Get Compensation For Nerve Damage After A Car Accident
This guide will discuss when you could get compensation for nerve damage after a car accident. In some cases, nerve damage can have serious consequences that can impact your life and well-being. If you are eligible, you could be able to make a road traffic accident claim and seek compensation that addresses your injuries. We will explore this further in our guide.
Road users owe one another a duty of care. We will explore this in more detail throughout our guide as well as look at how a car accident could occur if this is not upheld.
Additionally, we will touch on how you could claim compensation for a road traffic accident, including the steps you could take to prove your car accident injuries.
Furthermore, we will offer examples of guideline settlements for nerve damage injuries.
The way some car accident claims are made changed on May 31st 2021, with the introduction of the Whiplash Reform Programme. We will discuss these changes and how they could affect your claim.
Contact our team of advisors today if you would like more information. An advisor from our team could offer you a free consultation, in which they can evaluate the validity of your claim and provide free legal advice. To get in touch:
Choose A Section
- How To Get Compensation For Nerve Damage After A Car Accident
- What Could Cause A Nerve Injury?
- How To Prove A Car Accident Caused Your Nerve Injury
- Examples Of Nerve Damage Car Accident Compensation Settlements
- Contact Us To Claim Compensation For Nerve Damage After A Car Accident
- Find Out More About Related Car Accident Claims
You may be wondering what to do if you have been injured in a car accident and would like to make a claim. To get compensation for nerve damage after a car accident, you have to be able to prove that your accident and injuries are a result of negligence. Negligence occurs when:
- Another road user owes you a duty of care
- They breach this duty
- You are injured because of this
Under the Road Traffic Act 1988, road users owe each other a duty of care to reduce the risk of harm while using the road. However, with the recent changes to the Highway Code, certain road users have a higher level of responsibility than others. This means those driving vehicles with a greater risk of causing harm have more responsibility.
Understanding The Whiplash Reform Programme
Under the Whiplash Reform Programme, any passenger or driver over the age of 18 that intends to claim for injuries worth £5,000 or under has to do so through the government’s Official Injury Claim Portal.
Whiplash injuries are valued in line with the tariff that has been set out by the Whiplash Injury Regulations 2021. These tariffs can apply even if your claim is made outside the Official Injury Claim portal. This is because they apply to all vehicle occupants. Any injuries not included in the tariff will be valued traditionally.
Instances where you may not need to claim via the government’s official portal can include where the injuries sustained are valued over £5,000.
Car Accident Claim Limitation Periods
Every claim is unique, and because of this, we can’t provide much information on how long a car accident injury claim can take. However, there are car accident claim time limits to be aware of when starting your claim.
Under the Limitation Act 1980, you will typically have three years to start a road traffic accident claim. This can begin on the date of the accident or when you realise your injuries were a result of negligence.
Get in touch with our team today to find out if could be eligible to make a compensation claim for nerve damage after a car accident. An advisor can also discuss how you would need to claim and whether the whiplash reforms apply.
A car accident can cause nerve damage in several ways. However, as we mentioned in the section above, you have to be able to prove that negligence occurred to claim. Some examples of how negligence could contribute to a nerve injury can include:
- If a drunk driver were to crash into your car, causing a back injury such as a broken back or a slipped disc that irritates the spine’s nerve roots.
- An HGV accident in which an HGV driver drove through a red light and crashed into your car, causing a severe fractured forearm which results in permanent nerve damage.
- If a driver was speeding and did not have time to stop before crashing into the back of your car, causing a fractured jaw and broken cheekbone. This can lead to nerve damage in the face.
These are only some examples of car accident injuries and how they can occur. Get in touch with our team to discuss your specific case and find out if you could be eligible to claim.
An integral step of making a claim is presenting evidence. This evidence can prove who is at fault, as well as the extent of your injuries and how they have affected you. This evidence can be collected alone, or you could do it with the help of a solicitor. Evidence can include:
- Photographs: Taking photographs of your injuries or the crash site can be useful, as they can be used as evidence later.
