Nerve damage is one of the most common types of preventable injuries in the United States. There are numerous factors which determine the overall value of a personal injury lawsuit for nerve damage. Below is a list of the most important factors in determining the value of an injury case. If you have any further questions and would like to speak with nerve damage attorney regarding the filing of a claim feel free to call our law offices toll free (855)385-2529.
What are the various types of Nerve Damages & How severe, are they?
The severity of nerve damage is a significant factor in determining the financial compensation which may be awarded in a personal injury cause of action. There are three recognized degrees of nerve damages.
- Neurapraxia: A less severe form of nerve injury. Neuropaxia nerve damage will usually recover within a few weeks to months with proper treatment and rehabilitation.
- Axonotmesis: A more serve type of nerve injury often resulting in paralysis and loss of sensory and motor functions in the part of the body sustaining trauma.
- Neurotmesis: The most severe type of nerve injury resulting in permanent lacerations and damage to the nerve. In such cases victims will sustain permanent disabilities including loss of movement in the limbs, numbness and irrecoverable paralysis.
Individuals with more severe types of nerve damage may require lengthy and costly medical procedures including.
(1) Extensive use of physical therapy including massage therapy and acupuncture
(2) Nerve graft surgery
(3) Nerve transfer surgery and
(4) Use of expensive medication.
Permanence of the injury – need for life care: In many cases nerve damage is irreparable even with rehabilitation care and revision medical surgeries resulting in a lifetime of pain discomfort, numbness and paralysis. Victims of permanent nerve injuries and paralysis may require life care assistance including home care, cooking, cleaning, nursing care, and transportation. The aggregate cost life care assistance may run into the hundreds of thousands if not millions of dollars. Victims of permanent disabilities from nerve damage are entailed to receive monetary compensation for the cost of basic living expenses.
What Are Signs of Nerve Damage After a Car Accident?
Lost wages and loss of future earning capacity: Victims of personal injury often miss days, weeks or months of work due to the tragedy they have suffered. In such instances claim for compensation will include the monetary amount of money lost due to the inability to work.
Loss of future income: A plaintiffs disability from an accident may result in a reduction in his/her projected earning capacity in the future. The calculation that is taken place in court is the estimated lifetime earnings of the plaintiff if there was no injury minus the projected lifetime earnings of the plaintiff who has is suffering from some type of disability which reduces his yearly income.
More on calculating future loss of earning capacity due to an accident see here “Recovering Future Loss of Earnings for Motorcycle Accidents“:
Pain and Suffering – Mental Anguish from the injuries suffered: The calculation for pain and suffering compensation in a personal injury cause of action is usually based on a Per Diem analysis. Jurisdiction which use the Per Diem system for the analysis of pain and suffering present the jury with a daily calculation of the emotional and physical pain and suffering imposed by the negligent party on the victim. Such calculations involve not only the pain and suffering that has taken place but future pain and pain and suffering. Under such calculations permanent disabilities such as nerve damage, scarring, disfigurement, paralysis, will be given much greater weight and are likely to result in greater awards and verdicts by juries.
Check also Nerve Damage After a Car Accident: Personal Injury Lawsuit Guide
What are various causes of Nerve Damage?.
Some of the most common are as follows
- Medical malpractice – surgical errors, IV infiltration, and failure to diagnose
- Birth Injury – Facial nerve damage bell’s palsy and cerebral palsy
- Auto Accidents – Including truck motorcycle and pedestrian injuries
- Slip and fall accidents
- Dog bites – and other animal attacks
- Accidents in the Workplace
- Acts of Intentional harm – assault and battery
Nerve Damage Case Value – Nerve Injury Lawsuit – Example
Carla is a 23 year old teacher who is a victim of severe nerve damage and partial paralysis of her arms due to a truck accident. Her injuries are permanent and she is unable to work because of the paralysis of both her arms.
