Nerve Damage Settlements: What Are Nerve Damage Lawsuit Payouts?
Nerve damage is a common injury caused by medical malpractice, motor vehicle crashes, workplace incidents, and other accidents. Nerve damage injuries vary, so knowing what payouts to expect from a lawsuit is difficult. Several factors determine your compensation in a settlement or nerve damage lawsuit, including severity, medical costs, age, liability, and insurance limits. The personal injury team at NST Law can assess your claim and help determine fair compensation.
Nerves play a major role in every human body function. When they are disturbed or severed, serious impairment or paralysis can occur, resulting in pain and lessening a person’s quality of life. Nerve damage is a common outcome of injuries caused by car accidents, medical malpractice, workplace accidents, and other trauma.
Some of the functions nerves perform include the following:
- Regulating breathing, temperature, blood pressure, and heart rate
- Controlling muscle movement
- Relaying information from the brain and spinal cord to the rest of the body
- Transporting pain sensations to the brain
Because nerves are responsible for many bodily functions, damage to them can cause severe complications. The long-term medical costs to treat nerve injuries are significant and may cause financial hardship, especially when you cannot work.
If you or a loved one has suffered a nerve injury, it’s important to understand your legal rights and options for seeking compensation. Contact a personal injury lawyer at NST Law today to discuss your case and learn more about the compensation process. Take action and protect your future.
What is Nerve Damage?
Nerve damage happens when trauma causes the nerves to stretch, compress, or break. The severity of nerve damage defines the different degrees of nerve injuries. In evaluating a nerve damage case for settlement, it’s important to understand your particular nerve injury. Generally, the more severe the injury you suffer, the higher the compensation.
Types of Nerve Damage
Neurapraxia is the least severe nerve injury. It’s diagnosed in patients whose nerve structure is not disturbed. In most cases, patients with neurapraxia will eventually make a full recovery.
A patient may be diagnosed with axonotmesis when the outer sheath of the nerve is intact, but the neurons inside have sustained damage. Known as a partial nerve injury, patients with axonotmesis may see progress in their recovery over time but may not ever fully regain sensory and motor function. As a result, they will live with permanent damage for the rest of their lives.
The most severe type of nerve injury is neurotmesis. This injury involves a complete severing of the nerves. Surgical intervention is typically required, and patients face life without sensation returning to the injured area.
Sometimes, nerve damage isn’t apparent immediately following an accident or trauma. That’s why it’s important to be evaluated by a medical professional as soon as possible following your injury. Should you need to pursue a nerve damage lawsuit, the information a doctor provides will be invaluable to your case. Patients with nerve injuries may experience the following symptoms:
- Muscle spasms
- Sensitivity to heat and cold
- Involuntary movements
- Muscle atrophy
How Does Nerve Damage Occur?
Motor vehicle accidents are a major source of nerve damage injuries. What to expect physically after a car accident will depend on the circumstances of the wreck. However, nerves can also be damaged in slip and falls, workplace accidents, and by other trauma. Nerve damage can range from relatively benign to complete paralysis. Some of the most common reasons for nerve damage include:
- Crush injuries that damage nerves in the arms and legs
- Broken bones causing secondary nerve damage
- Injuries to the back and spine, including bulging and herniated discs and total paralysis
- Whiplash, which occurs when a victim’s head is thrown forward and backward in a rapid motion, causing the neck tissues to stretch and tear
- Blunt force trauma, including cuts, tears, and puncture wounds
Understanding Nerve Damage Settlements
You may be eligible to receive a settlement if another party was at fault for your injuries. Their insurance company will be responsible for providing compensation if they are found to be responsible for your injuries.
What Is a Nerve Damage Settlement?
In nerve damage settlements, the at-fault party’s insurance company negotiates an agreement to cover the cost of your medical expenses, pain and suffering, loss of income, and more. Be cautious about accepting an offer too soon. It can take time to know the full extent of your injuries. Insurance companies want to settle quickly to protect their bottom line. Settling too soon may mean you miss out on the full amount of money you deserve.
What factors will influence how much I receive for my nerve damage settlement?
The attorneys at NST Law are Champions for the Injured who can help you fight for a fair settlement. Some factors that may impact the average payout for nerve damage cases include the following:
- Severity of injuries: The type of nerve injury you have and the degree of severity will influence the settlement amount. Your attorney may provide evidence of how your nerve damage has limited your ability to live life to the fullest.
