Damaged Nerve Injury Claims | Compensation Guide

By Cat Grayson. Last Updated 23rd February 2024. In this guide, we offer advice on making a nerve damage compensation claim. If you have suffered a nerve injury in an accident that was caused by another party’ breaching their duty of care, then you may be entitled to claim compensation.

There are many types of incidents that could lead to a nerve injury. Such an injury could be the result of a workplace accident, a road traffic accident, medical negligence or a slip, trip or fall accident. Within this guide, we’ll discuss when you may be able to claim nerve injury compensation. We will also discuss the evidence that you could collect to help support your claim. Also, we’ll look at potential compensation amounts for nerve injuries and how these amounts are calculated.

If you have suffered a damaged nerve injury and would like to find out more about making a personal injury claim, you can contact our team of advisors. You can reach us by:

A man with a damaged nerve in his shoulder talks to a doctor

Select a Section

  1. Damaged Nerve Injury Claims Criteria
  2. Time Limits For Damaged Nerve Injury Claims
  3. How Could A Damaged Nerve Injury Occur?
  4. Average Payout For Nerve Damage Injury Claims
  5. What Evidence Do You Need To Prove A Nerve Damage Injury?
  6. No Win No Fee Nerve Damage Claims
  7. Advice For People With Damaged Nerve Injuries

Damaged Nerve Injury Claims Criteria

To be eligible to claim nerve damage compensation, you would have to prove that a relevant third-party owed you a duty of care. You would also need to prove that they had breached this duty and that this breach had caused your nerve injury.

Examples of third parties that owe you a duty of care include:

  • Road users – Road users have a duty of care under the Road Traffic Act 1988 to use the roads in a manner that avoids causing harm to themselves and others. They must also follow the rules and regulations set out for them in the Highway Code.
  • Occupiers – Anyone in control of public premises (an occupier) has a duty of care under the Occupiers’ Liability Act 1957. They must take steps to ensure that the premises are reasonably safe for people to use for its intended purposes.
  • Employers – Under the Health and Safety at Work etc. Act 1974, employers have a duty of care to take reasonably practicable steps to ensure your health and safety whilst you are in the workplace and performing work-related duties.

To find out whether you would be eligible to claim compensation for nerve damage, you can contact an advisor. They would be happy to assess your case for free and provide you with guidance on how much compensation you could receive for nerve damage.

a doctor in a coat and mask reviews a scan of a spine

Time Limits For Damaged Nerve Injury Claims

If you would like to make a compensation claim because you suffered a nerve injury, you must begin proceedings within the time limit. This is set as three years under the Limitation Act 1980 and applies to both personal injury and medical negligence claims.

Generally, this limitation period starts from the date that you suffered a nerve injury. However, if you suffer nerve damage as a result of medical negligence, this date could start from the day you realise, or would have been expected to, that the harm you suffered was linked to negligence.

However, there are some nerve damage claims that have a suspended limitation period. This is because the party that sustained nerve damage is unable to start the claims process for themselves. In these cases, the court may appoint a litigation friend to make the nerve injury compensation claim on behalf of the injured party. These cases include:

  • Young persons under the age of 18 cannot make a claim themselves. The time limit to start the claims process is paused until their 18th birthday. This gives them three years from the date of their 18th birthday to make a nerve injury claim. At any point prior to their 18th birthday, a litigation friend can claim for nerve damage on their behalf.
  • Those without the mental capacity to handle their own proceedings for nerve injury compensation. In these cases, the limitation period is suspended for as long as they lack the capacity to make their own nerve injury claim. If they regain the required capacity to make a claim for themselves, they will have three years from the date it was deemed this occurred to begin the claim for nerve damage. A litigation friend can be appointed to seek nerve damage compensation at any point during this suspension.

Please speak to a member of our advisory team about time limits for nerve damage claims. As part of your free consultation, they can check to see if you are within the time limit to make a nerve damage compensation claim.

How Could A Damaged Nerve Injury Occur?

As we’ve already mentioned, in order to claim nerve damage compensation, you have to ensure that your case meets the personal injury claims criteria. There are many ways in which you could suffer a damaged nerve injury, including:

  • In a car accident: If another driver speeds through a red light and hits your car side-on, this could cause nerve damage in your spine.
  • At work: If your employer fails to keep walkways clear, you could trip and fall on a cable or obstruction, causing a nerve injury in your knee. 
  • In a public place: If a loose sign were to fall down and hit you in a supermarket, this could cause nerve damage in your shoulder. 

Contact our team of friendly advisors today to learn more. Or, read on to find out about the average payout for nerve damage in the UK.

a crashed motorcycle lays on it's side in the road

Average Payout For Nerve Damage Injury Claims

You might be interested in knowing how nerve damage settlements are calculated in a successful claim. Compensation is influenced by a number of factors, including the severity of your injury and how long it took for you to recover. Other contributing elements may include the impact on your quality of life and any treatment you require to recover. This is why we cannot provide the average payout for nerve damage, as every case is assessed individually.

