Nerve Injury Compensation Claim

How to Make a Nerve Injury Compensation Claim

The purpose of this article is to provide you with important information about how you can make a nerve injury compensation claim, and to advise you of a number of procedures which should be followed after an injury has been sustained to ensure your right to recover nerve damage compensation is not lost.

There are many factors that can influence whether a compensation claim for nerve injuries will be successful and, since no two cases are exactly alike, to receive individual advice about claiming for having damaged nerves in an accident for which you were not to blame, we strongly recommend discussing your case with a personal injury solicitor.

Obtaining compensation advice promptly after an accident can increase the probability of you being able to successfully claim compensation for nerve damage. A solicitor will assess the circumstances under which you sustained your injury and you will be advised if a claim is possible, in addition to being given specific instructions on the procedures which should be followed in order to make a claim for nerve injuries.

There Has to be Negligence in Order to Claim Compensation for Nerve Damage

In order for compensation for nerve damage to be recovered, your injuries must have been sustained as a direct result of the negligence of at least one third party. Furthermore, there must have been a duty of care owed to you and that duty of care must have been broken in order to make a nerve injury compensation claim.

If a third party was responsible for you having damaged nerves in an accident it should be possible to claim nerve damage compensation, provided that your injury could have been prevented if the third party in question had taken a reasonable amount of care to keep you safe and out of harm’s way.

It must also be possible to prove that your nerve damage was directly caused by third party negligence in order for a compensation claim for nerve injuries to be successful. If you or your chosen solicitor can collect evidence of negligence to substantiate a claim for nerve injuries there is a strong probability that you will be able to recover accident injury compensation.

How Much Nerve Damage Compensation Can I Claim?

Compensation amounts for having damaged nerves in an accident are not fixed, and will primarily be dictated by the severity of your injuries and if permanent damage has been caused. The amount of nerve damage compensation that can be claimed will also depend on many other factors, such as your age, sex and general state of health at the time of the accident. If you have been in considerable pain, suffered substantial loss of amenity or have developed psychological issues as a result of the accident or injury, these must also be factored into your claim for nerve injuries.

A nerve injury compensation claim is not only concerned with providing recompense for pain and suffering, as it is also possible to recover costs and expenses which have been – or will be – incurred as a result of an injury.

Compensation for nerve damage can be claimed for medical expenses, the cost of surgery, prescription costs, alternative transportation, loss of earnings and damage to personal property in an accident, in addition to other costs that were or will be necessitated by your injury.

In order to recover costs in a compensation claim for nerve injuries you must be able to provide proof of expenditure; so it is important that you retain receipts or invoices to submit with your claim.

Legal Procedures to Recover Compensation for Having Damaged Nerves in an Accident

After your accident has been investigated and evidence of third party negligence has been collected, the first stage in the legal process of making a compensation claim for nerve injuries is the drafting and issuing of a letter of claim to the insurer of the negligent third party responsible for your accident. Twenty-one days must be provided for the insurer to respond to the letter, and a further ninety days must be allowed to enable the insurance company to conduct an investigation into how you damaged nerves in an accident.

If liability for the accident is accepted, the next stage in the claims process is the negotiation of an appropriate settlement of compensation with the insurance company that provided the policy against which nerve damage compensation is being claimed. If negotiations stall or if liability for the accident is not accepted, it will be necessary to issue proceedings and a nerve injury compensation claim will need to be litigated through the courts. If this is necessary, your claim for nerve injuries must go before a judge to be decided and if the case is successful, the judge will decide the amount of compensation for nerve damage that is awarded, and the insurance company will be ordered to make payment to you.

Your Nerve Injury Compensation Claim and Third Party Capture

The insurance company of the negligent third party who caused you to sustain an injury may make an offer of compensation for nerve damage directly to you if your accident clearly resulted from third party negligence. An offer of settlement may be welcome if you are suffering financial difficulties as a result of your injuries, but in most cases it is necessary to make a nerve injury compensation claim to ensure the maximum entitlement to compensation is recovered.

If you receive an offer of nerve damage compensation from an insurer it is vital that it is assessed by an independent personal injury solicitor before you make a decision to accept or reject it. Although you damaged nerves in an accident it is unlikely that the insurance company will be aware of the severity of your injuries, how they have affected you personally and the costs you have incurred, and as such there is considerable potential for your nerve injury claim to be undersettled.

If you reject the settlement offer you will be able to pursue a more appropriate compensation amount by making a claim for nerve injuries. After your solicitor assesses the offer to establish if it is suitable, you will be advised of the level of compensation claim for nerve injuries that can be recovered by making a claim, and you can then make an informed decision about what is right for you.

Your Compensation Claim for Nerve Injuries and the Statute of Limitations

There is a limited period of time in which a nerve injury compensation claim must be made that is dictated by the Statute of Limitations. The Statute of Limitations for making a claim for nerve injuries in the UK is usually three years from the date the injuries were sustained; although if your accident occurred on an aeroplane or a boat you will only have two years to make a claim. If a child has damaged nerves in an accident, the same three year time period applies although the start of the claims period is the child’s eighteenth birthday and not the date that the injury was sustained.

You may appear to have ample time to make a compensation claim for nerve injuries but it is important that you seek legal advice from a personal injury solicitor as soon as possible. The investigation phase of your case can take some time to complete as a claim for nerve damage compensation must be thoroughly prepared, and time must be allowed for evidence of negligence to be gathered.

If your case is not commenced within the time frame dictated by the Statute of Limitations, your claim may be time barred and you will lose your legal right to recover compensation for nerve damage.

Summary of Actions to Take in Order to Claim for Nerve Injuries

The best course of action to take after you have sought professional medical attention for having damaged nerves in an accident is to consult a personal injury solicitor for legal advice. Eligibility to recover compensation for nerve damage will be assessed and you will be advised about the steps that should be taken next to start legal action against the negligent third party responsible for your injury.

It is important that you find out about the strength of your compensation claim for nerve injuries as well as the amount of nerve damage compensation you should be entitled to recover, and a solicitor is in the best position to provide specific legal advice relating to your case. When you have all the relevant information you should be able to make an informed decision about whether or not to make a nerve injury compensation claim to receive recompense for your nerve injuries and to recover any expenses you have incurred.

Making a claim for nerve injuries cannot turn back the clock, but it will ensure are not made to suffer financially for being injured in an accident that was caused by someone else.


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