The nervous system acts as the body’s messaging network, relaying signals between your brain and the rest of your body. Any damage to the nervous system can have a profoundly negative impact on your health and well-being. If you’ve experienced a nerve injury in an accident which was not your fault, then you might be wondering what factors can influence how much compensation for nerve damage someone can get. Continue reading to find out.
Key Takeaways
- The nervous system is made up of the central nervous system and the peripheral nervous system.
- The effects of nerve damage can include tingling, numbness, weakness, muscle pain, and even disrupted organ function.
- You could claim compensation if injured at work, on the road, in a public place, or due to substandard medical care.
- Your compensation can cover your pain and suffering as well as any related financial impact.
- Our panel of solicitors provide a nationwide service, have decades of combined experience, and are experts in helping people to claim compensation.
Please contact our advisory team if you have suffered a nerve injury and believe you have a valid case to claim compensation:
- Phone our advisors on 0800 408 7826.
- Tell an advisor what happened over our live chat.
- Complete our form to contact us.
Jump To A Section
- How Much Compensation For Nerve Damage Could I Get?
- What Special Damages Could Be Awarded For Nerve Damage?
- Can I Make A Claim For Nerve Damage Compensation?
- What Accidents Could Result In Nerve Damage Being Sustained?
- How Can I Make A Claim For Nerve Damage Compensation?
- Get Help From How Much Compensation For Nerve Damage Claims
- Learn More
How Much Compensation For Nerve Damage Could I Get?
In line with the Judicial College Guidelines (JCG), compensation for cases of tetraplegia could be awarded between £396,140 and £493,000. The JCG is a resource used by those involved in assessing general damages, which covers a great range of injuries based on their severity and type. That is because the publication pairs suggested compensation brackets for those injuries.
Compensation for nerve damage may also include special damages, covering the financial impact of those injuries.
The amount of compensation for nerve damage you could be awarded may be dependent on:
- What type of nerve damage or other injury you suffered.
- How serious the nerve damage is.
- Whether there is any lasting impact, such as on mobility.
Each case is individually assessed, with these factors taken into account. Below, we have included a table featuring some JCG brackets. These are purely for guidance purposes and do not guarantee compensation. Please be aware that the headline figure does not come from the JCG.
| Injury | Severity | Notes | Damages |
|---|---|---|---|
| Multiple very severe injuries + special damages | Very severe | Multiple very severe injuries and special damages - e.g for lost earnings and private medical treatments. | Up to £1,000,000+ |
| Paralysis | Tetraplegia (AKA quadriplegia) | Factors influencing mid-level awards include claimant not being in physical, having full awareness of disability, and retaining speech, hearing, and sight - albeit with a need for help with bodily functions. | £396,140 to £493,000 |
| Back injuries | Severe (i) | Severe spinal cord and nerve root damage. That will result in features like severe pain and incomplete paralysis. | £111,150 to £196,450 |
| Severe (ii) | Features can include damage to the nerve root, coupled with loss of sensation and impaired mobility. | £90,510 to £107,910 | |
| Moderate (i) | Examples include cases of compression/crush fracture affecting the lumbar vertebrae, leading to substantial osteoarthritis risk, constant pain and discomfort. | £33,880 to £47,320 | |
| Facial injury | Fractures of nose or nasal complex (i) | Involving fractures that are serious or multiple in number, requiring procedures and/or causing issues like permanent airway damage and difficulty breathing. | £12,990 to £28,220 |
| Shoulder injuries | Severe | Such as those associated with brachial plexus injuries, causing significant disability. | £23,430 to £58,610 |
| Serious | Cases include lower brachial plexus damage, resulting in shoulder/neck pain and issues like aches in elbow and sensory symptoms exhibited in forearm/hand. | £15,580 to £23,430 | |
| Hand injuries | Serious thumb injury | Cases include nerve damage to the thumb. | £15,370 to £20,460 |
| Moderate thumb injury | Bracket features injuries that cause damage to the nerves. Effects cause function/sensation impairment, as well as cosmetic deformity. | £11,800 to £15,370 |
Learn more about how to use a nerve damage compensation calculator and the claims process in general by contacting our team of advisors today.
What Special Damages Could Be Awarded For Nerve Damage?
