In this article, we’ll look at the process of seeking compensation for nerve damage after a car accident. We’ll explain the criteria for putting forward a personal injury claim and look at some of the ways you can strengthen your case, such as gathering evidence and ensuring that you begin the process within legal time limits.
Additionally, this guide will explore examples of car accident causes and the ways in which nerve damage could be sustained.
Also, we’ll provide some information about how a car accident claims solicitor usually calculates compensation for this kind of claim. It will also look at how the settlement you’re awarded should address the impact your injury has had on you.
As well as examining how compensation payouts are calculated, we’ll also discuss the benefits of working with a solicitor under the terms of a No Win No Fee agreement.
To discuss this further, use the details provided below. By speaking to our team, you could get advice about the merits of your potential car accident injury claim. Find out more by:
- Filling out the ‘online form’ on our website
- Calling us at 0800 408 7825
- Talking to our team in the chatbox below
Jump To A Section
- Who Could Claim Compensation For Nerve Damage After A Car Accident?
- Causes Of Nerve Injuries In Car Accidents
- What Evidence Can I Gather When Claiming For Nerve Damage From A Car Accident?
- Road Accident Compensation Payouts
- Start A No Win No Fee Nerve Damage Claim Today
- More Guides About Road Accident Claims
You may be eligible to begin a personal injury claim for a road traffic accident when you can show that all three elements of negligence occurred. This includes showing:
- A duty of care was owed to you by a user of the road
- That road user breached this duty
- Because this breach occurred, you experienced physical or psychological harm.
A specific piece of legislation called the Road Traffic Act 1988 establishes the duty of care that road users owe while on the road. Accordingly, drivers must ensure that they navigate the road in a way that prevents them from causing damage to themselves, others or property. Additionally, information in the Highway Code outlines rules and guidelines for road users. The rules in the Highway Code are backed up by law.
If another road user did not uphold their duty of care and you experienced harm, such as nerve damage, you could seek compensation to address your pain and suffering.
What Are The Whiplash Reforms?
If a passenger or driver over eighteen suffers whiplash or soft tissue injuries that come to a value of £5,000 or under, they must begin their claim using a different method. This is due to the Whiplash Reform Programme, which came into effect on 31 May 2021. On the other hand, if these individuals suffer other injuries that take the overall value of the claim above £5,000, then they may seek compensation via the traditional route.
Changes brought in by this programme also mean that whiplash injuries are now valued using the tariff found in the Whiplash Injury Regulations 2021. This is true for those who claim in the traditional way. However, additional injuries not covered by the tariff are valued traditionally.
Limitation Periods For Car Accident Claims
The Limitation Act 1980 establishes certain time limits to start a personal injury claim for a car accident. It states that you have three years to begin a claim, starting from the date of the injury. However, it should be noted that there are some exceptions to these time limits, such as for children under the age of eighteen or someone who does not have the capacity to begin a claim.
To find out more about these exceptions and when you could be eligible to being a claim, speak to our team. They can provide further information about the claim process.
Nerve damage injuries could occur as a result of a road traffic accident. For instance, you could suffer this form of injury if:
- A driver is under the influence of alcohol whilst driving. As a result, they crash into your vehicle.
- An HGV or lorry driver is using a mobile phone while driving. Because they are distracted, they collide into the back of your car.
- A driver does not perform all the correct checks when reversing out of a space in a car park. As a result, they reverse into you at speed.
For more information about the process of claiming for injuries experienced due to a road traffic accident, get in contact today.
It is important to support your claim with evidence. For instance, you could:
- Keep records of the symptoms caused by your injury.
- Get medical care and ask for copies of your medical records.
- Locate footage of the accident caught on dashcam or CCTV.
- Take photos of the accident site and the harm you experienced.
If you’re struggling to collect evidence, it may be useful to speak with a claims advisor. They may be able to pass you onto one of the No Win No Fee solicitors on our panel, who could assist you.
Car injury compensation amounts can include general damages and special damages.
Injured claimants can be awarded compensation for the pain or suffering they’ve endured as a result of their injuries under general damages. In order to help them assess how much this part of a claim could be worth, solicitors will usually consult guidelines from the Judicial College. This a document that contains award brackets for different types of injuries.
The table we’ve created below contains figures taken directly from the guidelines. However, the figures from this document are not a guarantee. This is because each claim is unique, and your personal circumstances are taken into consideration when calculating your compensation.
You may notice that two of the entries refer to whiplash. These figures, which are fixed amounts, come from the whiplash tariff mentioned above. Depending on the circumstances of your claim, your whiplash injuries may be valued according to this tariff.
|£324,600 – £403,990
|Award will consider the individual’s age and degree of independence as well as other factors.
|£219,070 – £284,260
|Award considers the presence and extent of pain as well as the impact on the person’s mental health.
|£91,090 – £160,980
|Injuries of the highest severity resulting in damage to nerve roots in the spine. Symptoms include severe pain and incomplete paralysis combined with impaired function of the lower organs.
|In the region of £148,330
|Neck injury associated with incomplete level of paralysis.
|£65,740 – £130,930
|Injuries causing a considerable disability.
|Other Arm Injury
|£96,160 – £130,930
|Injuries that fall short of amputation, such as a serious brachial plexus injury.
|£19,200 – £48,030
|Neck injuries involving damage to the system of nerves in the shoulder called the brachial plexus.
|A Single Or Multiple Minor Psychological Injuries and A Single Or Multiple Whiplash Injuries
|Symptoms last between 18-24 months.
|One or Multiple Whiplash Injuries
|Symptoms last between 18-24 months.
Could I Receive Another Head Of Claim For Financial Losses?
The other payout you could receive is called special damages. This is intended to reimburse claimants for any financial losses caused by their injuries. For instance, this might include:
- Costs associated with specific medical treatments needed for your rehabilitation
- Lost earnings, past and future, if you can’t go back to work either permanently or temporarily
- Costs associated with making adaptations to your home and car
- The costs of prescription medications
To receive a payment for special damages, you must show financial evidence of your losses. This may include receipts or invoices.
If you are considering starting a claim, the solicitors on our panel can provide their services under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). This kind of agreement comes with a variety of benefits.
Firstly, there is no payment required for ongoing or upfront fees for the work your solicitor provides. Additionally, for claims that fail, you generally won’t be charged for the services provided by your solicitor.
Secondly, for claims that succeed, the solicitor can deduct a success fee out of your compensation. However, they only do this for claims that succeed, and the Conditional Fee Agreements Order 2013 puts a cap on how much your solicitor can charge.
Speak To One Of Our Advisors
If you have further questions about the process of claiming compensation, speak to our team using the following contact details. They can explain the claims process and offer advice about the merits of your potential claim. For a free consultation:
- Fill out the ‘online form’ on our website
- Call us on 0800 408 7825
- Talk to our team via the chatbox below
Further guides that may be of use:
- No Win No Fee serious injury claims
- Pedestrian accident claims against drivers
- Vulnerable road user accident claims
Some more information below:
To learn more about seeking compensation for nerve damage after a car accident, speak to our team of advisors.
Article by OO