Filing a Claim for Nerve Damage After a Crash

Posted on behalf of Jeff Pitman on April 26, 2022 in Car Accidents
Updated on April 24, 2024

male patient getting mriNerve damage is a common injury sustained after a crash. While these injuries can range from mild to severe, victims with significant nerve damage can be left with costly medical bills, and pain and suffering. If you have suffered nerve damage in a car crash, you may be able to file an injury claim.

However, the amount of compensation you may be able to receive will depend on several different factors. This is because no two nerve damage injury cases are alike. With the help of an experienced lawyer, he or she can help review your claim to determine your eligibility for compensation.

At PKSD, we have helped many crash victims over the years obtain the compensation they need. The initial consultation offered is free of charge and there are zero upfront fees to retain our services. We only get paid if we help you obtain a recovery. Our intake staff is ready to take your call 24/7.

Call 414-333-3333 to get started today.

Can You Sue for a Nerve Damage Injury After a Car Crash?

The short answer is yes. You may be able to sue for nerve damage if this injury resulted from another’s negligence. However, your ability to sue and obtain a recovery may depend on your insurance coverage.

Injured victims must first pursue compensation through an insurance claim. Wisconsin is considered a tort state, which follows a traditional fault-based system. The party who caused the car crash is responsible for paying any accident-related costs suffered by anyone involved.

If the at-fault party’s insurance company refuses to offer a fair settlement, a lawyer at our firm may be able to help file a lawsuit on your behalf. If your nerve damage injuries are permanent or worth more than the limits of a policy, you may also be able to take legal action against the at-fault party.

What Are Nerve Damage Injuries?

Nerves of the body are part of a complicated organ system of the body known as the nervous system. They form a wide network involved in controlling everything the body does. Nerves are responsible for thousands of functions around the body, such as regulating one’s breathing, controlling muscle movements, as well as sensing cold and heat.

There are three different types of nerves in the body:

  • Autonomic nerves help control involuntary or partially voluntary bodily functions, including heart rate, blood pressure and regulating temperature.
  • Motor nerves help control all movements and actions in the body by sending information from the brain and spinal cord out to the muscles.
  • Sensory nerves help control pain and other sensations by sending information from the skin and muscles back to the spinal cord and brain.

Nerve damage injuries happen when the nerves are either stretched, compressed, crushed, pinched or spliced. Proper nerve function is important for one’s health and daily activity. Any damage to the nerves in the body after a crash can significantly impact a victim’s quality of life.

Common Causes of Nerve Damage From a Car Crash

Internal injuries and the body’s reaction to trauma and stress can cause serious nerve damage. This is often due to compression or inflammation that presses against the nerves.

Some causes of nerve damage from a car crash include:

  • Whiplash – When the head is forcefully and quickly thrown backward and then forward, this motion can cause nerve damage to this area. The nerves can stretch, tear or get compressed if swelling happens. Compressed or squeezed nerves can prevent them from functioning properly.
  • Herniated disk – A herniated disk in an area of the vertebral column can cause significant nerve damage. The disc can put pressure on the nerve or nerves nearby and cause permanent injury.
  • Pinched nerve – A pinched nerve after a crash can also lead to nerve damage, particularly if left untreated. It can happen due to inflammation in the body as the muscles and soft tissues react to the trauma. This inflammation can cause a pinched nerve and disrupt a nerve’s functionality.

Symptoms of a Nerve Damage Injury

There are many symptoms after a car crash that victims should not ignore. A seemingly minor injury may cause long-term or permanent damage. Serious injuries may occur even if you do not realize it.

Nerve damage injuries are no exception. The symptoms can vary greatly on a case-by-case basis.

The most common symptoms of nerve damage are:

  • Spasms
  • Burning
  • Tingling
  • Numbness
  • Sensitivity
  • Weakness
  • Severe pain
  • Twitching

What Factors Impact How Much Compensation You May Seek for Your Nerve Damage?

Several factors can impact the amount of compensation you may be able to seek for nerve damage.

Extent of the Injury

In an injury claim, the extent of an injury represents any amount of physical pain, medical care and permanent damage you have suffered. This includes how your injury has altered your life.

Determining the severity of a nerve damage injury will be based on answers to the following questions:

  • How much pain has your nerve damage injury caused?
  • How frequently are you in pain and discomfort?
  • How effective has medical care been to treat your injury?
  • Have treatments reduced nerve damage symptoms?
  • How has the injury affected your home life and work life?

Since nerve damage can range in severity, each case must be handled and evaluated on an individual basis. A more serious injury is likely to yield a greater compensation amount versus a less severe injury.

Medical Expenses

An injury claim should consider all medical treatment, including future medical expenses. Severe nerve damage can result in long-term care. Medical treatments that may be recovered in a claim are:

  • Surgery
  • Hospitalization
  • Doctor’s visits
  • Specialist’s fees
  • Transportation costs
  • Medications
  • Imaging tests
  • Home care

Pain and Suffering

Pain and suffering represent any physical and emotional distress you have endured due to your injury. This may include physical pain, mental anguish, as well as diminished quality of life, which compensates you if your nerve damage injury prevents you from doing the things you once enjoyed.

While these types of damages may be recovered in injury claims and lawsuits, they are harder to calculate since they are subjective. An experienced lawyer at our firm is ready to help review your claim and determine the amount of pain and suffering damages you may be owed.

Available Insurance

The amount of insurance coverage available will also impact how much compensation you may be able to seek for your nerve damage injury. An injury claim will first go through the at-fault party’s insurance company to obtain the necessary compensation. However, one insurance policy may not be enough to cover all of your damages. When this happens, you may be eligible to file a lawsuit for the difference.

Injured in a Crash? Work With Our Trusted Law Firm

If you have suffered a nerve damage injury in a crash caused by another’s negligence, you may be able to pursue significant compensation. Learn more about your rights and legal options by scheduling a free initial consultation with a licensed Milwaukee car accident lawyer today.

There is no risk or obligation involved. We work on a contingency fee basis, which means we charge no upfront fees to hire our firm. We only receive payment for our services if we help you obtain a recovery.

Proven Results. Millions Recovered. Ph: 414-333-3333

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