A Guide to Claiming Nerve Injury Compensation
Updated: Sep 2, 2019
The following article sets out what you need to know about making a nerve injury compensation claim.
Do I have a nerve injury claim?
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.
A nerve injury claim should be possible if:
- the injury was diagnosed in the last 3 years (longer if children were involved)
- someone else was to blame
- the other person owed you a 'duty of care'.
Even if you do met the above criteria, however, some solicitors may not take on your claim for other reasons.
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.
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.
You can also find out if you have a claim with our Online Claim Checker.
What if it was a criminal incident?
If your Nerve Injury injury resulted from a criminal incident, you can pursue a claim via the Criminal Injuries Compensation Authority (CICA). The CICA must receive your application within 2 years of the Incident Date.
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.
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.
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.
See a list of what you can claim for:
Examples of special damages include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Find out what your claim could be worth now
Assessing a claim's value at the outset can be complicated.
If you would like a FREE claim estimate with no obligation to start a claim, call 0800 612 7456.
Alternatively, our compensation calculator will give you an instant estimate of what your claim is worth.
Caring and sensitive support
Your solicitor will handle your nerve injury case 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.
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.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
If you are thinking of making a work accident or injury claim, there are some key points to be aware of:
In a road accident
If you are thinking of making a road accident claim, there are some key points to be aware of:
In a public place (e.g. supermarket, pavement)
If you have been injured in a public place, there are some key points you need to be aware of:
According to the latest figures published in 2019, there were over 17,000 clinical negligence claims in the year 2016-17. This increase is largely down to an overstretched NHS.
If you are thinking of making a medical negligence claim, there are some key points to be aware of:
Other claim types
Find details on another type of claim:
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.
How can Quittance help?
Our highly experienced panel of solicitors have an excellent track record of winning injury claims. Your solicitor will fight for the best possible compensation settlement for you.
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
No Win, No Fee
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 will my claim take?
The length of time needed to secure compensation can vary considerably.
For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.
Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.
Taken from average case times, this table sets out approximately how long personal injury claims take to settle:
Personal injury claim type
Estimated claim duration*
4 to 9 months
6 to 9 months
12 to 36 months
12 to 18 months
6 to 9 months
3 to 4 months**
12 to 18 months**
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by Quittance’s 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 interim compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim interim compensation payments.
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
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.
Read more about this Quittance Legal Expert