Claim Compensation For Nerve Damage Caused By A Car Accident

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Nerve Damage Caused By A Car Accident Compensation Claims

By Jo Greenwood. Last Updated 4th June 2024. Suffering nerve damage in a car accident is a potentially painful and debilitating injury. If you sustained your injury in an accident caused by another road user’s failings, you could make a personal injury claim. Our guide will explore this process and show you how you can work with solicitors to make a claim.

The nature of the injuries that people sustained in these accidents varied in type and severity. Additionally, not all accidents were caused by road users acting negligently. Instead, other factors may have contributed, such as weather or road conditions.

However, for you to have a valid claim, negligence must have caused the accident to happen. This guide will look at examples of negligence on the road to help you understand whether you could seek car accident compensation.

If you have any questions whilst or after reading, you can get in touch with our team for further help and advice. All you need to do is use any of the following details below:

  • Telephone – 0800 073 8804
  • Chat with an advisor using the live chat box for instant advice
  • Fill out the contact form, and an advisor will get back to you

a woman sitting in a car after suffering nerve damage after an accident

Select A Section

  1. What Is Nerve Damage Caused By A Car Accident?
  2. What Types Of Nerve Damage Can A Car Accident Cause?
  3. Can I Claim For Nerve Damage After A Car Accident?
  4. Do I Need Evidence To Claim For Nerve Damage?
  5. Is There An Average Payout For Nerve Damage After A Car Accident?
  6. Can I Claim For Financial Losses As Well As Nerve Damage?
  7. How Legal Expert Can Help You Claim Compensation 
  8. Start Your Claim For Nerve Damage Caused By A Car Accident
  9. Essential References

What Is Nerve Damage Caused By A Car Accident?

Nerve damage can also be referred to as peripheral neuropathy. It’s a type of injury that results in nerves becoming damaged within the peripheral nervous system. According to the NHS, there are an estimated 1 in 10 people aged 55 or over suffering from nerve damage in the UK.

There isn’t one single cause, but it is often related to diabetes and other health conditions. However, it may also be caused by physical trauma such as a car crash. The following are examples of how you may have suffered nerve damage in a car accident:

  • Another driver crashed into the back of you when stopped at a junction after they failed to slow down because they were looking at their phone. As a result, you suffered a pinched nerve in your shoulder.
  • Someone crashed into the side of you after failing to check their mirrors when changing lanes. This resulted in you sustaining whiplash and a trapped nerve in your neck, amongst other injuries.

In both cases, you were owed a duty of care by the other road user. Because they failed to drive with the correct level of competence, you suffered harm. This is an example of negligence, and, as a result, you may be able to claim.

For further information on understanding whether you hold a valid claim, call our team on the number above.

Will the Whiplash Reform Programme affect my claim?

The Whiplash Reform Programme 2021 has introduced changes to claims made for whiplash injuries sustained by a passenger or driver, over the age of 18, in a car accident.

The changes made mean that if your injuries are valued at less than £5,000, you must make your claim through the government’s online portal.

However, you still have the right to seek legal representation. Furthermore, if you’re unsure how much your claim is worth, you can speak to one of our advisors for a free valuation.

Alternatively, if your injuries are valued at more than £5,000, your claim doesn’t need to be made through the government portal. Instead, you can make your claim the usual way, with or without a solicitor.

For more information, please speak to our team using the number at the top of the page.

What Types Of Nerve Damage Can A Car Accident Cause?

The following section will explore several nerve damage injuries you could sustain in different car accidents. Furthermore, the examples we have included show how negligence may have been involved in each incident.

Whiplash Injuries

A whiplash injury may affect the head and neck, which are often vulnerable to injury in road accidents. It can occur in several types of car crashes, usually those involving you being thrown about on impact. For instance:

  • Being hit from behind, whilst waiting at a junction, by another car paying little attention to the road.
  • Another car crashing into the side of you after failing to check their mirrors when overtaking.

As we have mentioned already in this guide, the Whiplash Reform Programme could affect the channel you go through to make your claim. For more information, call our team on the number at the top of the page.

Herniated Disc Injuries

A herniated or slipped disc occurs when one of the soft cushions between the bones in your spine moves out of place. This could happen in a high impact car accident, such as:

  • A head-on collision caused by another driver failing to check the road was clear before overtaking on a country lane.
  • A rear-end accident caused by another driver failing to slow down at a set of traffic lights due to being on their phone.

