A Guide to Claiming Nerve Injury Compensation
If your life, or the life of a loved one, has been affected by a nerve injury we can help.
The purpose of this guide is to help anyone who has suffered a nerve injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
The consequences of nerve damage
The nervous system is primarily comprised of the central system (brain and spinal cord). The nervous system also includes the peripheral system (body-wide), which is responsible for pain and touch, muscle control and automatic functions such as blood pressure.
If any of the central nerves are damaged, the results can be severe, including paralysis. However, damage to the peripheral nerves can also lead to significant physical suffering.
According to the NHS, common symptoms of people affected by peripheral nerve damage include:
- Numbness and tingling in the feet or hands
- Burning, stabbing or shooting pain in affected areas
- Loss of balance and co-ordination
- Muscle weakness, especially in the feet
Nerve damage tends to affect the extremities of the body first, for example, the hands, feet, arms and legs.
The pain and sensations can be constant, or they can fluctuate. But whatever the extent or outcome, they often impact significantly on a person's life - not only physically, but also psychologically and financially.
Do I have a nerve injury claim?
You should be able to make a nerve injury claim if your injury happened:
- in the last three years, and;
- someone else was at fault, and;
- that person owed you a duty of care.
Find out if you have a claim with our Online Claim Checker:
Are there any exceptions?
Even if these two points don't apply to you, you may still be able to make a claim.
To get an impartial answer, speak to a legally trained adviser on 0800 612 7456.
A brief phone consultation will tell you exactly where you stand. You will be under no obligation to start a claim with Quittance.
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a nerve injury claim on their own behalf.
Can I still claim if I didn't report the nerve injury?
If you did not report the accident it can make it more difficult to pursue a nerve injury claim, but a claim may still be possible. This will depend on the circumstances of your case and on the other evidence available.
The amount of money you could claim for your nerve injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your nerve injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a nerve injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
How is compensation calculated if I have multiple nerve injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a serious nerve injury can be £19,000
For a less severe scarring, in isolation, you would typically receive £3,500.
However, if you have a serious nerve injury and a less severe scarring, you would typically receive £19,000 + a reduced percentage of £3,500.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries.
What is the average injury compensation for a nerve injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a nerve injury will depend entirely on your specific circumstances.
Your nerve injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a nerve injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Nerve injury compensation calculator
Calculating how much compensation you can claim for a nerve injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your nerve injury claim could be worth now:
How long does a nerve injury claim take?
The length of time needed to secure compensation for a nerve injury can vary significantly.
A simple liability accepted injury claim can settle in a matter of weeks. If liability is denied, however, a claim can take substantially longer. Normally an injury claim takes 4 to 9 months. For more information on how long your claim could take, read:How long will my claim take?
Will I still be able to claim for a nerve injury after the law changes in April 2020?
The law relating to personal injury claims is changing in April 2020.
You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).
In addition, compensation for whiplash and other soft-tissue injuries will be reduced.
Caring and sensitive support
Your solicitor will handle your nerve injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
Will I get advice on treatment options?
As part of the nerve injury claims process, your solicitor can arrange a thorough and independent needs assessment. The assessment may offer advice on treatment, access to treatments and therapies not always available on the NHS and co-ordination with rehabilitation providers, occupational therapists, physiotherapists etc
Nerve damage compensation claims and medical negligence
Claiming a medical professional or an institution such as a hospital may seem daunting. With the right legal advice and support, however, you can confidently assess your options, and choose the path that is best for you.
An experienced, specialist solicitor will clearly explain how the claims process works. Your solicitor will answer any questions you may have and will guide you through every step of your nerve damage compensation claim.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee, no risk
No win, no fee means that your solicitor will not charge you anything at all if your nerve injury claim is unsuccessful. 'No win, no fee' is also called a 'Conditional Fee Agreement' or 'CFA'.
No win, no fee guarantee
Our no win, no fee guarantee means there is no financial risk in making a nerve injury claim - even if you don't win your claim.
What do I pay if I win my nerve injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my nerve injury claim?
If your nerve injury claim is not successful then you will not have to pay any fees.
Why do most solicitors charge 25%?
25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. nerve injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. In some cases our solicitors can work on a reduced success fee. Call us for more information.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:Call me back
if you can claim
to start a claim
Nerve injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a nerve injury claim?
In general, you have a time limit of up to 3 years from the date of the nerve injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your nerve injury claim becomes 'statute barred'.
Can I claim for a nerve injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim nerve injury compensation.
In reality, there are a number of factors that can affect whether a nerve injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert