Nerve Damage Claims

Nerves form a network of living cables that spread through the body from the brain and spinal cord. They carry electric signals around the body to and from the brain. They are critical for the body to function. If they are damaged this can interrupt the processing of information so that signals to muscles and skin, for example, do not work. This can lead to paralysis, pain, muscle weakness and altered sensation amongst other symptoms.
 

Nerves are delicate and can be damaged during medical procedures. Nerves can be cut, stretched or crushed. If nerve damage was caused by negligent treatment, such as a failure to check the location of nerves prior to commencing surgery, then there may be a claim for compensation.

Some types of cases where nerve injury may be caused by medical negligence include:

• Damage to nerves in the spinal cord from an epidural
• Severing nerves during an operation
• A misplaced screw during hip or knee replacement surgery which impinges nerves
• Delay in relieving the pressure on nerves
• Inappropriate prescription of certain drugs which can cause nerve injuries (such as certain chemotherapy drugs)

Nerve Injury Compensation

The amount of compensation that may be obtained will depend upon the type and extent of the injury. However, compensation will usually include sums for treatment to help with the best possible recovery such as physiotherapy, psychological therapy and private surgery if needed. Sums can also be obtained to compensate for lost earnings as well as for pain and suffering and to cover costs of new or adapted accommodation.

What do you need to prove?

In order to bring a successful claim, it has to be shown that the nerve damage was caused by a negligent action, i.e that a medical professional provided care that was below a reasonable standard. These types of claims can be complex.

If you or a family member has suffered as a result of a nerve injury, we can support you through the process of bringing a claim for compensation. Please contact us to discuss how we can help.

Your claim - why us?

Your case will be investigated by our specialist lawyers, led by a partner.  We are specialists in dealing with nerve injury cases and are well versed in the arguments that can arise, such as that the nerve injury would have happened regardless of the negligent act.  We work with leading experts in various areas including neurologists and neurosurgeons in order to assess the strength of a claim.

We then work with further experts to consider a client’s long term needs and the full amount of compensation required.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

Frequently Asked Questions

How long do I have to bring a nerve injury claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales. This is called the limitation period.

For adults, the usual rule is that a claim must be formally started at Court within three years of the date on which the negligence occurred, or the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later). 

If a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

 

What is the process for bringing a claim?

We start by obtaining evidence such as medical records, accident reports, witness statements, and expert evidence to prove that your injury was caused by negligence. 

We also calculate the amount of compensation that can be claimed.  Typically this involves instructing experienced experts to advise on the injured person’s needs, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer. 

In some cases settlement is agreed at an early stage. In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read our Guide to Making a Claim.

 

Will my case be decided by the Court?

Probably not.  The vast majority of personal injury and medical negligence claims are not decided by the Court.

Successful claims are usually resolved by agreement of a settlement either before or during formal Court proceedings. 

Occasionally, the Court will decide a case, if it cannot be resolved any other way. 

 

How is the amount of compensation decided?

Compensation should be tailored to meet the needs of the injured person. 

The first step is to consider how your spinal injury has affected your life and whether that will change in the future.   We then calculate the amount of funds required to meet your additional needs and compensate you.  Depending upon your circumstances, this may include funds for:

• Private care
• Private therapies and medical care
• Specialist equipment and mobility aids (including wheelchairs)
• Adapted vehicles
• Adapted accommodation
• Support with education or work (if that is possible for you)
• Compensation for loss of earnings and pension
• Compensation for losses in self-employment

We regularly use leading experts and barristers to assist in identifying all aspects of an injured person’s needs.

 

Will it take a long time before my case is concluded?

Medical negligence and personal injury claims typically involve detailed investigation and expert evidence.  They often take several years to resolve.  

Our approach is to seek an admission of liability (i.e. confirmation that negligence occurred and caused injury) as early as possible in the process.

When liability is established the Defendant usually has to pay part of the compensation immediately.  We will adopt an assertive approach with the NHS appointed lawyers to ensure that your needs are prioritised. This allows your needs to begin to be met while the work to quantify the full amount of compensation continues.

 

Can I make a 'no win, no fee' nerve injury claim?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not usually have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

 

How do I access medical records?

Medical records are usually the starting point for our investigation of a claim. With your permission; we request these records directly from the treatment provider(s).

Our clients sometimes wish to obtain copies of their records themselves before deciding whether to begin a claim.  Please see our Guide to Accessing Medical Records for further information on how to request records.

 

Other organisations and resources that may help

• AvMA (Action against Medical Accidents) 
• APIL (Association of Personal Injury Lawyers)