Nerves are the basis of our nervous system that connects our brain to the rest of the body. They are fragile and even minor damage can cause vital problems. As our body is connected by nerves, all types of accidents may lead to nerve damage including but not limited to ulnar, lingual, and sciatic nerve damages.
Mostly, repetitive movements, medical negligence, workplace and car accidents cause nerve damage that is subject to a compensation claim.
Can I claim compensation for nerve damage?
Nerve damage may severely impact your daily and work life since it has profound implications. Compensation entitlements depend on where the injury occurred; for example, you can claim under the Workers Compensation scheme for nerve damage if you suffered an injury during the course of employment. You can also claim compensation if your injuries occurred due to a motor vehicle accident, medical negligence, and slip & fall. You can also make a TPD claim if nerve damage has prevented you from being able to work.
What are the compensation benefits for nerve damage?
If you have suffered a nerve injury during work, depending on how the injury occurred, you may be entitled to:
Medical expenses
Reasonable and necessary medical expenses due to your injuries
Weekly payments
Payments for loss of earnings
Lump-sum payment
Pain and suffering lump sum payout if your whole person impairment is assessed at being greater than 10%
Common law payout
Work injury damages payout if your whole person impairment is greater than 14% and your employer was negligent
Whiplash injury due to a car accident is one of the most common causes of a nerve injury. Whiplash by definition means soft tissue not causing nerve damage Incorrect use another example such as nerve impingement from a disc injury in the spine Click below to know the entitlements if you are injured in a car accident.
If you are unable to work due to nerve damage, you may be entitled to claim TPD superannuation benefits regardless of where the accident occurred. Click below to know your entitlements under TPD/Superannuation claims.
Dental nerve damage is one of the most frequent reasons for medical malpractice claims. Click below to know your entitlements under medical malpractice.
How much compensation can I claim for nerve damage?
Nerve injuries are complex, and they can occur in any part of the body. As all injuries and cases are unique, it will not be accurate to state a specific amount for nerve injuries without knowing the details of the claim.
The amount that an injured person may claim is calculated according to the type of injury, recovery time, age, economical loss, being able to work, and so on. Our personal injury lawyers are experienced in nerve damage injuries and they can estimate your compensation benefits and inform you about them on a free claim check.
What are the time limits?
Each claim type has its own time limit to lodge forms and to commence in court or the personal injuries commission. Even though time limits can be extended in some circumstances, you generally have:
- 6 months for work-related accident injuries
- 28 days or 3 months for motor vehicle accident injuries
- 3 years for work injury damages / common law claims, public liability claims and medical negligence claims.
How can I make a nerve damage injury claim?
We recommend you first contact our personal injury lawyers to make sure you are you understand the process, entitlements and time limits first.
How long does it take for my claim to be settled?
Theres no clear-cut answer without finding out your specific circumstances; however, personal injury lawyers resolve claims, generally in 1.5 – 2 years if your injuries have not required surgery and your claim resolved by way of settlement or determination without the need to commence court proceedings.
No win no fee injury lawyers
Our firm works on a No Win No Fee basis which minimises the financial risk of your claim. Feel free to reach our personal injury lawyers for a 100% free claim check; call us on 1800 952 901 or fill out the form below to get a call-back.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Work Cover Independent Review Office
• Member of the Law Society