- Medical Costs: $13,000
- Life time prescription Drug Costs: $69,000
- Future Rehabilitation costs: $50,000
- Loss of income: 30 years at $40,000 per year = $1,200,000
- Pain and Suffering: $500,000
- Life Care costs: $20,000 per year for 40 years = $800,000
Total values of her case is approximately $2,632,000
– What Are Signs of Nerve Damage After a Uber Accident?
Contacting our law firm – Second opinion from our experienced attorneys
If you have suffered nerve damage due to the negligent conduct of others and would like to learn more about pursuing a claim for compensation contact our law offices. Also our attorneys offer no cost second opinions and analysis on behalf of individuals who have an active personal injury claim with another law firm. We are able to provide victims with a detailed review where we can assess the potential settlement value of their claims.
I saw an oral maxillary dental surgeon on Nov 12, 2014 for removal of my lower teeth due to valley fever I contracted a few years ago. The dentist attempted to insert an IV in my right hand. He first hit an artery between my thumb and index finger. He then told me he could not insert the IV because there is an artery. I said “AND” lets not hit the artery. The dentist replied it’s an artery and goes onto spell the word A.R.T.E.R.Y. I thought to myself I am a retired RN and I know what an artery is and I certainly know how to spell it. I told this dentist prior to starting the procedure that I was a retired RN which seemed to irritate this dentist. He did hit the artery and then went to the lateral side of my right hand and tried 2 more times. I found out later he hit a nerve and instead of checking for proper placement of the IV with normal saline (which is the normal practice for checking IV access) the dentist injected the dental anesthesia medication of Lidocaine, Propofol, and Versed. Which of course started to burn terribly. I have a high threshold for pain and during my administrative positions I would allow my subordinate to practice putting IV’s in me so then would become more confident and be successful in inserting IV’s into our pediatric patients. Well back to the story, the dentist did not remove the Velcro tourniquet prior to injecting this medication. He then said he could not complete the procedure because he could not get the IV inserted. The medication started to take affect and the next thing I remembered was waking up 8 hours later with my right hand swollen to 3-4 times larger than my left hand. I went to my primary MD in the morning who sent me directly to the ER. This is where I found out the dentist hit my nerve and injected the medication into my nerve. MY hand is still numb and unable to hold onto small objects without dropping things. Now I have a 2-3mm burn on my hand at an old scar from having a metal bar inserted from a broken wrist. Will this pain and numbness go away and will this black burn get worse. I am in Culinary College and was unable to cook and cut food in the kitchen for school for 1 week due to the damage to my hand. I have been on several pain medications since then, such as Tylenol with codeine, Narco, Ultram and Tylenol 800 mg every 4 hours and sleep medicine. None of the pain medication has helped and the pain has never gone away. I of course write, cook and use a knife with my right hand. I contacted the California Dental board to file a complaint and have been speaking with an attorney from
Burbank which I got this referral from the California bar association. Apparently there is a lack of malpractice attorneys here in Bakersfield. I have copies of my dental records and the emergency room. I also have taken pictures on my computer of my hand. I want to start a lawsuit because this Dentist should not be allowed to do this to other patients. Physicians should not be doing nursing procedures and nurses should not be completing Physician procedures. I also contacted Medicare and MediCal informing they should not pay this Dentist for this procedure. They are investigating this wrongful procedure. I also would like to have some idea what monetary value is my right hand worth, besides if my hand is going to get better or worse. Besides the monetary sum I want this dentist to have to send me a dollar in a money order every month until he retires so he remembers what he did to one of his patients. I don’t want him to ever forget what he did to me. I have been a registered nurse and part of the IV team with the Visiting Nurse association home health agency in Ventura, CA and I have never, never hit an artery or a nerve in all of my 35 years as a pediatric and elderly nurse. I was also a Director of Nurses here in Bakersfield and Hanford and San Francisco so I know a great deal about Risk management cases from the administrative responsibility. I guess this dentist screwed up on the wrong patient. PLEASE contact me at 661-391-9804. Best time to reach me is in the morning since I have culinary classes starting at 11am. I wanted to get my teeth removed and have my dentures done before Christmas since I am planning a huge trip for me and my 15 year old son and wanted my teeth repaired so I can smile once again. I guess one could say all I wanted for Christmas is my two front teeth. I was and still am very distressed and concerned about the long term affects from this dentist. Unable to sleep due to the pain and throbbing in my hand. Hopefully you will be able to help.
