Nerve Damage is a common injury sustained by victims of auto accidents, workplace incidents, dog bites, slip and falls, and cases medical negligence including surgical malpractice. One of the most frequent questions asked by victims of severe nerve damage during consultations with our attorneys is, “how much my case is worth,” or “what the value of my case”. The estimated value of a personal injury case is dependent on numerous factors unique to the individual harmed. Only a qualified attorney who investigated the facts of your case will be able to determine the estimated value of your claim.
Below is detailed information regarding the most significant factors involved in determining the value of a nerve damage claim.
If you have any further questions and would like to speak with an attorney or receive a full no cost legal consultation regarding your claim contact our law offices toll free (855)385-2529.
Factors in Determining the Value of a Nerve Injury Lawsuit:
1. Severity of the Injury Suffered: The extent of an individual’s injury is the chief factors in determining the estimated probable value of a personal injury lawsuit. There are several degrees of nerve damage including
- Neurapaxia: Where the structure of the nerve remains intact usually resulting in full recovery
- Axonotmesis: A more severe type of nerve injury often resulting in long term or permanent paralysis of motor and sensory functions.
- Neurotmesis: The most severe of all types of nerved damage. When this type of injury occurs, the actual nerve is severed entirely, leaving you with permanent damage.
The severity of the injury will likely be based on a victims medical costs, including emergency room visits, hospitalization, prescription and over the counter drug medication, and revision surgeries.
2. Cost of Future Disabled Care and Medical Care: In some severe cases victims of nerve damage will suffer paralysis including quadriplegia and tetraplegia. According to recent studies by the National Institute of Health and the Center for Disease Control the average life time health and life care costs including nursing care, home care, and transportation, of individuals suffering from severe cases of nerve damages is between 1.5 million to 2.5 million dollars. Victims of catastrophic injuries resulting in a permanent need for care are entitled to financial recovery from at fault parties.
3. Lost Wages and Loss of Future Income Due to Disability: Lost wages are usually calculated via pay stubs. In instances vocation experts will be brought in where a calculation for future loss or reduction of income is required.
4. Pain and Suffering Associated with Injury Suffered: In most cases pain and suffering calculation is based on the severity of the injury multiplied by the number of days a person suffers. For example a jury places the daily value of pain and suffering for a victim of severe nerve injury resulting in paralysis at $300; this is multiplied by the number of days a victim is expected to suffer from the injures which is established by the court at 600. Thus the pain and suffering value of the individuals case will be $300 X 600 = $180,000.
5. Availability of Punitive Damages: In most cases punitive damages are awarded when a defendant acts intentionally to cause a plaintiff harm, or acts in reckless disregard for the health and safety of others. Punitive damages are intended to punish at fault parties so that they will refrain from future conduct resulting in similar injuries. California courts and the United States Supreme Court have established a premise where punitive damages cannot be awarded in excess of 10 time the value of actual damages.
Compensation for Injuries Suffered: Victims of personal injury are entitled to compensation for all damages suffered due to the negligent or intentional conduct of others.