Your claim could include both general and special damages which is discussed in detail in the next section.

The table below features a range of injuries to give you an idea of how much you could receive in a settlement for nerve damage in your foot, back, neck, knees or hands. The compensation brackets are from the Judicial College Guidelines (JCG).

Solicitors and professionals use the JCG to value personal injury claims. However, it needs to be noted that the top entry does not appear in the JCG.

Injury Comments Amount
Multiple Very Severe Injuries + Special Damages Multiple severe injuries combined with lost earnings, mobility aids, and other financial losses. Up to £1,000,000+
Severe Back Injury (i) Damage to the nerve roots and the spinal cord that lead to serious consequences such as incomplete paraplegia. £91,090 to £160,980
Severe Back Injury (ii) Nerve root damage that has resulted in impaired mobility, loss of sensation and unsightly scarring. £74,160 to £88,430
Moderate Back Injury (i) Injuries could include damage to an intervertebral disc with nerve root irritation that results in reduced mobility. £27,760 to £38,780
Less Serious Leg Injuries (i) Injuries could include serious soft tissue injuries that result in some nerve damage to the lower limbs, a cosmetic deficit and functional restriction. £17,960 to £27,760
Serious Injury to the Thumb Injuries may include nerve damage, a fracture of amputation of the tip of the thumb. £12,590 to £16,760
Fractures of the Nose or Nasal Complex (i) Multiple fractures that require surgery, and may result in permanent damage to the airways, nerves or tear ducts with difficulty breathing. £10,640 to £23,130
Moderate Injuries to the Thumb The interphalangeal joint may require an arthrodesis which could cause damage to the nerves or tendons in the thumb. £9,670 to £12,590

Please note that the settlement amounts featured above should only be used as guidelines and only relate to general damages. If you seek a more accurate figure, our advisors may be able to help you. Get in touch today to find out more.

Special Damages For Nerve Damage Compensation Claims

In addition to general damages, as discussed above, you might be able to recover any expenses you incurred as a result of your nerve injury under special damages. This could impact how much compensation you receive for a successful nerve injury claim.

As part of your nerve damage compensation claim, you could be reimbursed for:

  •  Medical costs – this could include prescription painkillers to help manage chronic pain, medical treatment and physical therapy to help with muscle control, and therapy to cope with emotional damage.
  • Loss of earnings – this could include compensation for your past, current and future losses, including pension contributions if you needed time off work due to your nerve damage.
  • Home help and modifications – To help cope with your nerve damage injury, you might need home help ranging from a nurse to a cleaner. You may also require adjustments to be made to your home, such as installing a stairlift.
  • Specialist equipment – This can cover anything you require to help manage your nerve injury, such as a wheelchair or mattress.

Speak to an advisor about how one of our specialist solicitors can help you recover compensation for any financial losses your nerve injury caused. They can also provide you with a free valuation of your nerve injury claim.

Nerve Damage Settlement – Evidence You’ll Need

Previously in this guide, we provided a table of nerve damage settlement examples. However, in order to make a claim for nerve damage, Some of the evidence you could gather include:

  • Eyewitness’ contact details for a legal professional to collect a statement from later.
  • CCTV footage or photographs of the accident.
  • Correspondence with the institution where medical negligence occurred (this is only applicable if you were harmed due to medical negligence).
  • A copy of your medical records stating your injury, and any treatments you may have needed. How long a damaged nerve takes to heal could impact your payout.

Additionally, you may want to seek free legal advice from our advisors. If they feel you have a valid claim, they could pass you on to a solicitor from our panel, as they have had years of experience handling various nerve damage settlement cases.

Contact our advisors today if you have any questions about starting a claim for nerve damage.

A woman with a nerve injury in her back bends over in pain

Make A No Win No Fee Nerve Damage Claim

Now that you know more about how to claim, you might be wondering how a legal professional could help you. Working with a solicitor isn’t obligatory, but it can be extremely beneficial. For example, a solicitor can help you collect evidence, talk to witnesses, and assist you in negotiating a settlement.

One of the expert personal injury solicitors from our panel could guide you through your nerve damage claim on a No Win No Fee basis. This means that you can access their years of experience and knowledge without paying an upfront fee. Plus, if your claim fails, you won’t be asked to pay for their work.

If you make a successful nerve damage claim, then you will pay a success fee to your solicitor. This is deducted from your compensation. However, the percentage they take is subject to a legal cap, which helps to ensure that you keep the majority share of what you receive.

Contact Our Team

Our team of friendly advisors are here to help. If you are ready to make a nerve injury claim, contact us today and start your free consultation.

A member of our team can answer any questions you may have about the nerve damage claims process, and if they find that you have a valid claim, they may connect you with a solicitor from our panel. Get started now by:

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Advice For People With Damaged Nerve Injuries

Below we have listed some links to websites that you may find helpful.

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