Pinched Nerves

A pinched nerve can occur as a result of a herniated disc injury. It’s usually a result of the surrounding tissues causing pressure to build on the nerve and disrupting its functions.

This could happen after suffering a spinal injury in a multi-car pile-up caused by dangerous driving on the motorway.

Other Types Of Nerve Injuries

In addition to the above nerve damage injuries, there are others, including:

  • Neuropraxia: This is often caused by a traumatic blow to the head, neck, shoulders, or back. It may result in symptoms such as a burning sensation and muscle weakness in the affected area. It happens when there is a temporary loss of function because the nerve’s conduction is blocked. It’s usually temporary.
  • Axonotmesis: This refers to an injury to one of the peripheral nerves in one of the body’s extremities. The symptoms may vary depending on the specific nerves that are damaged.
  • Neurotmesis: This is often the result of a forceful impact that results in a laceration cutting through the nerve. It’s the most serious category in Seddon’s classification of nerve injuries.

No matter what type of nerve damage you’ve suffered, we understand the impact this kind of injury could have on your quality of life. Not only could this kind of injury affect you physically, but the presence of chronic pain caused by nerve damage could cause mental health issues like depression.

If you have evidence that someone else’s negligence caused you to suffer nerve damage in a car accident, call our team. They can help you better understand the process of seeking compensation. If your claim has a good chance of success, you could be connected with one of our solicitors.

Can I Claim For Nerve Damage After A Car Accident?

If you’d like to claim compensation for nerve damage after a car accident, there are certain criteria you need to meet. These are:

  1. Someone who owed you a duty of care, like another driver, breached their duty
  2. Because of this breach, you suffered a nerve damage injury

In most cases, establishing a duty of care is easy. The difficult part can be proving breach of duty. However, in simple cases, like rear end accidents, proving fault is straightforward.

It’s also necessary to prove that your nerve damage injury was caused by the accident, or that it at least contributed to it.

How Long After A Car Accident Can I Claim For Nerve Damage?

You must start your nerve damage claim within a certain time limit. As per the Limitation Act 1980, this will generally be set at three years from the date of your accident.

Someone under the age of 18 suffering from nerve damage after a car accident will not be subject to this time limit. As they will not be able to start a claim for themselves, they will not face a time limit until they turn 18. At this point, they will have three years to start their claim, with their time limit expiring on their 21st birthday. A litigation friend could be appointed to act as their representative and start their claim before their 18th birthday.

A similar exception can be made for people who lack the mental capacity to represent themselves in a claim. A litigation friend could start a claim on their behalf, or they will have three years from when they are deemed mentally capable of doing so to start their claim.

You can reach out one of our advisers for more information how to claim for nerve damage caused by a car accident.

Do I Need Evidence To Claim For Nerve Damage?

If you are eligible to claim compensation for nerve damage caused by a car accident, you will need evidence to support your claim. Sufficient evidence could prove that someone else was liable for the accident. Furthermore, it could prove the type and severity of the injuries you sustained.

Some examples of evidence you could collect to support your claim include:

  • Video footage of the car accident, such as CCTV or dashcam footage.
  • Photographs of the accident scene and your injuries.
  • Contact details of anyone who witnessed the accident who could provide a statement later on.
  • Your medical records, which state the injuries you sustained and the treatment you needed.
  • Evidence of financial expense or loss caused by your injuries, such as payslips, receipts and bank statements.

You can contact our advisors to discuss the evidence you might need to claim for nerve damage. Our car accident compensation advisors could assess your case to see if one of our solicitors could help you with your claim.

Is There An Average Payout For Nerve Damage After A Car Accident?

The compensation package you’re awarded may comprise general and special damages.

General damages allow you to seek compensation for the pain and suffering caused by your injuries. They also consider how severe the injuries are, the impact they’ve had on your quality of life, and the long-term impact they may have.

In order to accurately value your injuries, you will require medical evidence. This can include medical reports from your doctor or a specialist who is treating you.

These can provide details on any diagnosis the doctor gave you as well as any treatment they prescribed you. Additionally, you may also need to attend an independent assessment to provide a report on your current condition. This assessment will also be used to confirm that your injuries were caused by your accident.

Alongside any evidence, the Judicial College Guidelines (JCG) may also be used to help value your claim. We have used the JCG to create a compensation table detailing nerve damage injuries and how much you could be awarded. You can also use our compensation calculator to value your claim.