- Police reports: You may have to report your car accident to the police. In this case, this report could be used as evidence.
- CCTV footage: CCTV footage of your accident from a nearby shop could be used as evidence in your claim.
A solicitor from our panel could help you gather evidence to support your compensation claim. Get in touch with an advisor to learn more.
If your car accident claim succeeds, the compensation you could receive can fall under two heads. The first is general damages, which addresses the pain and suffering you endure because of your injuries.
Solicitors often refer to the Judicial College Guides (JCG) when calculating how much you could get under general damages. This document provides guideline settlement amounts for different injuries and illnesses. You can find some examples of these brackets in the table below.
The JCG figures in the table are to be used as a guideline only. However, the last two entries are from the tariff in the Whiplash Injury Regulations 2021. These are fixed amounts.
|Injury Type||Guideline Compensation Bracket||Notes|
|Severe Back Injuries (a) (i)||£91,090 - £160,980||This bracket considers the most severe back injuries, including damage to the nerve roots and spinal cord with severe consequences.|
|Severe Back Injuries (a) (ii)||£74,160 - £88,430||This bracket includes impaired mobility and scarring that occurs as a result of nerve root damage.|
|Moderate Back Injuries (b) (i)||£27,760 - £38,780||This bracket can include injuries such as damage an intervertebral disc, leading to irritation of the nerve roots and reduced mobility.|
|Serious Injury to the Thumb (t)||£12,590 - £16,760||Nerve damage caused by serious injuries, such as amputation of the tip of the thumb.|
|Serious Shoulder Injury (b)||£12,770 - £19,200||Shoulder dislocation with lower brachial plexus damage causing neck and shoulder pain.|
|Fractures of the Nose or Nasal Complex (c) (i)||£10,640 - £23,130||Serious fractures that result in the claimant suffering nerve damage, and trouble with breathing are included in this bracket.|
|Less Serious Leg Injuries (c) (i)||£17,960 - £27,760||Serious soft tissue injuries affecting one or both legs resulting in nerve damage and other issues are included in this bracket.|
|One Or Multiple Whiplash Injuries||£4,215||This bracket covers symptoms that exist for 18 - 24 months.|
|One or Multiple Whiplash Injuries With One Or Multiple Minor Psychological Injuries||£4,345||This bracket covers symptoms that exist for 15 - 18 months.|
How Special Damages Could Also Compensate You
Special damages are the second head of claim, which address the financial losses you experience due to the car accident in which you sustain harm. For example, this head of claim could reimburse you for:
- Damage to your car or other personal property, like your phone
- Medical bills
- Prescription costs
- The cost of domestic help
- Mobility aids, like wheelchairs or a cane
A solicitor from our panel can help you assess all areas of your claim. To learn more, get in touch.
If you would like to start a claim, a car accident claim solicitor from our panel may prove beneficial. Our panel of solicitors offer their services through a kind of No Win No Fee contract called a Conditional Fee Agreement (CFA), which allows you to access their services, generally without paying an upfront fee. Similarly, you typically don’t need to pay any ongoing fees for these services.
If your claim is successful, your solicitor will receive a small percentage of your compensation award. This is known as a success fee, which is capped by legislation to ensure you get the majority of your settlement. However, if your claim does not succeed, you will not pay this fee.
Speak To Our Team
Speak to our team today to find out if a solicitor from our panel could help you. When you get in touch with an advisor from our team, they can offer you a free consultation in which they can provide free legal advice and more help. If they identify your claim as valid, they may connect you with a solicitor from our panel.
To start your free consultation:
Learn more about making a car accident claim with more of our guides:
- How To Claim For A Fatal Car Accident
- How To Seek Compensation As A Passenger In A Car Accident
- Claims For A Car Accident With Pre-Existing Conditions
Or, to find more information:
- THINK! – Road Safety
- NHS – How Do I Know If I’ve Broken A Bone?
- GOV – Road Accident and Safety Statistics
Contact our team today for more information on claiming compensation for nerve damage after a car accident.
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