Respectfully,
Lori Swarbrick M.A.O.M., BSN, RN, Culinary Student
I am a Neuromuscular Therapist and treat this type of pain routinely.Pinched nerve? Not lielky. That is not a medically accurate term and the condition is not that common when it occurs. Same goes for Sciatica.Aspirin, Motrin or any variety of the pain relievers do not fix this type of painful condition; they merely dull your sensitivity to the discomfort.I cannot tell you how many people come to me thinking they have sciatica or pinched nerves when really all they are dealing with is overly tight back and hip muscles. After I perform an hour or so of deep muscle massage and some stretching the pain is gone. The reason the pain comes and goes is that your muscles are on the verge of spasm all the time. When you engage in some form of physical activity, like walking, that’s just enough strain on the muscles to cause spasm and pain. Rest probably helps relieve it but the underlying cause still remains.The simplest thing to do is get some high quality deep muscle massage. I’m sure your low back and gluteuls (hip muscles) are overly tight and need some work to release them. You may also have trigger points, hyper irritable spots within these same muscles, that are referring pain from your back into your gluteuls or vice versa. Sometimes a tight hip muscle called the piriformis can squeeze on the sciatic nerve as is passes through the buttocks, but that is not a pinched nerve and is easily resolved with massage therapy. It’s highly unlikely that the pain you are experiencing has anything to do with discs or nerves. My experience has shown me that most of the pain you’re describing is coming from the muscles. Overly tight muscles and trigger points mimic pain that often gets diagnosed as sciatica.You also want to consider what the cause of this pain is: sitting too frequently or for long periods of time; weak hip muscles; not enough stretching or exercise; wearing high heeled shoes; injuries. Focus on the cause, not the symptoms.
it certainly could be a picnhed nerve, or a slight muscle pull also. either way one should be careful in treating it. picnhed nerve(s) can be felt down the back of one’s leg and also can be quite painful at times. seeing a doctor is always a good idea although there isn’t much they can do after diagnosis, except surgery and or medication. surgery bad, pills bad stretching good, breathing good, good diet good, heating pad good.don’t recommend chiropractors either but i’ve heard they can help.be careful and good luck.my treatment: 2 aspirin, followed by heat treatment, followed by slow and thorough stretching of lower body.
Dear Sir, I am seeking your advise, I had a bad ball into the sidewalk in Ct. falling flat with no brace to myself , i did not see what i fell on till later which was a hole in the sidewalk and a corried curb , My right foot went up and i was putting my left food up and then feel so fast into the sidewalk, Taking by ambulance i was seen by doctor and then other dr. i was in shock and had a concusion that lasted for months and not going out and resting most of the time so dizzy i than started to go about and when laying there i fouond my right hop was hurting and my ear felt as if a bug was in it and i wend to mare then one dr to try and see if a bug was in it
it got to such a point thata i was so depressed and did not want to live and then one dr found it to be a nerve daagae in the ear fro the fall and i was so happy he found what was wrong with me, he sent me to pT and it help me with a wonderul therpist get over it some but not for good , it still comes back on me at least one or two times a week but not the twenry fouor hurs of this i suffer in and sitll do for the time i have it and can not sleep , I as well in the fall hurt my hip and had a wipe lash and a scar on my nose and heurt my knee, my hip was a new injuury to me and i need a hop operation i put off for i have a bad heeaert and live on a thiry of a peice of kidney and had a lung cancer oopeation i am for the other not this fall ok the fall took from me my job and my work i do and it took from me the going about and enjoying life and doing this and my work at home my husband has to do almost all for me
and it is hard on him as well. I need your help , i did have a auto accident after the fall and the dr said i had to have a back opeation i have a pinched nerve in myj back and or shots i found a carproctor that help me some so i did not do either but do have this and have to tted to this a well. i am going for a sute for my fall but the layer isnot eilling to go for the money i due owe to me for all of this i am 72 year old now and the fall was 3 year ago of surring and trying to do all to get well. i am not as i said, do you consulat with other lawyer i need to get help about this please get back to me thank you and God bless i am happy i found you on line.
