How To Sue For Nerve Damage Compensation

When questioning how to sue for nerve damage compensation, you need to consider whether you meet the following eligibility criteria:

Another party owed a duty of care to you
They did not fulfil their duty
You experienced a nerve damage injury as a result

In short, a duty of care is the obligation an organisation or individual (like a motorist) has to protect others. How this duty is met can vary, which we explore later on in this guide with some examples of common nerve damage claims.

If you’re unsure whether your claim is valid, the best thing you can do is reach out to our team. They’re available 24/7 and can provide free advice tailored to your situation.

Nerve Damage Compensation Calculator

Your nerve damage compensation can be divided into 2 parts, the first of which is general damages. These damages compensate for suffering and pain, and take factors like disability and impact on mental health into account.

When assessing general damages, solicitors may read the Judicial College Guidelines (JCG). This document collates guideline compensation brackets for different types and severities of injury.

We have included some JCG brackets in the table below, but the first figure isn’t from the document. As no two claims are alike, this table is only here for guidance, meaning there is no guarantee of the compensation you might receive.

Type of Injury	Severity	Compensation bracket
Multiple severe injuries and financial losses, such as professional care costs	Severe	Up to £1,000,000+
Paralysis	Tetraplegia	£396,140 to £493,000
	Paraplegia	£267,340 to £346,890
Brain	Very severe	£344,150 to £493,000
	Moderately severe	£267,340 to £344,150
Epilepsy	Established grand mal	£124,470 to £183,190
Back	Severe (i)	£111,150 to £196,450
	Severe (ii)	£90,510 to £107,910
	Moderate (i)	£33,880 to £47,320
Hand	Serious injury to the thumb	£15,370 to £20,460

Special Damages

Additionally, you may also receive special damages. These cover the financial impact associated with your injuries, so long as you have evidence like bank statements and invoices. Examples include:

Lost income due to time taken off work
Adjustments to your vehicle or home, such as handrails or a swivel chair for your car
The cost of professional care. For instance, you may need assistance with daily tasks or errands
Medical expenses, including treatments, physiotherapy, and occupational therapy
Therapy or other support services if your mental health was also affected

If you have any questions about nerve damage compensation, you are welcome to reach out to our team of advisors at any time for a free case assessment.

Common Examples Of Nerve Damage Claims

There are many different situations for which you could claim nerve damage compensation. Keep reading for some examples.

Nerve Damage After An Accident At Work

Your employer has a duty of care to take certain reasonable measures to ensure your health, safety, and wellbeing in the workplace. This obligation is laid out by the Health and Safety at Work etc Act 1974 and can be met by doing things like regularly inspecting machinery and performing risk assessments. An example of a valid accident at work claim includes:

Your company doesn’t provide you with any training for lifting heavy boxes. Despite this omission, management instructs you to manually handle a package in your store, causing you to seriously injure your back and suffer nerve damage

Road Traffic Accident Caused Nerve Damage

You may also be eligible to claim compensation if your nerve damage was caused by a road traffic accident. Everyone has a responsibility to navigate the road in such a way as to avoid causing injury to each other, including themselves.

As part of this duty of care, various rules and regulations must be followed, as set out by the Highway Code and Road Traffic Act 1988. This duty applies to all road users, from drivers and motorcyclists to cyclists and pedestrians. You might be able to begin a claim for compensation if:

A drink driver loses control of their vehicle and crashes into your car. The rear-end collision damages the nerves in your neck, leaving you with permanent mobility issues

Damaged Nerves From An Accident In Public

There are also laws in place regarding your safety when using a public space. Due to the Occupiers’ Liability Act 1957, an occupier is required to take practical steps to help ensure people visiting a public space are kept reasonably safe.

Under this legislation, an occupier refers to somebody who is in control of a space, such as a supermarket or restaurant. See below for an example of a valid public liability claim:

Gym management chooses not to repair or remove a leg machine that they knew to be faulty. Subsequently, you find your limbs get trapped when it malfunctions, causing severe crush injuries and nerve damage

Nerve Damage After Surgery

When medical professionals treat you, they are required to provide a standard of care that meets minimum expectations. For instance, the General Medical Council (GMC) provides resources for doctors to keep their knowledge up to date.

If you suffer unnecessary harm because of a medical professional’s negligent actions or omissions, you may be able to claim compensation. You could claim for surgical negligence if:

A surgeon severs your facial nerve during a cosmetic surgery procedure when they improperly use a surgical instrument. This error leads to partial facial paralysis and causes long-term mental health problems

However, not every instance of harm is avoidable or caused by negligent conduct. You can get more information about medical negligence claims from our team of advisors. This is a great opportunity to address any questions about how to sue for nerve damage compensation.

