This is a guide on when you could have valid grounds to claim compensation for nerve damage after a car accident. It will discuss the eligibility criteria that must be met for a valid road traffic accident claim to be made if you are injured on the road and the proof you could obtain to support your case.
Car accidents could result in injuries involving nerve damage, which range from minor and transient to severe and life-changing. Road users, including drivers, have a duty of care to prevent others and themselves from experiencing harm similar to this while using the roads. We will explore the legislation that outlines this duty and how an accident could occur if it is not upheld.
What’s more, we will explore the two potential heads of claim that can be awarded for a successful case and how these can address the ways in which your injuries impacted your life.
Finally, we will look at whether it would benefit you to use the services of a No Win No Fee solicitor.
For further advice regarding a compensation claim for nerve damage following a car accident, continue reading this guide. You can also get in contact with our team at Advice to discuss your potential personal injury claim. Our advisors can provide confidential legal advice at no cost and are available everyday, all day.
Please don’t hesitate to reach out by:
- Calling our team on 0161 696 9685
- Filling out the form on our ‘contact us’ page
- Writing to an advisor through the live chat box on this page
Browse Our Guide
- Can I Claim Compensation For Nerve Damage After A Car Accident?
- Examples Of Nerve Damage Injuries You Could Claim For After A Car Accident
- Evidence That Supports Car Accident Claims
- How Much Compensation Could Be Awarded For Nerve Damage Injuries Following A Car Accident?
- Talk To Us About Claiming For Nerve Damage
- Further Resources On Personal Injury Claims
The Road Traffic Act 1988 lays out road user duty of care. This means that road users have a duty to one another to use the roads in a safe way and reduce the risk of causing injuries. In addition to this, The Highway Code outlines advice, rules and guidance for road users to follow. Some of the rules are supported by laws.
A driver may have breached this duty of care by, for example, not carrying out the appropriate checks when reversing a vehicle on the roads, or by driving at a speed that was over the legal limit.
The following requirements must be met to make a personal injury claim following a car accident:
- A road user owed you a duty of care.
- They were in breach of this duty of care, causing an accident.
- As a consequence of the breach, you sustained either physical injury, psychological injury, or both.
This is the definition of negligence, on which basis, you could find yourself eligible to bring forward a compensation claim. However, it is also important to consider whether your case is within the relevant time limits, which we will explain in the next section.
Car Accident Claim Time Limits
As per the Limitation Act 1980, you will generally have three years to start legal proceedings. This can begin from the date that you sustained injuries in a car accident.
There are certain cases in which exceptions can be made to the compensation claims time limit. If you would like to learn more about these in connection to your claim, please speak to one of our advisors. They can also provide insight into whether your case meets the eligibility criteria to bring forward a claim.
The body has an intricate system of nerves. Therefore, various injuries may lead to nerve damage. For example, an injury to a certain area of the body, such as the leg, could damage the surrounding nerves. In a car accident you could also sustain the following injuries:
- Bone breaks and fractures
- Sprains and strains
- Damage to the brachial plexus, a bundle of nerves in the arm and shoulder
- Brain injuries
- Soft tissue injuries
Each of these injuries could impact you in several ways. For example, you could experience permanent pain and disability which affects you both physically and psychologically. This could also have an impact on your ability to work leading to you experiencing loss of earnings.
If you have evidence to prove that your injuries were a result of a breach of duty on the part of a road user, you could seek compensation that addresses the effect your injuries have had.
To claim personal injury compensation following a car accident, you must provide evidence that proves negligence happened. This could include:
- CCTV or dashcam footage
- A diary detailing your symptoms and any treatment
- Copies of your medical records
- Witness contact details
If you would like to find out more regarding the range of evidence you could obtain to support your potential car accident claim, please speak to a member of our team.
There are up to two potential heads of a successful car accident claim: general and special damages. First, general damages compensate for the physical suffering and pain, and/or psychological harm, caused by your injuries.
We have used the Judicial College Guidelines (JCG) to create the table below. This contains compensation brackets for different injuries that relate to nerve damage and could be sustained in a car accident. Legal professionals, for example road traffic accident solicitors, can also use the JCG to aid them in valuing personal injury compensation.
The bottom two entries of the table have been taken from the tariff found in The Whiplash Injury Regulations 2021, which we will discuss in more detail later in this guide. These are fixed amounts. However, the other entries in the table from the JCG, should be used as a guide only.