Broke my wrist skating approximately. A year ago,..it wasn’t set properly. Had two surgeries. After this last one. It has been over a month an I have severe. Pain in my hand, pointer finger an middle dinnerware numb,an pain shooting. Up into my elbow…..swollen can’t use my left hand
I went to pain management. Doc for cortisone shot in neck and woke up with winged scapular . Ever heard of a case like that.
I was in a car accident it was there fault. I was making a left hand turn into my moms drive way which is on a enter state highway. They were in the other lane trying to pass me and hit me in the driver side back door. In July it will be two years. The doctor I went to made me do 4 months of physical therapy after accident three times a week. Without giving me a MRI. So i quite going to him. I went back in may the followung year demanding a mri becaus my hole arm went numb. He finally gave it to me and I found out I had torn ligament in my shoulder. He set me up with suergury last June almost a year later. Now I find my self hold things in my left hand and it will just drop out of my hand. I have no feeling or sense or gripping. If you can maybe help me out on what I can do that would be great
Hi. About 8 months to a year ago I was injured at work. A box fell on my wrist and forearm. My boss at the time didn’t allow me to go in till 3 to 4 hours later to see a doctor because he was busy. It was so swollen by the time I got there they couldn’t see anything through x-ray then they continue to swell and the pain was bad. After having some test some thought it was a fracture but then it was ruled a sprain later. Which took 3 months to heal. Now is swells up from time to time which I figured. But 3 days ago it was swelling really bad and then pain sudden excruciating, I can’t extend my arm or twist it I can’t bend it up it hurts so much that I just want to rip off my arm. The pain keeps creeping up my arm each day at first it was just half way up my arm and now it’s past my elbow and the doctors for workers comp I said I could still. Although if my t-shirt brushes up against it I jumped back from the pain. They want to conduct a nerve damage test to see if there is any. I have never had any other injury to this arm besides this work injury. They just told me to take Ibuprofen and that does not help the pain. I have a pretty high tolerance so when I actually get this kind of excruciating pain and makes me worry and knowing workers comp it takes forever to get things done should I go see my doctor? Can They Force Me To Work without a doctor’s note saying I can’t? I honestly don’t know what to do. I feel like something is really wrong and by the time workers comp does anything about it it’s going to be too late. Everyday the pain is worse.
I’m a 41year old woman had bypass surgery having numbness tingling in my left arm on down my arm very painful can’t sleep cook nothing sharp pains constant non stop I don’t know these meds aren’t working bottom of feet same way I’m a mess my left breast same way help can I sue for this I’m suffering
Severe pain in hand arm numbness tingling sensation pain it is non stop I sit up at night crying it hurts so terribly.after my bypass surgery ml left breast same way legs are starting to feel the same my foot also its not getting any better been over a month now wondering if I have to live my life this way can’t cook button pants comb hair I’m disabled from this help me can contact me by phone also 616 4567181
I had aorta surgery on Aug 5. What n I Awoke my right arm was numb and a little swollen.After 2 weeks I went home to recover now pain started in front hand and elbow pain very severe at night can,t sleep even with prescription pills.Cardiologist was told of pain hoped it may go away with time he made appointment with neurologist for 8 weeks later. Sawnuerologist and had met test 3 weeks later.Dr. did test saw something find,t tell me what now I have appointment with orthopaedic Dr this week,this problem is getting worse by the day . What are my options should I be talking to lawyer? Can,t tie my shoes or use can opener get Keyes out of pocket and like I said getting worse by the day. PLEASE RESPOND totally lost and confused.Thanks for any help.
