Nerve Injury Claims *
Nerve injury is a condition which severely weakens the human body. The function of nerves is to control sensation and sensitivity in the body. They are delicate and can be damaged by stretching, pressure or cutting. People suffering from a nerve injury experience pain, numbness and a burning sensation in the affected area of the body. It is understood that nerve damage can cause some of the most excruciating pain that a human can suffer. Living with chronic nerve pain can have crippling psychological effects on a person’s life after the injury such as depression. Proving the existence and degree of the damage can be a difficult task in a personal injury case. If you or a family member have experienced a nerve injury due to an accident or surgery complications speaking with a solicitor may help shed some light on your entitlements. Nerve injury compensation claims * take into account the potentially life-long consequences that the injury which occurred can have on the quality of life of the victim.
Nerve damage can be a result of a number of different scenarios, causing severe pain and discomfort. Some of these scenarios include:
- Nerves being cut during knee replacement
- Improper administration of anti-blood clotting drugs
- Injury to the brachial plexus when delivering a baby
- Nerves being severed during hip replacement operation
- Insufficient blood supply resulting in oxygen starvation
- Inadequate treatment received during procedures such as acupuncture
- Nerves being exposed when damage to teeth is obtained
Nerve injuries can also happen as a result of improper use of needles by medical staff. The most common case of this is damaging medial and radial nerves when taking blood from an arm. Damage also occurs due to inadequate use of surgical equipment causing nervous inflammation and anaesthetic errors made if precautions are not taken with needles.
Nerves are fibres that transfer different sensations such as pain between the brain, the spinal cord and other areas of the human body. If damage occurs, they can either reduce or increase the sensitivity of the sensations felt. If sensitivity becomes reduced the body part will feel numb, this leaves the person exposed to further injury. When sensitivity is increased, it can lead to a feeling of pain. Some of the injury symptoms include:
- Pins and needles
- Hot or cold feeling in the affected area
- Bursts of pain
- Burning or tingling sensation
- Chronic pain
Nerve injuries can also affect certain parts of body functions. An example of this would be nerve damage to a person’s hand would leave them with reduced ability to hold or lift objects. Unfortunately, there are no scientific proven cures for nerve damage. Symptoms and pain may ease of time and there is treatment available to help reduce pain and discomfort. If you experience any of the signs and symptoms mentioned it is vitally important to pursue a full medical diagnosis and treatment from your local doctor.
Nerve Injury Types
- Nerve Injury in foot
- Nerve injury in leg
The settlement of a case will vary as each case will be different. Generally, the settlement procedure would work as follows (of course, this is subject to change and your solicitor will keep you informed at each stage of the process):
- Your solicitor will submit your claim to the Injuries Board for assessment
- The Injuries Board assess your case and revert with a suggested compensation amount
- You then decide whether to accept the amount suggested or to reject and move the next stage of the process
- If both parties accept the compensation suggest, then your case will be settled at this point.
- If one of both parties decline the suggested settlement amount then you move to the next stage of the settlement process
- In cases where the Injuries Board assessment is not agreed to, then legal proceedings are issued and your case moves forward to a court hearing.
- Before the court hearing, settlement talks do take place. In most cases, a case is resolved, settled and compensation agreed at the settlement talks before having to step foot into a courtroom.
- If your case is not settled at the settlement talks stage then your case moves to a court hearing where a Judge will make a decision on your case.
Settlement talks are a good opportunity for your legal team to talk to the other side’s legal team to settle any disagreements on what costs are to be awarded. Costs awarded usually consist of an amount for the injury itself and added expenses you may have incurred, these claims are called damages:
General Damages: Non-financial damages such as pain and suffering and/or physical and emotional injuries following the injury.
Special Damages: Out of pocket expenses incurred as a result of the injury, for example, loss of earnings (if you were out of work), bills for nerve injury treatment, and added travel costs as a result of the injury, for example, travel to and from the hospital.
As well as a figure for the individual injury, the following may be taken into account when assessing how much of a settlement you may receive:
- Impact the injury has on your quality of life
- Earnings you have lost, if you are absent from work
- Future earnings lost as a result of the injury
- Medical cost for nerve damage treatment
- Future medical costs, if long-term treatment is needed
- Out of pocket expenses, like travel costs
- Psychological injuries
Legal time limits
The legal time limits on how long you have to make a claim vary depending on the situation. The general rule for all personal injury cases * is that the person has two years from the date of the accident or date of knowledge of the nerve injury * to make a claim for compensation. For cases of nerve damage claims *, it may not be straightforward as you would think. This is due to the injured party not being aware of any injury sustained for a period of time after the incident. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
TELL US ABOUT YOUR CASE
If you have suffered a nerve injury, our team of local personal injury solicitors * in Dublin are available to answer any queries you may have. For a confidential discussion, please call Tracey Solicitors on 01 649 9900 or email firstname.lastname@example.org to tell us about your case.
With 30 years’ experience as specialist personal injury solicitors *, Tracey Solicitors, ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.