you recover any financial losses you might suffer as a direct result of your injuries, for example:
- Lost earnings
- Travel costs to and from hospital appointments
- Medical expenses
- Domestic help
- Childcare costs
However, you must provide proof of these expenses to make a claim. Contact our advisors today to learn more about compensation payouts for nerve damage, or to get a free estimate of what your claim might be worth.
You may be familiar with the term No Win No Fee solicitors but unsure as to what it means and how it could help you. There are numerous benefits to using a personal injury solicitor in this way and for many people, they offer the most viable and rapid route to compensation. Other benefits include:
- No fees to pay upfront
- No fees to pay while your case is ongoing
- Nothing to pay your solicitor if your case is unsuccessful
- If your case wins, you only have to pay a small fee to your solicitor which is capped by law to ensure the bulk of the payout goes to you
- You do not have to pay this fee until you have received the compensation
- You receive expert legal advice and support throughout your case
Once you’ve decided to launch your claim, how do you find the best personal injury lawyer to handle your case? If you search ‘No Win No Fee’ the search will create thousands of results and although reading reviews can be helpful, you may not feel any clearer about who is best at handling nerve damage settlement cases. You may have questions. How quickly do they settle cases? Do they have good client communication? Do they need to be local to me?
We can help answer these questions and introduce you to our panel of solicitors. It’s no longer important that the solicitor is local to you. Call our friendly team to see how your claim could qualify and start your negligence case today.
It’s easier to get in touch with us. We hope that you’ve found this guide helpful in your decision to launch a personal injury claim and if you’re ready to proceed, or just want more information, you can
- Call us on 0800 408 7825
- Contact us at Public Interest Lawyers
- Speak to our ‘live support’ team, bottom right
For more information on cycling accidents, please read here
For further reading on accident hot spots, please read here
More information on negligence claims against the council, please read here
For more information on NHS self-care costs, please read here
For more information on workplace accidents, please read here
For further reading on sciatic and nerve damage, please read here
Article by EA