The Long And Short-Term Impacts Of Damaged Nerves

The effects of nerve damage can vary in severity and duration. In the short- and long-term, nerve damage can lead to symptoms such as:

A numb or tingling feeling in the hands or feet
Muscle atrophy
Burning, shooting, or stabbing pain in the affected areas
Headaches
Loss of coordination and balance
Mental impairment and memory loss

Can Nerve Damage Be Serious?

As stated, nerve damage can have drastic physical and psychological consequences, potentially resulting in a loss of sight or hearing. It can even lead to paralysis, as nerve damage may prevent communication between your limbs and the brain.

In turn, nerve damage can affect your quality of life and prevent you from doing the things you once enjoyed, like playing sports. It may also mean you can no longer perform certain jobs, particularly if the damage has caused paralysis or affected your mobility.

To discuss your specific experience, please do not hesitate to contact our advisors. They’re here 24/7 and are always ready to help.

How Can A Nerve Damage Claim Be Proven?

Nerve damage claims need evidence in order to prove a person’s injuries and the negligent actions that caused them. Some examples of evidence include:

A copy of your medical records, which could outline the extent of your nerve damage, the treatments you’ve received, and the effect on your overall health
Contact details of people who may have seen how you suffered nerve damage. They could subsequently be asked to provide a statement in support of your claim
Photographs of your injuries. For instance, you may have skin discolouration due to nerve damage or noticeable wounds caused by a crush injury
Video of the incident, such as CCTV footage or headcam recordings

Proving a claim can be an involved process, so having support with the task of gathering evidence can be advantageous. If you work with a solicitor from our panel, you’ll have help from the outset with securing evidence for your claim.

You can get more information about our panel of expert solicitors and the evidence that could support your case by contacting our advisory team. Next, in our guide about how to sue for nerve damage compensation, we discuss the question of time limits.

Is There A Time Limit To Suing For Nerve Damage?

As outlined by the Limitation Act 1980, there is a time limit of 3 years in which to begin a personal injury claim, usually from the date of the accident.

However, exceptions may apply in cases where the impacted person cannot make a claim in their own right because they are:

Below the age of 18
Mentally incapacitated

Under these circumstances, the time limit is frozen unless specific conditions are met. Specifically, the standard 3 years will apply from the date of a claimant’s 18th birthday or the date on which a person’s mental capacity returns (if there is a recovery).

However, there is also the option for certain adults to act as a litigation friend to start a claim on someone else’s behalf while time limits are suspended. This role is often filled by loved ones, but can also be assumed by solicitors and other suitable candidates.

If you have any questions regarding time limits or whether you have a valid claim for compensation, do not hesitate to contact one of our advisors. They can discuss the specific details of your case and provide you with tailored advice.

Get Free Advice From How To Sue

As you read this guide about how to sue for nerve damage compensation, you may still have many questions about claiming. If that’s the case, you can reach out to our team 24/7 for free, no-obligation advice whenever is convenient for you.

In addition to that service, our panel of solicitors can also offer No Win No Fee contracts to eligible claimants through a Conditional Fee Agreement (CFA). Signing a CFA means there will be no fees for a solicitor’s services:

Before the beginning of your nerve damage claim
While the claim is underway
If you do not get compensation

However, if you do win, you will pay your solicitor a success fee for their work. This fee comes out of your compensation, but there is a cap in place on the percentage, so you can rest assured that the bulk will stay with you.

Contact Us

You can contact an advisor at any time for more information on the topics discussed in this guide. All advice is free of charge, and there is no obligation to follow up with a solicitor from our panel afterwards. If you are eligible and wish to proceed, an advisor may connect you to a solicitor from our panel to get your compensation journey started.

To find out if you could claim today, reach out using the details below:

Call our advisory team on 0800 408 7827
Speak with an advisor through live chat for an instant reply.
Contact us through our online form.

Learn More

You can visit our other guides below:

Follow our advice on how to sue for eye injury compensation
Read our information on stroke misdiagnosis claims
Learn more about hit-and-run claims

External resources:

Discover whether you could claim Statutory Sick Pay (SSP)
Read advice from the NHS on peripheral neuropathy
Take a look at some NHS nerve damage claim statistics

Thank you for reading this guide, which provides advice on how to sue for nerve damage compensation.

Advice On How To Sue For Nerve Damage Compensation

Find Out How To Sue For Nerve Damage Compensation

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