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Pain and suffering damages as part of a personal injury claim can significantly change what amount of compensation a person is entitled to, especially after a car accident. Nerve damage is one of the most complicated and potentially catastrophic injuries a person can suffer: a fact that the average payouts usually reflect.
Serious injuries such as nerve damage that cause severe physical pain or permanent damage demand higher settlements for pain and suffering.
A personal injury attorney is the best person to help ensure that insurance companies pay a fair and just amount to an injured car crash victim.
Understanding more about the average settlements for a nerve injury and what factors can affect the compensation owed could help a person with an upcoming claim against a liable insurance company.
Compensation for Nerve Damage Injuries in a Nutshell
The average car accident settlement for nerve damage after a car crash is hard to quantify. Nerve damage can range from minor short-term discomfort to permanent paralysis, and the settlements vary to match.
Most car accident cases that involve any kind of serious but non-life-altering injury (including nerve damage) settle for between $15,000 and $100,000.
A car accident lawsuit for personal injury cases where severe nerve damage significantly changed a person's quality of life could, and does, settle for millions.
Each personal injury lawsuit is different, as is every car accident. An average figure matters very little when claiming pain and suffering damages, so it is essential to have the best car accident lawyer on your side.
Powell Law offers a free consultation to anyone who has suffered nerve damage or another personal injury in an auto accident.
What Is the Difference Between a Personal Injury Claim and Pain and Suffering Damages?
The terms "pain and suffering" and "personal injury" are often used interchangeably since both play vital roles in a car accident claim. In short, the difference is as follows:
A personal injury case is where a person claims for tangible expenses directly resulting directly from an injury suffered. It may include medical bills, physical therapy, prescriptions, and any other medical treatment received because of an auto accident.
Pain and suffering, on the other hand, covers much more than just the actual cost of medical bills. Car accidents cause far more distress than what the medical records show, and many injury claims are going to last a lifetime. The pain and suffering value is calculated based on how much an injury is likely to affect a person's life.
Types of Nerve Damage and How They Affect a Car Accident Settlement
There are three different nerve groups in the body:
Motor Nerves are part of the central nervous system that sends signals to all the muscles in the body to help them function. They are located mainly in the spinal cord.
Autonomic Nerves keep the body functioning by triggering the natural internal systems such as blood flow, heart rates, and breathing.
Sensory Nerves send signals and information to the brain relating to external factors. That includes temperature, pain, and the details of anything that a person comes into contact with.
A nerve injury to any one of these groups can seriously impact somebody's life in many ways. Each nerve group has a very different function, and the loss of each has vastly different consequences. The type of nerve damage injuries sustained in a car accident plays a significant part in any potential final settlement offer.
Neurapraxia
If the nerve remains intact, it is known as neurapraxia. Stretched or pinched nerves fall into this category since they can usually be reverted to their original state through physical therapy and medical care.
Neurapraxia is the lowest severity of nerve damage severity and almost always leads to a full recovery, meaning the settlements tend to be lower. That said, there are exceptions, and the other elements in an auto accident personal injury case can play an important role.
Axonotmesis
Nerve damage where the structure of the nerve is compromised but not entirely destroyed is called axonotmesis. This type of injury can cause severe pain and has the potential for long-term impact.
A personal injury lawyer can help to emphasize the pain and suffering caused by axonotmesis nerve damage.
Neurotmesis
Neurotmesis is an extremely severe injury to a person's nerves. It results from a serious injury that causes a nerve to sever completely. When that happens, there is almost guaranteed permanent damage and continuous medical treatment for the rest of the person's life.
The average settlement offer for a person who has suffered neurotmesis is usually much higher due to the life-long impact.
Other Factors that Contribute to Pain and Suffering Damages
A car accident settlement is far more complicated than paying for a new paint job. A personal injury lawyer goes after compensation for not only the tangible medical bills and expenses but also the intangible pain and suffering that comes along with it.
Here are some of the main contributing factors in car crash nerve damage settlement offers.
Overall Injuries Suffered
Of course, the severity of the injury plays a significant part in the final offer. If a person has suffered nerve damage alongside other injuries causing severe pain, every element is considered.
Medical records are used by the representing law firm to confirm exactly what physical harm was caused.
Total Price of Medical Care
Medical bills are one of the most frightening parts of the recovery process. Car accidents often lead to astronomically high costs for health care alone.
Insurance companies are liable to cover the costs incurred after a car, motorbike, or truck accident, but they may need to pay more.
Personal injury lawyers also push for insurance coverage for the ongoing costs of prescriptions, therapy, future treatment, and potential operations.
