By Jo Anderson. Last Updated 16th February 2024. If you have suffered nerve damage following an accident, you may be wondering whether you could be eligible to make a nerve damage compensation claim. Within this guide, we will discuss the eligibility criteria that all personal injury claims must meet in order for them to be valid.
Additionally, we will set out the time limits that must adhered to when starting a personal injury claim. We will also share examples of evidence that could be used to help support your nerve damage claim.
Furthermore, this guide will explain how compensation is calculated for successful cases, and the different heads of claim that you could be awarded. We will also share some of the benefits of making a personal injury claim with one of our expert No Win No Fee solicitors.
If you would like to receive free advice for your potential claim, you can contact a member of our advisory team today. They can be reached via the following methods:
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- What Is The Average Payout For Nerve Damage In The UK?
- Can I Claim Nerve Damage Compensation?
- How Long Do I Have To Claim Nerve Damage Compensation?
- What Evidence Do You Need To Claim For A Nerve Damage Injury?
- Making Nerve Damage Injury Compensation Claims With A No Win No Fee Solicitor
- Learn More About Nerve Damage Injury Compensation Claims
Whilst you might be wondering what the average payout for nerve damage in the UK is, the unique facts and circumstances of your case are considered when valuing settlements. As such, it can be difficult to provide an average as payouts vary on a case-by-case basis.
Generally, though, a settlement awarded following a successful nerve damage claim could comprise both general and special damages. General damages is the head of claim that compensates you for the suffering and pain caused by your nerve injury.
When calculating nerve injury compensation, legal professionals could obtain guidance from the Judicial College Guidelines (JCG). This publication provides guideline compensation brackets for different injuries at various severities. We’ve used some of the figures from the JCG to complete the table below.
This should only be used as guidance, however. Also, the figures only apply to claims made in England and Wales. Additionally, the top entry of this table does not feature within the JCG.
|Multiple Severe Injuries Plus Financial Losses
|A combination of serious injuries with compensation also awarded for financial losses such as medical costs.
|Up to £200,000+
|Severe damage to the spinal cord and nerve roots, leading to a combination of serious consequences that are not usually found in back injuries.
|£91,090 to £160,980
|Nerve root damage with impaired mobility and loss of sensation.
|£74,160 to £88,430
|Example injuries include damage to an intervertebral disc with nerve root irritation and limited mobility.
|£27,760 to £38,780
|Less Serious (i)
|Injuries may include serious soft tissue damage to one or both legs with some nerve damage in the lower limbs.
|£17,960 to £27,760
|Serious Injury to the Thumb (t)
|Amputation of the tip of the thumb with nerve damage, or a fracture that needs wires inserted.
|£12,590 to £16,760
|Moderate Injuries to the Thumb (u)
|Injuries that cause damage to the nerves or tendons, or necessitating arthrodesis of the interphalangeal joint.
|£9,670 to £12,590
|Fractures of Nose or Nasal Complex (i)
|Multiple or serious fractures, requiring a number of operations with permanent nerve damage, damage to the airways and difficulty breathing.
|£10,640 to £23,130
As well as general damages, you could claim for out-of-pocket expenses caused by your nerve injury. These are compensated under the head of claim called special damages. Claimable costs and losses could include:
- Care costs
- Travel expenses
- Medical costs
- Loss of income
Evidence, such as receipts, travel tickets and invoices, could be provided to help prove any financial losses.
To discuss the average settlement for nerve damage in the hand or other part of the body in more detail, please contact an advisor. Or, read on to learn more about nerve damage claims.
Now that you have seen how compensation for nerve damage settlement cases is calculated let’s take a look at who could be eligible to make a personal injury claim. If you are considering claiming compensation for nerve damage, your claim would have to meet certain eligibility criteria.
- Someone owed you a duty of care
- They breached this duty of care
- You suffered nerve damage as a result of the breach.
Examples of duties of care that could be owed to you include:
- At work: Under the Health and Safety etc at Work Act 1974, employers must take reasonably practicable measures to keep their employees safe while working.
