Have you ever wondered whether you could be entitled to claim compensation after being injured in an accident that wasn’t your fault? In this article, we’ll guide you through the process of how to make nerve damage injury claims and explain how our panel of personal injury lawyers could help you on a No Win No Fee basis. Using an example case study to illustrate, we’ll examine how a claimant secured £19,000 in compensation for nerve damage sustained in an accident at work.
If you’d like a free consultation from one of our specialist advisors, you can do so by getting in touch today. Our team is available 24/7 and you can contact them using the following options:
- Call 0161 696 9685
- Complete a contact us form to get a callback
- Chat using the live support feature on your screen
Select a Section
- A Guide To Claiming Compensation Payouts For A Nerve Damage Injury
- What Is A Nerve Damage Injury?
- How Can You Suffer A Nerve Damage Injury At Work?
- Nerve Damage Injury In A Public Place
- How Can You Suffer A Nerve Damage Injury In A Road Traffic Accident?
- Breakdown Of Personal Injury Compensation Calculation Process
- What Are Special Damages?
- Case Study: £19,000 For A Nerve Damage Injury
- Explanation Of Policies For No Win No Fee Claims
- Discuss Your Claim Under Free Legal Advice
- More Resources And Guides On Nerve Damage Injuries
- Nerve Damage Injury FAQs
In order to have grounds to make personal injury claims, you’ll typically need to be able to prove the following three points:
- A third party owed you a duty of care
- That they failed to uphold, causing an incident
- And you suffered as a result of this incident
In all situations, there is an expectation for us to take as much care of our own safety as we reasonably can. However, if someone else’s negligence results in you suffering an injury, you could be entitled to make a personal injury claim against them.
In this guide, we’ll talk you through the claims process in various contexts, whether you’ve been injured in an accident at work, on the roads or in a public place. We’ll then explain how claims are valued and discuss what types of damage you could be compensated for.
To illustrate how a successful claim for a nerve damage injury could be made, we’ve included an example case study of a £19,000 settlement. Finally, we’ll explain how you could benefit from using the services of a No Win No Fee lawyer and give you some options on how to contact our team today to access this service for yourself.
To begin, please read on to the next section to learn about nerve damage injuries.
Nerve damage can happen in many ways. In the human body, the sciatic nerve is the largest. It starts at the base of the spine where it unifies 5 different nerve roots and runs all the way down to the sole of the foot.
Any damage to the base of the spine has the potential to inflame or trap the sciatic nerve, which could result in the following symptoms of sciatica:
- Burning sensation
- Shooting or stabbing pain
- Tingling or numbness
- Neuropathic pain or ‘lightning strike’ sensation
- Difficulty walking
The ulnar nerve resides near the elbow and can also become trapped or damaged, causing similar pain and discomfort in the upper body. Depending on the severity of nerve damage injuries and the length of time taken to treat them, recovery times can vary. In serious cases, the impact of nerve damage can have devastating consequences on the victim and their quality of life.
For some examples of how nerve damage could be sustained at work, please read on to the next section. In the meantime, why not get in touch with our team of specialist advisors to see whether you could be able to claim compensation for your injury?
You could sustain a nerve damage injury as a result of an accident at work. The following statistics by the Health and Safety Executive help illustrate how common work-related incidents were in recent years:
- 1.6 million people were suffering from a work-related illness (2019/20)
- 693,000 people sustained an injury at work (2019/20)
- 142 workers were killed at work (2020/21)
- 38.8 million working days were lost as a result of work-related illness or injury (2019/20)
If you suffer a work-related accident that wasn’t your fault and you’re injured as a result, you could have grounds to claim compensation. However, you must be able to prove that your employer failed to uphold their duty of care to you, and you suffered as a result. To learn more about this duty, please read on.
What Is An Employer’s Duty Of Care?
Under the Health And Safety At Work etc. Act 1974, all employers have a duty of care which they must uphold to all of their employees. This is a piece of legislation that outlines several expectations to follow, including:
- Ensure that premises are as safe as reasonably possible (Section 2)
- Show the same consideration to all visitors (Section 3)
- Employees must do as much as reasonably possible to keep themselves safe while at work (Section 7)
- Employers can be held responsible for breaching their duty of care (Section 33)
This legislation also outlines certain measures that can be taken to help ensure safety in the workplace, including:
- Regular maintenance checks and repairs
- Displaying appropriate safety signage and guidance
- Providing correct Personal Protective Equipment (PPE) where necessary
- Supervising high-risk tasks
- Providing adequate training
Please see the next section for some examples of how your employer could breach this duty of care. Alternatively, if you’ve been injured in an accident at work through no fault of your own, please get in touch today for a free consultation about your case and see how we could help.
How Can My Employer’s Breach Their Duty Of Care?