Special damages for nerve damage can cover financial costs related to expenses like private medical treatments and care. Provided that they are provable and a direct consequence of your injuries, you could claim for financial losses like:
- Medical expenses, such as prescriptions and private surgeries.
- Therapy and other mental health services.
- Professional care or support from loved ones. For instance, your nerve injuries may mean you need assistance with cooking or cleaning.
- Home modifications to improve accessibility and accommodate the effects of your nerve damage.
- Lost income and earnings. That may include wages, entitlement to overtime, contributions to your pension, etc. In some cases, if you are no longer able to work, special damages may reflect future lost earnings.
Sufficient evidence must be provided in order for nerve damage claims to take these costs and losses into account. You could use evidence such as:
- Payslips from your employer, agency or records of self-employed income.
- Estimates for home modifications.
- Invoices or receipts for expenses such as special equipment and extra childcare.
If you have an eligible case, one of the personal injury solicitors from our panel can assist you in collecting evidence to prove your financial losses. Contact our advisor team today for help with your nerve damage compensation claim.
Can I Make A Claim For Nerve Damage Compensation?
You could make a claim for nerve damage compensation if your injury was caused by another party’s negligent conduct. In general, to claim nerve damage compensation, you need to show that:
- Another party had a duty of care to you.
- This party breached their duty of care to you.
- You suffered a nerve injury as a result of the breach.
A duty of care refers to the responsibility that a third party has towards the safety and well-being of another. There are various circumstances in which different parties may owe you a duty of care. Later in this guide, we will explore some of these circumstances and the legislation under which you may be owed a duty of care.
Am I Able To Claim On Behalf Of Family Members?
You may be able to claim on behalf of family members who are unable to do so themselves because they are:
- Under 18, as minors are not eligible to file a personal injury claim independently of others.
- Do not have the mental capacity to claim for themselves.
In these instances, a family member (or other suitable adult) may step in to act as a litigation friend. This is a person whom the court appoints to act on behalf of the claimant. Later on in this guide, we’ll discuss the role that litigation friends have in relation to time limits (the deadline for starting a claim).
Contact one of our advisors today to find out more and get help with making a nerve damage compensation claim.
What Accidents Could Result In Nerve Damage Being Sustained?
There are many types of accidents which could result in someone sustaining nerve damage. Below, we look at examples of accidents in which someone could suffer nerve damage, as well as the legislation under which a third party may have breached their duty of care.
Road Traffic Accidents
Every road user has a duty of care to each other, including pedestrians, cyclists, motorcyclists, and motorists. That duty involves them using roads in a way that avoids causing injury to one another (as well as to themselves). They must also abide by and adhere to the Highway Code and the Road Traffic Act 1988. If they fail to do so, they may be held liable for any injuries caused in a road traffic accident.
- Example: A driver fails to check for passing vehicles and cyclists when approaching a stop sign at a junction. They proceed across the junction, directly striking the cyclist side-on. This causes the cyclist a back injury, which compresses the nerves in their lower back.
Accidents At Work
Your employer must take reasonable steps to ensure your safety, health, and well-being in the workplace. This duty of care is set under the Health and Safety at Work etc. Act 1974. The failure to comply with this act and other relevant workplace legislation may breach an employer’s duty of care and result in injuries.
- Example: While working in a warehouse, you are struck on the shoulder by goods that had been poorly secured at height. This impact leaves you with a brachial plexus shoulder injury, damaging the nerves. Warehouse management was aware of the issues but failed to provide staff with appropriate training on how to store goods safely.
Public Place Accidents
The party controlling a public space, whether an individual, group or organisation, is known as an ‘occupier.’ Their duty of care is established by the Occupiers’ Liability Act 1957, which requires that reasonable steps be undertaken to ensure visitors to a space are kept reasonably safe.
- Example: A shopping centre fails to place a hazard warning sign indicating that a leak has occurred. Subsequently, a visitor slips on the wet floor and injures a disc in their back, compressing nerves that lead to the arm.
Surgical Errors
All medical professionals must provide their patients with the correct standard of care. That is their duty of care, which also extends to facilities like hospitals. If they provide substandard care, resulting in otherwise avoidable harm, there may be grounds to claim compensation:
- Example: A surgeon uses an improper technique while distracted during a procedure, severing a nerve that leaves their patient with permanent mobility issues.