However, as each claim is valued using unique medical evidence, your compensation settlement figure may differ from those in the table. For that reason, you should only use these figures as a guide.

If your injury isn’t listed or you have any questions about how your car accident compensation may be calculated, please call our team. They can provide an estimate of how much compensation you could receive.

Edit
Type of nerve damage injury Further details Award
Back Severe: (i) Spinal cord and nerve root damage that results in permanent issues with severe pain and may cause disability such as partial paralysis with impaired function of the bladder and bowel. £91,090 to £160,980
Back Severe: (ii) Nerve root damage leading to other issues such as sensation loss and affected mobility. £74,160 to £88,430
Back Moderate: (i) A damaged intervertebral disc alongside irritation of the nerve root and an impact on mobility. £27,760 to £38,780
Complex Regional Pain Syndrome (CRPS) Severe – with a poor prognosis. Ability to work will be eliminated or greatly reduced. £52,500 to £84,010
Complex Regional Pain Syndrome (CRPS) Moderate – With significant impact but a better prognosis, or where symptoms have persisted for years but fluctuate in intensity. £28,030 to £52,500
Leg Less serious: (i) Soft tissue injures affecting one or both legs that may result in lower limb nerve damage. £17,960 to £27,760
Thumb A serious thumb injury such as nerve damage or a fracture that causes sensitivity. £12,590 to £16,760
Nose Fractures of the nose or nasal complex: (i) Injuries where there are multiple serious fractures affecting the nerves in the surrounding area. £10,640 to £23,130
Thumb A moderate thumb injury such as tendon or nerve damage that affects both function and sensation. £9,670 to £12,590

Can I Claim For Financial Losses As Well As Nerve Damage?

As part of your personal injury claim, you have the right to seek compensation for your financial losses under special damages. This may include any past and future monetary losses that you’ve incurred as a direct result of your injuries.

For example, if you were unable to work or required extra care while recovering, you could claim the loss of earnings or care costs as part of your compensation.

Other examples of special damages might include:

  • Loss of pension
  • Loss of attendance bonus in work
  • Missed promotion
  • Care costs for someone who is dependant on you, e.g. a child or elderly parent
  • Travel expenses, e.g. getting to and from medical appointments
  • Medical expenses, e.g. walking aids, physiotherapy, or counselling

However, you must have evidence to show any losses. This could be in the form of receipts, invoices, or payslips for work. If you can’t prove your financial losses, it could be difficult for you to claim them back.

If you have any questions regarding what you can claim after sustaining nerve damage in a car accident, get in touch with our team.

How Legal Expert Can Help You Claim Compensation

You could seek legal representation through the option of a No Win No Fee agreement. This means that you won’t be asked to pay any upfront or ongoing fees. Furthermore, you won’t be asked to pay solicitor fees if your solicitor fails to win your claim.

If your solicitor is successful, you will need to pay a success fee. Your solicitor will deduct this from your total compensation package. However, they will make you aware of the legally capped percentage they take before starting your claim.

All of our expert solicitors operate on this basis and have experience handling similar cases. If you hold a valid claim, an advisor can connect you with a solicitor to get started with your claim.

See below for how our process works and how you can get in touch.

Start Your Claim For Nerve Damage Caused By A Car Accident

No matter whether you need further clarification or you’re ready to submit your claim, our team is available to help by:

  • Assessing whether you hold a valid claim
  • Providing an estimate of what your car accident compensation is worth
  • Using their expert knowledge of personal injury claims to answer your questions
  • Connecting you with a solicitor to work on your case

So, why not get in touch on the following to get one step closer to seeking the compensation you deserve? You can get in touch by:

  • Telephone – 0800 073 8804
  • Chatting with an advisor using the live chat box for instant advice
  • Filling out the contact form, and an advisor will get back to you

Essential References

See the government website for more road accidents and safety resources.

Visit the NHS resource, which provides further information on nerve damage.

For more information on road safety laws, see Think.

Our guide explores the process of claiming compensation for a road traffic accident injury.

If someone else’s careless driving killed your loved one, our guide could help you understand your rights to seek compensation on their behalf.

For guidance on making a pedestrian accident claim, see our guide.

We also have some other guides on car accident claims that you may find useful:

Thank you for taking the time to read our guide on claiming compensation after suffering nerve damage in a car accident.

Guide by Mitchell

Edited by Stocks

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    • Patrick Mallon legal expert author

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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