Some examples of how an employer could breach their duty of care, leading to an accident causing injury in the workplace include:
- Unattended wet floors without any caution signage.
- Poorly lit stairwells causing falls
- Unattended debris or obstacles (without caution signage) that’s obstructing walkways, causing trips
- Ungritted outdoor pathways in icy weather conditions causing slips
- Failure to provide PPE when working with harmful materials causing injuries from exposure
- Providing faulty equipment, such as a ladder that could result in falls from a height
This list is far from exhaustive and even if your situation is not listed, you could still be entitled to compensation providing the accident wasn’t your fault.
You could also sustain a nerve damage injury in a public place accident. Firstly, it might be useful to explain what we mean by ‘public places’ and who has a duty of care to uphold in them:
- Shopping malls and retail parks
- Leisure centres and gyms
- Libraries and other council-run premises
- Restaurants, bars, and clubs
- Streets, roads, and pavements
- Parks, beaches, and open spaces
- Fairgrounds, zoos, and playgrounds
The Duty Of Care Of Those In Control Of Public Places
Under the Occupiers’ Liability Act 1957, those in control of an area accessible to the public must follow certain guidelines to help protect the safety of all users, visitors, and other members of the public that pass through.
Any public place that is accessible to the general public should be safe from them to use. If the occupier does not wish to follow this duty of care, they must display disclaimers to that effect, such as ‘keep out’ signs. Other responsibilities that those in control of public places must follow include:
- Take all reasonable care to ensure safety on their premises
- All facilities must be fit for the purpose that they are intended for
- The occupier does not have to be present on the premises
- Hold general regard for the safety of all visitors and members of the public that use the space
If this duty of care is breached, those in control of public places could be held liable for any resulting injuries. For some examples of how such negligence could occur, please read on to the next section.
How Can This Be Breached?
Some examples of how this duty of care can be breached could include the following:
- Slipping on a spillage on a shop floor that’s been ignored
- Slipping on left-over cleaning solution on a restaurant floor with no hazard sign
- Tripping on stock that’s fallen from a poorly stacked shelf
- Lack of appropriate fire safety procedures implemented
- Failure to follow health and safety guidelines
- Poor training resulting in hazards
- Lack of proper maintenance resulting in faulty fittings
As is the case in an accident at work claim, if you can prove that third-party negligence was responsible for your suffering, whether that’s a psychological or physical injury, you could be entitled to compensation. Whatever the circumstances of your public place accident, please get in touch for a free consultation today if you’re interested in making a claim. In the meantime, please read on to learn about road traffic accidents.
You may have sustained your nerve damage injury in a road traffic accident, whether you were riding a bike, driving a car or otherwise. Some recent statistics from the Department for Transport can help illustrate how common road traffic accidents were in recent years, with figures from 2019/20 including:
- 1,752 people were killed
- 25,945 suffered serious injuries
- 153,158 casualties of all severities occurred
Duty Of Care Of Road Users
The Highway Code clearly asks all road users to demonstrate a common duty of care to each other to help ensure safety on the roads. Part of this duty includes:
- Having a valid driving licence
- Meeting eyesight requirements
- Having at least third-party insurance
- Taxing your vehicle and keeping up to date with MOTs
- Demonstrating the basic level of skill required for operating a vehicle, despite experience
If you suffered an injury because of another road user, you could have grounds to make a claim against them if you can prove that their negligence resulted in your suffering.
Some examples of how this duty of care can be breached could include:
- Driving under influence of drink and drugs
- Exceeding the speed limit
- Dangerous manoeuvres, such as overtaking on a bend
- Using a mobile phone while driving
If you’ve been injured in a road traffic accident and you believe someone else to be responsible for your suffering, please speak to a specialist advisor from our team today about making a claim and see how we can help.
Once you’ve established that you suffered an injury due to third-party negligence, you may be wondering what types of damage you could be compensated for as part of a personal injury claim. What’s more, how do you work out how much compensation you could be entitled to? In this section, we’ll look at how personal injury claims are typically valued.
There are two typical heads of damage that can be claimed: general damages and special damages. After undergoing a medical assessment with an independent expert, you could be able to evidence your pain and suffering, which could be compensated under general damages. General damages can cover both physical and psychological injuries, which could include the nerve damage that you sustained, and any subsequent trauma suffered.
The Judicial College Guidelines provides compensation brackets based on awards from past cases. After attending a medical assessment by an independent expert, you could have a report to evidence the severity of your suffering. The report is also intended to prove that your injuries were caused or worsened by the incident. Once this is done, you can begin to build an idea of what damage you can claim for.
Later in this guide, we’ve included a table of general damages to help illustrate our case study, with figures taken from the Judicial College Guidelines. Alternatively, to learn about special damages, please see the next section.
