Nerve injury compensation claims - Introduction

Updated: October 8, 2018

Nerve damage can cause significant pain, discomfort and even physical disability. Treatment and recovery can be a long and sometimes difficult process.

If you have suffered nerve damage due to the negligence of a medical professional or another third-party, you may be entitled to claim compensation for your nerve injury.

Nerve damage compensation claims and medical negligence

Making a claim against 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 lawyer will answer any questions you may have and will help you through every stage of your nerve damage compensation claim, so you can focus on your recovery and rehabilitation.

Nerve injury treatment
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The consequences of nerve damage?

The nervous system comprises primarily of the central system (brain and spinal cord). It 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.

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Do I have a claim for a nerve injury?

However your nerve injury occurred, if the damage was caused by the actions of a third party and that party owed you a duty of care, you will usually be entitled to make a claim for compensation.

Damage to the nervous system can occur for a number of reasons including certain medications and conditions like diabetes. One of the most common causes, however, is physical trauma. This can be caused by car accidents, falls or fractures.

Unfortunately injury to the nervous system can also occur during medical procedures carried out by trained professionals. Amongst the highest number of accidents leading to nerve damage occur during surgery.

Any surgical procedure poses a risk. Reasons for nerve injury in surgery include:

  • Scalpel incisions
  • Prolonged exposure to other surgical equipment
  • Bruising of the nerve
  • Prolonged stretching or compression of tissue surrounding the nerve
  • Incorrect positioning of the patient

Nerve injury can also occur during other medical procedures such as: child birth; taking blood; administering injections including local anaesthesia or anti-blood clotting medications.

Medical professionals have a ‘duty of care' to ensure they look after their patients to the best of their capabilities. They also have accepted best practices to adhere to. When they do not uphold these duties, they become liable.

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The nerve damage claims process

For a person suffering nerve injury which is believed to be the result of third party negligence, the first step, after seeking appropriate medical treatment and advice, is speaking to a legal expert. They will be able to advise on whether or not there is a case.

With significant experience in medical negligence and personal injury cases, Quittance's panel of solicitors can handle all aspects of the compensation process - from advising on and helping to collect relevant evidence to support the case, to working to settle the claim outside of the Courts.

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Calculate my nerve injury compensation

Figures for settlements and Court awards refer to the type and seriousness of the injuries sustained as a result of the accident or illness.

Minimum and maximum amounts for injuries are recommended in the Judicial College guidelines for personal injury awards (formerly the Judicial Studies Board guidelines).

These recommendations are used by insurers and solicitors when making a settlement offer. The Judicial College guidelines are also used in Court to determine awards.

Supplementing the amounts for general damages recommended by the Judicial College, you can include in your claim costs you have incurred during treatment and ongoing care.

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How does No Win, No Fee work with nerve injury claims?

A No Win, No Fee agreement, referred to as a CFA or Conditional Fee Agreement, is an important component of most claims for personal injury compensation.

A CFA defines the contract or "terms and conditions" between your personal injury solicitor and you.

The document sets out the work the solicitor delivers, and crucially, a percentage-based "success fee" that will be deducted from the compensation award after the lawyer wins your case.

You have absolutely no hidden fees when working with a Quittance solicitor. You can focus on your rest and recovery, knowing that there is nothing whatsoever to pay if your case is unsuccessful.

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Nerve damage and road traffic accident claims

Every year almost 200,000* people are injured on Britain's roads. If you have sustained nerve damage following a road accident that was not your fault, you can claim compensation.

Find out more about claiming nerve injury compensation for a road accident: Read more about road accident claims

*Source: Official Department of Transport statistics (gov.uk)

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Accidents at work - Nerve damage claims against your employer

Every year, 600,000* employees are injured in accidents at work. If you have suffered an nerve injury at work, or have developed a condition like carpal tunnel syndrome due to your working conditions, you may able to claim nerve damage compensation.

Find out if you can claim nerve injury compensation from your employer: Read more about work accident claims

*Source: 2016/17 Health and Safety Executive (HSE) report

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Meet the team

The nationwide panel of QLS solicitors carry out the legal work for all types of compensation claim, from fast track claims to catastrophic injury. Our lawyers are selected for their specialist knowledge and their winning track record.

To meet more of our team, click here.

 
Kevin Walker Serious Injury Panel Solicitor
 
Emma Bell Employers and Public Liability Panel Solicitor
 
Shahida Chaudery Complex Injury Claims Panel Solicitor

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If you have been injured and would like to talk to us about making a claim, contact us now for a no obligation discussion. Our expert personal injury solicitors have a 90% success rate and are on hand to help you now.

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Case studies

Serious Injury Solicitor

Rakhi Chauhan secures £80,000 following a road collision with a lorry

The victim was forced off the road when a lorry driver fell asleep at the wheel.

Read more
Serious Injury Solicitor

Kevin Walker obtains £80,000 for a construction worker's catastrophic hand injury

The worker also recieved trauma-specialist physiotherapy, welfare advice and state-of-the-art prostheses.

Read more

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