Lost Wages
Let's not forget that while these bills are adding up, the victim is in recovery and unable to work. Some types of nerve damage may leave them unable to work for the rest of their life.
The liable insurance company should pay for any income a person would have earned had they not been involved in the accident, and if the damage is long-term, they may have to pay for some future losses in addition.
Mental and Emotional Pain and Suffering
Pain and suffering claims are arguably the most complicated part of any car accident settlement, especially when it comes to the injury that people can't see.
Trying to put a monetary value on the emotional trauma that car accidents cause is extremely difficult.
Somebody who knows they must now face chronic pain or disability on some level for years to come is deserves something more than having their hospital costs covered.
If a drunk driver causes permanent nerve damage to a young person with a whole life ahead of them or a parent who supports their family, then the mental impact of those actions must be addressed.
Even for a pinched nerve, which is a relatively common injury sustained in car accidents, the emotional pain and suffering that the shock and trauma of the incident and the recovery process not knowing how much pain is going to be there and for how long is debilitating, and the at-fault party's insurance company is liable.
Long-Term Impact
Nerve damage injuries can potentially be permanent, and they often are. How much the injury affects a person's life, and for how long can completely change a settlement offer.
Neck injuries, for example, can leave a person paralyzed and confined to a wheelchair- which is one of the most severe outcomes possible. Back pain because of a crushed nerve can also leave a person limited in what they can do for the rest of their life.
Pain and suffering settlements are usually much higher if there is the certainty or extreme likelihood that the victim's life is forever altered because of the nerve damage or other injuries suffered.
What Other Factors Can Influence a Settlement Amount?
In any personal injury case, especially those involving a car accident, there is more than just the nerve damage and the consequences that can influence a payout. Regardless of the injury, the following things are important.
Insurance Coverage
In some extreme nerve damage cases, settlements can reach six or even seven figures. Most driver's insurance policies simply do not have that much coverage. Depending on the injury, other avenues may need exploring if the potential compensation exceeds the policy limit significantly.
The details of the at-fault party's insurance should be collected as soon as possible to give as much time as possible to figure out if the limits are sufficient or not.
The Evidence (Strength of the Claim)
Sometimes it is simply impossible to argue with the evidence, and cases are resolved very quickly for a lot of money in an effort to smooth things over quietly.
If a victim has irrefutable evidence that a certain party is wholly responsible for their injuries, the chances are that a settlement agreement is favorable, since suing in court could get very messy- and very expensive.
In claims with limited evidence, insurance companies are more likely to try to underpay and throw out lowball offers to shake people down. In some cases, they may refuse to pay based on the lack of solid evidence.
A weak claim does not necessarily mean a settlement is impossible, but it is more difficult to reach the amount the victim is perhaps expecting.
Because of this, victims who are capable of doing so should gather as many statements, photographs, and details at the scene of the accident as they possibly can.
Hiring an Attorney
The average settlement amount in any car accident case is almost always higher when the victim has legal representation. An attorney knows the law inside out and has multiple tools at their disposal to drive the negotiations up.
It is far easier to deal with harsh negotiating when you are not recovering from a traumatic event and potentially severe injury. Many people settle for too little just to put it all behind them.
What Is the Average Car Accident Settlement for Car Accident Victims with Nerve Damage Injuries?
The average settlement amount is hard to pinpoint because of how varied a nerve damage injury can be. Car accident settlements, in general, are very difficult to estimate because of all the external factors already discussed.
Regarding nerve damage, there is limited public information in relation to settlement agreements since they are often settled quietly out of court.
Based on the public averages of car accidents in general, a very rough estimate is as follows:
In accidents with mild injuries but significant enough to require ongoing medical care, the average settlement ranges from anywhere between $10,000 and $70,000. These figures are so far apart because two minor injuries can cause different consequences for the victim.
Car accidents that cause spinal injuries (including nerve damage) but do not leave the victim paralyzed settled for an average of $70,000 to $100,000.
If the nerve damage in some way results in brain damage (again, not including paralysis or severe disability), the settlement could reach up to the region of $250,000.
Accidents that leave a person permanently disabled, either due to traumatic brain injury or paralysis, can settle for hundreds of thousands or even millions of dollars. If the nerve damage means that the victim's life is significantly altered and restricted, there is no knowing how much the insurance company and at-fault party may be liable to pay.
Ultimately, a car accident settlement involving a nerve damage claim is extremely difficult to predict. These figures are estimated based only on the information that is publicly available and is not guaranteed in any way.
A pain and suffering settlement involving nerve damage is often very serious. The attorney fighting for justice can use all the tools at their disposal to reach the best possible financial outcome in a terrible situation.
How Can a Car Accident Lawyer Help you Claim for Nerve Injuries?
