Suffering from nerve damage can be incredibly debilitating, impacting daily life and potentially leading to significant financial burdens. If your nerve damage resulted from someone else's negligence, you may be entitled to compensation. Understanding the process of scheduling an award, however, can be complex. This guide will help you navigate the legal and medical aspects involved in seeking compensation for nerve damage.
What is Considered Nerve Damage?
Nerve damage, also known as neuropathy, occurs when nerves are damaged or destroyed. This can result from various causes, including:
- Accidents: Car accidents, slip and falls, workplace injuries, and medical malpractice can all lead to nerve damage.
- Illnesses: Diabetes, autoimmune diseases, infections, and certain cancers can cause nerve damage.
- Toxins: Exposure to certain chemicals or toxins can also damage nerves.
The severity of nerve damage varies greatly, ranging from mild tingling and numbness to complete paralysis. Determining the extent of your injury is crucial in determining the value of your claim.
How is Nerve Damage Diagnosed?
Diagnosing nerve damage often involves a combination of:
- Physical Examination: A doctor will assess your symptoms, reflexes, and muscle strength.
- Nerve Conduction Studies (NCS): These tests measure the speed of electrical signals traveling through your nerves.
- Electromyography (EMG): This test measures the electrical activity of your muscles.
- Imaging Tests: MRI or CT scans may be used to visualize the affected nerves and rule out other conditions.
What Type of Award Can I Expect for Nerve Damage?
The amount of compensation you receive for nerve damage depends on several factors, including:
- Severity of the injury: The extent of your nerve damage and its impact on your life. Complete paralysis will command a significantly higher settlement than mild tingling.
- Medical expenses: The costs of diagnosis, treatment, medication, physical therapy, and ongoing care.
- Lost wages: Income lost due to inability to work.
- Pain and suffering: Compensation for the physical and emotional distress caused by the injury.
- Future medical expenses: Projections for future medical costs and care.
There's no set "schedule" for nerve damage awards. Each case is unique, and settlements are negotiated based on the specifics of your injury and the strength of your case.
How Long Does it Take to Receive an Award for Nerve Damage?
The timeline for receiving compensation for nerve damage can vary greatly, ranging from a few months to several years. Several factors influence the timeline:
- Complexity of the case: Cases with complex medical issues or legal disputes may take longer to resolve.
- Cooperation of the insurance company: A cooperative insurance company can expedite the process.
- Negotiation vs. trial: Cases settled through negotiation tend to resolve faster than those that go to trial.
It is important to remember that a lawsuit can take a substantial amount of time to go to trial and that many cases settle out of court before reaching that stage.
How Can I Increase My Chances of a Favorable Outcome?
To maximize your chances of a successful claim:
- Seek immediate medical attention: Thorough documentation of your injuries is critical.
- Gather evidence: Collect all relevant documents, including medical records, police reports, and witness statements.
- Consult with an experienced personal injury attorney: A lawyer can help you navigate the legal process and protect your rights.
What About Pain and Suffering? How is that Compensated?
Pain and suffering are often the most challenging aspect of a nerve damage claim to quantify. Attorneys will use various methods to calculate this, including considering:
- The intensity of your pain: How severe and persistent is your pain?
- The duration of your pain: How long have you been suffering?
- The impact on your daily life: How has the pain affected your ability to work, socialize, and enjoy life?
This aspect often involves considerable negotiation and requires compelling medical documentation to support your claim.
Can I Get an Advance on My Settlement?
In some cases, it may be possible to obtain an advance on your settlement from your attorney or a third-party funding company. However, this is not always available and should be discussed with your legal counsel. Be aware that such advances often come with conditions and interest.
This information is for educational purposes only and should not be considered legal advice. Consulting with a personal injury attorney is crucial for understanding your rights and pursuing your claim effectively. They can provide personalized guidance and support throughout the entire process.