Special damages form the second head of damage that could make up your personal injury settlement. By claiming special damages, you can attempt to recover any out of pocket costs that you’ve incurred as a result of your injuries, which could include the following:
- Travel costs to doctors and hospital appointments
- Private physiotherapy and chiropractor costs
- Loss of earnings from being unable to work
- Impacted pension schemes
- Lost deposits for any future plans
- Any modifications to your home, such as ramps or wheelchairs
Please note that in order to recover any such costs, you’ll need to be able to evidence them by retaining receipts, bank statements and the like as proof. In the next section, we’ve included a compensation calculator table to help illustrate our case study, with figures taken from the Judicial College Guidelines.
Mr Brown, a factory worker, was walking through an area of the factory as he did each day. At the time, the floor was being cleaned, leaving the surface dangerously slippy. However, there were no people or signs displayed to indicate that cleaning was in progress and as a result, Mr Brown slipped.
After slipping, Mr Brown landed awkwardly in a position that trapped both his sciatic and ulnar nerves. As a result, he suffered immense pain in both his upper and lower body, leaving him unable to work for 2 weeks.
The bills and costs of normal life continued to come in and, in addition, Mr Brown found himself stuck with new expenses to pay for, such as chiropractor sessions and help around the house.
Making A Personal Injury Claim
As Mr Brown knew that he suffered through no fault of his own, he decided to reach out to our advisors for a free consultation. After answering a few simple questions, he learned that he could be eligible to claim compensation. To ease the claims process, Mr Brown was connected to our panel of personal injury lawyers to handle his case on his behalf. After signing a No Win No Fee agreement, he didn’t have to pay a penny until his case was won, leaving him one less thing to worry about.
Mr Brown’s case was settled out of court when his lawyer was able to prove that factory bosses failed to properly train their cleaning staff, leading him to slip and suffer nerve damage as a result. Furthermore, CCTV footage proved that the wet floor was unmarked and unattended, posing a hazard. Mr Brown’s employers admitted liability and he was awarded £19,000 in damages.
|general damages||how much?||special damages||how much?|
|Injuries to the back causing damage|
to nerves, with problems persisting after recovery. Mr Brown was eligible for general damages between £11,730 and £26,050.
|He had to take unpaid leave for a total of more than two months over 2 years||£4,000|
|Travel costs to appointments||£500|
|Loss of attendance bonus at work||£500|
|Painkillers and lumbar support equipment||£500|
Whilst this case is merely an example, it illustrates how a personal injury claim of this nature can be made and what types of damage can be compensated.
If you’re interested in seeking legal assistance but you’re concerned about the cost of solicitors’ fees, a No Win No Fee agreement could help. In this section, we’ll discuss some of the benefits of using No Win No Fee agreements that make them such a popular choice for claimants.
Firstly, an immediate appeal is that there are no upfront fees to pay upon signing this type of agreement. This enables claimants to access legal representation immediately, regardless of their financial situation. In addition, there are no solicitor fees to pay as your case proceeds, meaning you don’t have to worry about racking up any running costs during the claims process.
One of the most attractive aspects of this type of agreement is that if your case fails, there are no legal fees to pay your solicitor. In successful cases, you only need to pay a small percentage of your payout to your solicitor to cover their costs. What’s more, success fees are legally capped under this agreement to ensure that any charges to you are minimal.
We work with a panel of personal injury lawyers that always offer No Win No Fee agreements to their clients. By getting in touch with us today, we could connect you with them to start working on your case. To learn more, please read on to the next section for some contact options.
Getting in touch is easy. To get a free consultation from one of our specialist advisors and to see how our panel of personal injury lawyers could help you claim, please don’t hesitate to contact us using one of the following options:
- Call 0161 696 9685
- Complete a ‘contact us‘ form to get a callback
- Chat using the live support feature on your screen
Thank you for reading our guide on nerve damage injury claims. To conclude, you can learn more by clicking on any of the links below.
- Accident at work claim
- Car accident claims
- Industrial injury claim
- Advice on physiotherapy
- Information on sciatica
- Guide to peripheral neuropathy
Is sciatic damage permanent?
Sadly, in some circumstances, it can be. Nerves can heal but the process can be slow and painful. Generally, a full recovery is possible if treatment is provided soon enough.
Does nerve pain mean nerve damage?
Burning, stabbing, or shooting pain can indicate nerve damage, as well as numbness and tingling. In some cases, this can be a sign of nerve damage but it’s always best to get checked out by a medical professional.
How can you ease the pain of nerve damage?
Providing your doctor has advised you to do so, taking anti-inflammatory drugs can help nerve damage injury, as can physiotherapy.
Guide by NS
Edited by AS