Reaching a fair settlement offer after suffering any kind of nerve damage in an accident is no mean feat. An experienced car accident attorney can fight for the accident victim and strive for justice.
Recovering after a traumatic incident is a hard road, especially when dealing with the pain and worry of a nerve injury.
Many people end up settling for far less than their pain and suffering is worth, simply because they do not have the energy or will at that moment to push for more.
Insurance companies want to pay out the minimum possible amount, and they may try to lowball victims hoping that they do not have legal representation.
An attorney makes sure this does not happen and can provide guidance and advice on what amount is worth settling for.
The are many external factors that can affect car accident settlements, and the lawyer representing the victim is one of them.
Average nerve damage settlements and car accident compensations are much higher with professional legal representation, so it is worth reaching out for a free consultation.
Powell Law is proud to be one of the leading car accident and personal injury law teams in the country. We specialize in achieving a fair settlement for our clients through dedication, determination, and expert attention to detail.
No stone is left unturned, and we do not stop until our client is offered what they deserve. We offer a free consultation for anyone who has been involved in an accident and requires legal advice but does not yet know how they wish to proceed.
Frequently Asked Questions
What are the symptoms of nerve damage?
Nerve damage presents itself in a variety of ways, so it is always essential to seek medical attention after an accident regardless of what injuries are or are not visible.
Some of the common symptoms that may be a sign of nerve damage include:
Tingling or unusual feelings
Lack of sensation
Numbness to the touch
Burning
Lack of strength or control
Spasms and twitching
Extra sensitive to temperature
Dull pain in the affected area, or sometimes no pain at all when there clearly should be
Extreme flashes of pain
Paralysis
Dizziness or light-headedness
Loss of control over bodily functions, including bladder control and drooling
Blurred vision
This list is far from complete. The body is packed full of nerves: all of which do different jobs in different areas.
There is no telling exactly how one damaged nerve could affect the human body, so never delay seeing a medical professional if in any doubt.
How do I know if I am eligible to claim for nerve damage after a car accident?
Anybody who has suffered a nerve damage injury of any kind, from a pinched nerve through to a severed spinal cord, is eligible for compensation of some kind.
It is always worth contacting a lawyer to discuss the injuries suffered and costs incurred to find out how much is claimable.
However, a person who sustained injuries in an accident that was wholly their own fault is not eligible to pursue a claim unless they can prove otherwise.
Is it expensive to hire a personal injury attorney?
In short, yes, it costs money to hire expert legal counsel; however, the fee is usually paid after the case is won.
It may be considered expensive, but the chances of winning the compensation owed are much higher with a St Louis car accident attorney to lead the negotiations.
Even though the victim needs to pay their lawyer, they usually still leave with more money than they would have without one.
Most law firms do not charge upfront to begin representing an accident victim, meaning that anyone in any circumstance can get the legal support that they need. There is no charge until the case is resolved and a settlement is offered.
The fee is usually an agreed percentage of the final settlement, or sometimes an agreed set figure. Costs are always discussed and made clear before the client decides to hire the firm to represent them.
An accident victim can receive legal advice without charge through a free consultation with Powell Law under the privilege of the attorney-client relationship. The fee (if the case proceeds) then comes out of the final paid settlement.
Who is responsible for financial damages relating to nerve damage after a car accident?
Liability in a car accident settlement involving any kind of personal injury or pain and suffering (including nerve damage) falls to the insurance company of the at-fault party.
In cases with nerve damage or other extremely severe injuries, the insurance company may have a policy limit, meaning the victim needs to sue the other party directly for the rest of the money.
The circumstances of the incident and the evidence at the accident scene can help to back up a liability claim.
They also impact the eventual court case if a settlement cannot be agreed upon between the insurance company and victim, and they can also be used in negotiations.
Contact Powell Law Today for a Free Consultation to Discuss Your Case and Claim
If you have suffered nerve damage in a car accident, settlement negotiations may be the last thing on your mind. That said, it is essential to fight for what you deserve.
At Powell Law, we take your pain and suffering seriously and promise to work towards the best possible compensation.
As a law firm, we are dedicated to finding justice for all car accident victims with nerve damage injuries or other crash-related injuries.
The team of experienced and motivated personal injury lawyers we have to represent you stop at nothing to win the injury claim and get you the pain and suffering compensation you deserve.
Contact us today for legal advice and guidance about when and how to make an accident claim for nerve damage after a car crash. The free consultation is protected by the attorney-client relationship and carries no pressure. We can also help address other concerns, such as consulting about whether or not is it legal to drive a car without doors.
Don't wait to pursue the compensation you deserve. Our team is ready and willing to fight for you.
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