By Cat Grayson. Last Updated 24th November 2023. 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 the duty of care you are owed in various situations, and when you may be able to claim. 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:
Select a Section
- Nerve Damage Compensation – When Am I Eligible To Claim?
- How Could A Damaged Nerve Injury Occur?
- Average Payout For Nerve Damage
- Nerve Damage Settlement – Evidence You’ll Need
- Nerve Damage Settlements – Claim With No Win No Fee Legal Help
- Advice For People With Damaged Nerve Injuries
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 of care and that this breach had caused your 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.
- Medical professionals- Per their duty of care, all medical professionals must provide their patients with the minimum standard of care. A failure to do so could cause you to suffer unnecessary harm.
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 a nerve damage settlement could be.
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.
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).
Last updated in April 2022, the JCG is a document used by solicitors to value personal injury claims. However, it needs to be noted that the top entry does not appear in the JCG.
|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.
Previously in this guide, we provided a table of nerve damage settlement examples. However, in order for your claim to be successful, you will need to prove that you were harmed due to a breach of duty of care. This is why evidence is crucial for supporting your claim and proving liability. 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.
Now that we’ve discussed compensation for nerve damage and how much you could be awarded, you might be interested in learning about the benefits of claiming with a No Win No Fee solicitor. This type of solicitor can offer you a type of No Win No Fee contract called a Conditional Fee Agreement. Benefits of working with a solicitor on this basis typically include:
- Not paying an upfront or ongoing fee for their services
- Not paying your solicitor if your claim is unsuccessful
Our panel of solicitors could represent your claim on this basis, provided it’s valid. If you would like to know more, speak to our advisors at any time. They’ll offer you a free consultation, where they can discuss your case and any questions you have on nerve damage settlements.
You can get in touch by:
- Calling on 0161 696 9685
- Filling out our ‘contact us’ form
- Chatting with an online advisor using our free live chat service
Below we have listed some links to websites that you may find helpful.
- NHS – Peripheral neuropathy – Information of the peripheral nervous system and peripheral neuropathy.
- Legislation.Gov.UK – Information on the Health and Safety at Work Act.
- Workplace Rights – Our guide to rights in the workplace.
- No Win No Fee Claims – Our guide to making No Win, No Fee claims.
- Shoulder Injury Compensation Claims– A helpful guide on making a personal injury claim for a shoulder injury.
- Can a Whiplash Claim Be Refused? – Our guide on if a whiplash claim can ever be refused.
- What Is The Minimum Whiplash Payout? – Read this guide to learn more about the minimum payout you could receive for a whiplash claim.
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- What Is The Legal Height Of A Trip Hazard UK?
- Examples Of Fatal Accidents Claims
- Typical Fatal Accident Compensation Payouts
- A Public Liability Claim Guide