I am hoping a lawyer can help me figure out what my next step should be with my situation. Over the span of two-three months I had continued to go to the emergency room. Near the end of my ER visits the pain I was having was so severe I would lay on the floor, crying in pain. screaming, I had missed work throughout this time, and used up all of my vacation time and unplanned time to lay prostrate to avoid pain. It was all I could think to do. The medicine they prescribed me was completely inaffective. All five times I was diagnosed with Sciatica. the last time I had went to the hospital, I lay in so much pain they ended up giving me morphine injections and valium injections into each of my legs, to which STILL, no pain relief AT ALL. The doctor came in and I told him over and over, that the pain had not stopped AT ALL. And that it could NOT be sciatica, something HAD TO BE WRONG. He said it was a Sciatica “flare-up” which is why it had hurt so much more. As sciatica is not cureable as I was told it was due to my weight and I needed to lower my weight. throughout my ER visits I had dieted and it did not help though I had lost weight. I laid there and REFUSED to leave, to which the nurse told me that the doctor would give me nothing else, and that I had to leave. I pleaded with her to help me and they simply told me there was nothing more they could do because it was sciatica. Shortly after I went to see my Primary doctor and told him what had happened. He said that the ER doctors were obviously incorrect and scheduled me an MRI with a company, I went at 8pm at night on a Friday to get in quickly. I ended up being diagnosed with having seven herniated discs. damage so bad I am no longer working as prescribed by the doctor, and what is worse, the pain got worse and worse from me continuing my life as told by the doctors. I was misdiagnosed, and I suffered very much for it. for what felt like an eternity. I am now in the midst of applying for short term disability. My pain management doctor is prescribing me oxycodone/morphine for pain and has me on nerve pain medicine due to the extensive damage and pain I am in. something I could have gotten relief from months prior, or immediately as an ER is intended for has my doctor not misdiagnosed me and attempted to dig deeper into the problem. I believe he had stereotyped me as someone seeking pain medicine since my injury was not visually apparent, to which I paid the price, dearly. Now the advice I need is simply this. Is this something I should LET GO, or something they should be held and/or COULD be held responsible for. I feel so frustrated and victimized by this whole thing and have no idea how to react to this. Either way, ER’s should not treat ANYONE, the way I was treated. And changed my entire outlook on emergency rooms for the rest of my life. Please downtownlalaw, advise accordingly. Thank you for your time.
-Justin
Im a 32 yr.old man in Louisiana and recently less then 15 days ago. I was admitted in the hospital for pancreatitis and upon my stay an RN was attempting to insert an IV needle in my hand and during that action she failled to find a vein. She maneuvered the needle left to right in a windshield wiper way and I felt the needle graze a bone and a sharp pain shot up to my ring finger. At first it just felt tingly whenever the top of my hand was touched by anything but it has advanced to the shooting pain that I first felt when the IV was inserted and Im wondering what kind of action can I take about this matter if any action is can be taken.
From Steroid shots & left hand & left arm. Have nerve damage.
I am a 48 year old woman, I had aortic by femmoral bypass surgery last Feb, 2016. Ever since I had it I have nerve damage in my left artery cause the nerve damage makes my leg fall asleep or go numb all the time now, especially when I fall asleep. I am back on gabapentine 200 mg 3 times a day , my doctor that did that in ky isn’t doing it anymore all of a sudden and had bad ratings. I also have to have another surgery in a week cause on ventral hernias with same place but a differ doctor. I was curious on if I have a case and what can I do. Please respond.