- In public spaces: In a public area, the controller of the space must take steps to ensure that visitors are reasonably safe under the Occupiers’ Liability Act 1957.
- On the roads: Those using the roads have to stop harm from coming to themselves and to other road users. To do so, they must follow the rules and guidelines set out under the Road Traffic Act 1988 and the Highway Code.
If you would like to check your eligibility to claim or learn about using tools like a nerve injury compensation calculator to check how much you could receive, please contact an advisor.
If you are eligible to claim compensation for nerve damage caused by somebody else’s negligence, you will need to be mindful of the limitation period that applies to your case. Generally, per the Limitation Act 1980, you would have three years from the date of the incident to make your claim.
However, there are some exceptions to this. For example, should a child be injured, they would not be able to make a nerve injury compensation claim until they reach 18 years of age. The limitation period would therefore pause until they reach 18. During the time that the limitation period is paused, an adult could act as a litigation friend for the child and bring forward a claim on their behalf. If no claim were made and the child turned 18, they would then have until their 21st birthday to file their claim.
Similarly, the time limit is suspended for those who lack the mental capacity to make their own. legal proceedings. Again, a litigation friend could act on their behalf during this suspension. Should no claim be filed, and they regain this mental capcity, the time limit will be reinstated from the date of recovery.
To learn more about claiming for yourself or someone else, or for information on the average payout for nerve damage, please contact an advisor.
have enough evidence to back up your claim. You should be able to prove who is responsible for your injuries, as well as how severe they are.
Evidence that you could collect to help support your claim include:
- Medical evidence: This could include your medical records, test results, and scans that show the severity of your nerve injuries.
- Witness statements: Taking down the contact details of those who witnessed your injury means that their statements could be taken later.
- CCTV footage: You may be able to request footage of the accident if it was caught on CCTV, which could then be used as evidence.
- Photographs: Taking photographs of your injuries or of the accident site could help strengthen your claim.
You don’t have to collect all of this alone. A solicitor can help you support your claim for nerve injuries by arranging an independent medical assessment, talking to witnesses, and helping find other avenues of evidence.
To find out how one of our solicitors could help you with your nerve injury claim, contact our team today.
If you have valid grounds to make a claim for a nerve damage settlement, then you could seek support with your case from a solicitor. If you get in touch with our advisors, they may connect you with one of our No Win No Fee solicitors.
They may offer to support your nerve damage claim under a Conditional Fee Agreement (CFA). If a solicitor supports you under such an agreement, you won’t have to pay upfront or ongoing fees for their services. You also don’t pay your solicitor for their work if your claim proves unsuccessful.
The No Win No Fee solicitor who helped with your claim will take a legally capped percentage from your compensation if your claim succeeds. This is called a success fee.
For more advice on claiming nerve damage compensation with a No Win No Fee solicitor, please get in touch with our advisors for free. You can reach them by:
Below, you can find links to more useful resources on claiming nerve damage compensation.
- Peripheral Neuropathy – This leads to the NHS’s page on Peripheral Neuropathy. You may find this page of interest if you have been diagnosed with this.
- The nervous system – This breaks down how the nervous system works and provide information that may be of interest.
- Car Accident Claims – Accident claims can take many forms. To find out more about car accidents, and claiming if you aren’t to blame, then read our guide.
- Shoulder injury Guide – Take a look at our guide to learn more about shoulder injury compensation claims.
- Hernia Accident Claims – Please take a look at our guide to learn more about hernia accident compensation claims.
- Child Injury Claims – If your loved one has been injured due to the fault of someone else, then please take a look at our guide to learn more.
- This guide explains everything you need to know about making a burn injury claim
Thank you for reading our nerve injury compensation claims guide. Now you’ll have insight into claiming for a nerve damage injury. Plus, you’ll know why knowing the average payout for nerve damage in the UK would not necessarily give you an idea of how much you could receive.