- Current and projected cost of medical treatment: The insurance company will consider the medical debt you have already incurred. Your attorney will also present evidence valuing the cost of future treatment and therapy you may require.
- Age: Young victims who require lifelong care for their injuries may receive a larger settlement because they will need more money over their lifetime for treatment.
- Pain and suffering: Your personal injury attorney will seek compensation for the pain, suffering, mental distress, and the lessened quality of life caused by your injuries. The more your injuries have affected your daily life, the more your case is worth.
- Insurance limits: The combined limits of any applicable insurance coverage may constrain what you can receive in a nerve damage settlement, regardless of other factors. It’s important to hire an attorney experienced in handling personal injury cases. They can uncover all available coverage and file claims with all responsible insurers.
Nerve Damage Lawsuit Payouts
When the insurance company and the injured party can’t agree on a settlement, it may be necessary to take the case to trial. An experienced lawyer can protect your rights and help you build your case.
What Is a Nerve Damage Lawsuit Payout?
A car accident lawsuit allows a jury or a judge to hear the evidence and determine the value of the victim’s injuries. During a trial, your attorney may call expert witnesses to testify on your behalf. These individuals can speak to the extent of your injuries and explain how an accident or your injuries occurred:
- Accident scene reconstruction experts
- Medical professionals
- Law enforcement officers
- Occupational safety experts
What Is the Value of a Nerve Damage Lawsuit?
One way to assess the potential value of a motor vehicle accident settlement or verdict is to examine car insurance claims. Insurance Information Institute data shows that the average bodily injury liability claim in 2021 was $22,734, while the average property liability claim was $5,314. However, these numbers are broad, covering all injuries, not just nerve damage. Since nerve damage is more severe, those claims should have a higher average value.
It’s difficult to pinpoint an exact value for personal injury verdicts and settlements because each case is unique. Victims who suffer mild to moderate nerve injuries may receive up to five figures, while compensation for a victim with severe injuries can range from $100,000 to millions in damages.
What Factors Will Impact the Compensation Received in a Nerve Damage Lawsuit Payout?
The factors determining compensation in any insurance settlement also apply to a nerve damage lawsuit.
Additionally, some states use comparative negligence to determine liability in personal injury cases. This means that the amount of damages you receive in a lawsuit will be decreased by the percentage of your fault for the accident. For example, if a jury awards you $100,000 in damages, and you bear 30 percent of the blame, the most you can recover is $70,000.
Some states, including Tennessee, set a bar for recovery, prohibiting those at least 50 percent responsible for an accident from recovering. It’s important to speak with an attorney to fully understand the laws that apply in your state.
How Long Does it Take to Receive a Nerve Damage Lawsuit Payout?
The claims process can take months or even years. A lot of different factors can impact the timeline of your claim. Among those factors are the following:
- Whether liability is contested
- The extent of the injuries and whether you reached maximum medical improvement
- Disputes regarding damages or valuation
- The willingness of both parties to negotiate a settlement
Going to trial is a lengthier process than settling with the insurance company, taking months or years to resolve. However, it’s worth it in the end to receive fair compensation for your injuries.
Call The Champs
Nerve injury settlements and lawsuits are complex cases that require legal expertise and negotiation skills. It’s important to understand the extent of your nerve injury so you recover what you deserve and ensure you have enough to pay for your medical expenses for the rest of your life.
At NST Law, we’ve recovered over $2 billion in verdicts and settlements for injured clients. The following are examples of some of the verdicts and settlements we have recovered for our clients:
- $925,000 for a client injured in a locomotive accident
- $700,000+ for a man injured after a tree fell on him at a volunteer event
- $255,000 for a 21-year-old man who lost the use of his lower right extremity after the driver of the vehicle he was in lost control
- $189,688 for a client injured in an occupational chainsaw accident that resulted in nerve injury
Why Do I Need an Attorney to Negotiate a Nerve Damage Settlement?
You need someone on your side who knows how insurance companies work and can advocate for you. The personal injury lawyers at NST Law have over 30 years of experience negotiating with insurance companies. We won’t stop fighting for you until we’ve secured justice. Call us today for a free consultation.