Compensation Bracket Guidelines
|Type of Harm||Severity||Notes||Compensation Guidelines|
|Back Injury||(a)(i) - Severe||Injuries that comprise of both harm to the nerve roots and the spinal cord, which results in a mixture of highly serious consequences, such as severe pain and disability.||£91,090 - £160,980|
|Back Injury||(a)(ii) - Severe||There will be special features that place an injury in this bracket, for example, nerve root damage alongside connected loss of sensation, impaired bowel and bladder function and more.||£74,160 - £88,430|
|Back Injury||(b)(i) - Moderate||This bracket encompasses various injuries. For example, harm to an intervertebral disc with both reduced mobility and nerve root irritation.||£27,760 - £38,780|
|Neck Injury||(a)(ii) - Severe||Injuries that typically involve damage to discs found in the cervical spine or fractures. This will lead to disabilities of considerable severity, such as permanent damage to the brachial plexus.||£65,740 - £130,930|
|Shoulder Injury||(a) - Severe||Injuries that fall within this bracket will include harm to the brachial plexus and can often be associated with injuries to the neck. They will result in significant disability.||£19,200 - £48,030|
|Leg Injury||(c)(i) - Less Serious||Serious soft tissue injuries to one or both legs that lead to functional restriction, significant cosmetic deficit and/or some nerve damage, or fractures from which the person makes an incomplete recovery.||£17,960 - £27,760|
|Hand Injury||(t) - Serious Thumb Injuries||Injuries falling within this bracket may involve nerve damage.||£12,590 - £16,760|
|Hand Injury||(u) - Moderate Thumb Injuries||Injuries that cause damage to tendons or nerves, or those that necessitate arthrodesis of the interphalangeal joint.||£9,670 - £12,590|
|Whiplash Injury||Multiple or One Whiplash Injury with Multiple or One Minor Psychological Injury||Injury duration will last for longer than 18 months but will not exceed 24 months.||£4,345|
|Whiplash Injury||Multiple or One Whiplash Injury with Multiple or One Minor Psychological Injury||Injury duration will last for longer than 15 months but will not exceed 18 months.||£3,100|
What Special Damages Could I Receive For Nerve Damage Injuries?
Furthermore, special damages compensate for the financial expenses incurred as a result of your injuries. It is important to note that you must provide evidence of these expenses to support your claim for special damages. Below we will provide examples of financial losses that could be covered by special damages and the evidence you could obtain to prove them:
- Loss of earnings could be proven with payslips
- Care costs could be supported with invoices
- Travel expenses can be demonstrated via travel tickets
The Whiplash Reform Programme
If you have sustained whiplash injuries in a car accident that was caused by another road user breaching the duty of care owed to you, the way in which you would pursue compensation for these injuries may differ. This is due to the introduction of the Whiplash Reform Programme on the 31st May 2021. This means that whiplash injuries sustained by drivers and passengers over the age of 18, which are valued at £5,000 or below, will now need to be claimed for through a different avenue.
However, if additional injuries are present, which bring the total value over £5,000, your claim will be made traditionally. Although whiplash injuries sustained by drivers and passengers will still be valued using the tariff found in The Whiplash Injury Regulations 2021. If you have other injuries which the tariff does not cover, these will be valued traditionally.
For more information regarding how you would make your claim for nerve damage injuries after a car accident, get in touch using the details provided above. They can also advise how much you could receive in compensation.
Get in contact with our advisors for a free assessment of whether you could be eligible to claim personal injury compensation after suffering nerve damage in an accident. Should they determine that you could have legitimate grounds for a claim, they may put you in correspondence with one of the No Win No Fee personal injury solicitors from our panel. They could present the offer to provide their services under a Conditional Fee Agreement (CFA).
This would mean that you typically wouldn’t pay for the services your solicitor provides at the following times:
- For the duration of your ongoing claim
- If your claim is unsuccessful
However, a successful claim will mean that your car accident solicitor working under a CFA can deduct a success fee from the compensation. A success fee is a small percentage, that legislation caps.
How To Contact Our Expert Team
There are multiple channels through which you could contact a member of our team to make an enquiry regarding your potential claim. To get in touch, please do one of the following:
- Call our team on 0161 696 9685
- Fill out the form on our ‘contact us’ page
- Write to an advisor through the live chat box on this page
Please take a look at more of the guides from our website to find out more about making a personal injury claim.
- Damaged Nerve Injury Claims
- How To Claim For A Hit And Run Car Accident
- Explaining The Road Traffic Accident Claims Process
Also, you could learn more by exploring these external links:
If you have any remaining questions regarding when you may claim compensation for nerve damage after a car accident, please get in touch with our team.