The Dr on April 10 -14 -16 did a lumber puncher he went to far could walk something was wrong with my spinal cord I now in pain every day of my life pay for Doctor and medications testing emg bulging desk sciatic nerve damage and several other nerves by the vertebrae’s to spinal cord injections nothing works this happen at hospital in the Er do not think this Dr has done lumber puncher before he put me in a 90° angle and never took a look before he put that needle inside my spinal cord to take the fluid off of it
I went to doctor with back pain. Was told it was a pulled muscle on my left side. The nurse gave me a pain shot in right hip. Later that night I was waking up with a burning pain in the calf of my right leg and ankle. The pain was so severe I could hardly walk. I went back to doctor the next day. I saw a different Doctor and I was told that it was nerve damage. A went back to my doctor a few days later and was told the same thing. I was referred to a orthopedic Doctor. He sent me to physical therapy which hasn’t helped. Now I have to have a mir on my back. I had no problem with the right leg until the shot. It’s been 2 months and I still have a burning pain in my right leg, walk with a limp, and can’t lift my foot up off the floor. The orthopedic doctor said I may need surgery. Can the doctor that gave me the shot be held responsible for the nerve damage in my leg.
I Went to the hospital on 04/10/2019 To have a Abcess/Boil Lanced on my Kneecap, when i went back and the Dr Seen me She First Gave me a shot of Morphine “That made me very sick and Dizzy” Then put Topical Lidocaine onto a cotton swab and let it sit for 20 mins, after the 20 mins was up, the Dr then came back into the Room and had a Needle that she had then used to Stick me 7x’s into my Kneecap, 3x’s in the top of my Kneecap 3x’s in the bottom of my Kneecap and once in the Dead center of the Boil, during the time she was Injecting me she was telling me there is a strong Possibility i will Suffer Permanent Nerve Damage to my Knee, i asked her “why” and she told me its because of the way she had injected me that would be the reason for the Permanent Nerve Damage, she then took the Scalpel and cut the Boil open but nothing came out, no drainage or pus that came out, only blood. The Lidocaine never even Numbed My Knee, I Felt it when She used the Scalpel and Cut the Boil Open, I Told her that i Could feel it but she Continued and was telling me that it had to be Done so i should just Suck it up. I Told her “You Just used Topical Lidocaine, Stuck me 7x’s with a needle with what was supposed to be Lidocaine inside,, cut me with a scalpel, and I felt no Numbness at all and told you but you want me to suck it up’? I just need something for pain and i need my Discharge papers so i could go home and i need a work note to take to my job. She Prescribed me Clindamycin (CLEOCIN) 150mg Capsule, Take 3 Capsules (450mg total) four times a day for 10 Days Qty 120, that was too Expensive it was Like 100 Something, and she Prescribed me Percocet 20 Tablets which mad me Sick as well. I Need Help please…..
I had a total left done in 2014, my doctor told me that it would correct itself. I have gone through physical therapy many times. Every time I went to the doctor he would xray my knee and say it was ok. I told him about the numbness around my knee and the bottom of my foot.He keep telling me it would get better it just takes time for the nerves to get right after surgery. This went on for years and is not any better. My Neurosurgeon set me to a nerve specialist. He did a nerve conduction study June 5, 2019. He told me that I have nerve damage and it’s at the knee which happened in surgery. I want to know if I can sue the doctor for this now.
I had a parotidectomy for a tumor in that area. The Dr severed my 5th facial nerve which is the one that controls the function of that side of the mouth. He said he did it because the tumor was wrapped around it, however it never showed in CT scans, MRI’s etc as being wrapped around the nerve. He did reconnect the nerve. A year and a half out and I do have some function back, but my smile will never be the same and it was a long and somewhat embarrassing road(no one wants their mouth to operate incorrectly trust me. I have had constant jaw pain on that side since and no one seems to be able to tell me why. My neurologist agreed its nerve pain and now I get to take 89 Gabopentin a day(not enjoyable). The dr that did it has finally made me appointments for the facial nerve clinic who can try to fix the indent I have in my face from the nerve attachment and to the oral/facial pain clinic at Tufts. Prior to last friday he did not want me to do either. I don’t know if I have a case as I have never even considered anything like this?