Nerve Damage Claims

Trusted solicitors for nerve damage claims

The pain and challenges associated with nerve pain can affect your quality of life and cause a significant amount of emotional distress. At Gibson & Associates LLP, we understand how difficult it can be to come to terms with the physical and emotional toll of your injury. Whether your nerve damage resulted from medical negligence or an accident, our experienced team is dedicated to providing you with expert legal guidance to make a claim for financial compensation.

What is nerve damage?

Nerve damage, also known as neuropathy, refers to an impairment or dysfunction of one or more nerves within the body’s nervous system. Nerve damage can occur anywhere in the body.

Nerves play a vital role in transmitting messages between the brain and other parts of the body, facilitating movement, sensation, and various bodily functions. When nerves become damaged, it can lead to a range of symptoms such as pain, numbness, tingling, weakness, or loss of function in the affected area.

Nerve damage caused by medical negligence

Medical negligence can result in nerve damage when healthcare providers fail to meet the standard of care expected of them and breach their duty of care to their patients. Physicians are entrusted with the responsibility to diagnose, treat, and manage medical conditions and prioritise patient safety.

Sometimes they can make mistakes, and when they do, patients can experience a range of injuries including nerve damage.

Examples of medical negligence leading to nerve damage include surgical errors, such as nicking or cutting nerves during surgery, and misdiagnosis or delayed diagnosis of conditions affecting the nervous system, such as spinal cord compression or nerve impingement.

When anaesthesia isn’t properly administered during surgery, or when patients aren’t properly monitored throughout a procedure, nerve damage can also occur.

When medical negligence contributes to nerve damage, the patient could have grounds to submit a claim for financial compensation for the suffering they have endured, the medical expenses they have incurred, as well as other factors such as lost wages and future lost earnings if the nerve damage has affected their ability to work.

Nerve damage caused by accidents

A range of other factors can contribute to nerve damage, such as traffic accidents involving motorbikes, cars, or bicycles, and those that happen in the workplace. These include:

  • Whiplash injuries, common in rear-end car accidents, can strain or tear nerves in the neck and spine.
  • Herniated discs that can compress nerves, causing pain and dysfunction.
  • Pinched nerves due to sudden jolts or compression.
  • Electrocution accidents, where the electrical current’s impact on the nervous system can damage nerves.
  • Slip and fall accidents at work, especially if individuals land awkwardly or on hard surfaces.
  • Falls from heights in industrial settings which can lead to nerve trauma and compression injuries.
  • Machinery accidents that crush or lacerate nerves.
  • Carpal tunnel from repetitive strain injuries.
  • Exposure to toxic substances that can cause neuropathy and other nerve-related disorders.

Symptoms of Nerve Damage

Symptoms of nerve damage can vary widely depending on the type and location of the injury, as well as its severity. Common symptoms may include:

Pain:
Nerve pain can range from sharp and shooting to dull and throbbing, often radiating along the path of the affected nerve.
Numbness or tingling:
Loss of sensation or abnormal sensations like tingling or pins-and-needles
Weakness:
Muscles connected to the affected nerve may weaken, leading to difficulties with movement or coordination..
Loss of reflexes:
Diminished or absent reflexes in the affected area can indicate nerve damage.
Burning sensation:
Some people can experience a burning sensation when nerve damage occurs. .
Hypersensitivity:
Nerves can become hypersensitive, leading to heightened sensitivity to touch or temperature changes.
Muscle atrophy:
Chronic nerve damage can lead to muscle wasting or atrophy in the affected area.

Symptoms of Nerve Damage

Symptoms of nerve damage can vary widely depending on the type and location of the injury, as well as its severity. Common symptoms may include:

Pain: Nerve pain can range from sharp and shooting to dull and throbbing, often radiating along the path of the affected nerve.

Numbness or tingling: Loss of sensation or abnormal sensations like tingling or pins-and-needles.

Weakness: Muscles connected to the affected nerve may weaken, leading to difficulties with movement or coordination.

Loss of reflexes: Diminished or absent reflexes in the affected area can indicate nerve damage.

Burning sensation: Some people can experience a burning sensation when nerve damage occurs.

Hypersensitivity: Nerves can become hypersensitive, leading to heightened sensitivity to touch or temperature changes.

Muscle atrophy: Chronic nerve damage can lead to muscle wasting or atrophy in the affected area.

How to Make a Claim for Nerve Damage

Your eligibility to make a claim for financial compensation for nerve damage will rely on the following factors:

  • Whether there was a duty of care owed by a third party, such as a driver, employer, medical professional, or property owner.
  • Whether you can demonstrate the third party’s failure to fulfill this duty of care, either through negligence or carelessness.
  • Providing clear evidence that links the breach of duty or negligence to the nerve damage injury.

Gathering evidence like medical records and test results is key, and sometimes, getting a medical expert’s opinion can help strengthen your case.

Our skilled team of solicitors will help you gather the necessary documents and evidence to support your claim.

Frequently Asked Questions about Surgical Negligence

Is there a time limit on making a claim?

Legal proceedings must be commenced within two years of the date of knowledge of the injury, subject to certain exceptions. In a lawsuit, the ‘date of knowledge’ refers to the date on which the plaintiff knew or ought to have known that he or she had suffered an injury.

An important exception is in the case of persons under the age of 18, who are described in law as minors or infants. For minors, the Statute of Limitations ‘clock’ does not begin until a child reaches their eighteenth birthday. For more information see Child Injury Claims.

What will compensation cover?

Compensation for nerve damage can take into account the pain and suffering you have endured, and any expenses you might have incurred such as medical treatments and future medical needs for recovery.

Additionally, compensation may account for lost wages and potential future earnings if the nerve damage has affected your ability to work.

How do I access my medical records?

A copy of your medical records can be requested from the hospital, clinic, or medical professional that treated you under the Freedom of Information Act. Alternatively, we can arrange to obtain a copy of your records on your behalf; to do so, you will need to sign an authority form that gives us permission to obtain your records.

Expert advice for your nerve damage claim

Nerve damage can be extremely distressing and we understand the toll it can take on your life.

If you’ve suffered nerve damage due to medical negligence or an accident that wasn’t your fault, you may be entitled to make a claim for financial compensation.

While this might seem overwhelming, our dedicated team will support you every step of the way, relieving your anxiety around the process and making it as simple as possible.

As one of Ireland’s leading law firms, we pride ourselves on tailoring legal advice to suit each individual’s situation, to achieve the very best outcome possible.

For a confidential discussion, please don’t hesitate to contact us today at 01 264 5555.