Dental Nerve Damage
Dentists are expected to provide a level of care that meets minimum standards. The failure to do so where a patient suffers unnecessarily may be considered dental negligence.
- Example: A dentist extracts an otherwise healthy tooth from a patient when they misread pre-op imaging scans. The mistaken tooth extraction also causes nerve damage, which leaves the patient struggling to eat and speak.
These are just a small selection of examples of when nerve damage claims can be made. To share your own experience, please don’t hesitate to reach out to our advisory team today.
How Can I Make A Claim For Nerve Damage Compensation?
To make a claim for nerve damage compensation, you need to have sufficient supporting evidence and ensure you pursue compensation within the correct time limit.
In general, personal injury claims are subject to a limitation period or time limit. Typically, you have 3 years to start a claim under the Limitation Act 1980, dated to when an incident occurred. However, that act makes exceptions to this timeframe for minors and mentally incapacitated adults.
As we’ve already highlighted, neither group can claim independently, so time limits are paused unless:
- A minor turns 18.
- An adult regains mental capacity. If that happens, then the 3 years apply from the date of recovery.
In both cases, a claim may be brought at any point during the time limit pause by a litigation friend. You can refer to our earlier section for further information on this role.
Evidence
You will need as much evidence as possible, which shows the nerve injury you sustained, the cause of it, and how a third party was at fault. Our panel of solicitors are experts at helping gather evidence for their clients, and have found the following to be effective in proving claims for nerve damage injuries:
- Your medical records showing what type of nerve damage you sustained, how serious it is, and your prognosis for recovery.
- Results of a medical examination. If you choose to make a nerve injury claim with a solicitor, they may ask you to be examined by an independent medical professional.
- Any video footage of the accident taking place, such as public or workplace CCTV or dashcam footage.
- Official reports, including those in a workplace or public accident report log, or road traffic accident reports made to the police.
- The contact details for anyone who witnessed the incident take place. A solicitor may request that they provide a statement for your claim.
Contact our advisory team if you are unsure how long you have to make a claim or would like to find out more about how one of the solicitors from our panel can help collect evidence.
Get Help From How Much Compensation For Nerve Damage Claims
You can get help from How Much Compensation for nerve damage claims by reaching out to our advisors. They can review your case and help determine if you are eligible to claim, and then put you in touch with one of the solicitors from our panel.
Our panel of solicitors offer a range of cutting-edge services to make the process of claiming as smooth an experience as possible for their clients. They can help by:
- Being your point of contact for all correspondence related to your claim.
- Negotiating compensation on your behalf to ensure the settlement fully reflects the impact of your injuries.
- Putting you in touch with specialists to assist your recovery following nerve damage, ranging from psychologists to occupational therapists and physiotherapists.
- Leaving no stone unturned to identify and help obtain any piece of evidence that can strengthen your claim.
- Providing straightforward, transparent advice and answers to any questions you have about the claims process.
All the services provided by our panel of solicitors are offered on a No Win No Fee basis, specifically under a Conditional Fee Agreement (CFA). This arrangement ensures that there are:
- No solicitor fee payments in advance of your claim.
- No solicitor fees to pay during the claim.
- Zero solicitor fees if your claim loses.
If you win, you’ll pay a small success fee to your solicitor for the work they’ve done on the case. This fee is kept small as it’s a capped percentage of your compensation, ensuring you keep the bulk of what you get.
Contact Our Expert Nerve Damage Advisors
If you’re ready to get started, contact our advisors today for expert guidance on nerve damage claims:
- Sending the details of your case via our contact form.
- Talking to us live online.
- Calling now on 0800 408 7826.
Learn More
Learn more about how to claim nerve damage compensation or how such injuries could impact you in these resources.
- Here we look at how much compensation you could claim for a crane accident.
- Check how to claim for a factory accident in this guide.
- Learn more about bicycle accident claims in this guide.
References:
- Report an issue to the Health and Safety Executive (HSE), the UK’s workplace safety regulator.
- Learn more about first aid treatment in the NHS resource.
- Read about peripheral neuropathy in this NHS guide.
We hope our guide helped explain the factors that can determine how much compensation for nerve damage someone might receive.
